Faulty mobile phone

Frankie_doodle

Hi everyone, not having great luck on eBay been a member for years never had an issue and I'm now on my second problem this year grr!

I was asked to purchase a mobile phone on eBay by my boss, against my better judgement I did so using my account, the item was a blackberry phone and described as in excellent condition. The phone was purchased on the 29/8 and paid for immediately using PayPal. The estimated delivery date was for the following monday (2/9) the phone wasn't delivered and as i logged in that evening to check for a tracking number or dispatch update i had received a message from the seller to say he had noticed whist doing a final pre dispatch check on the handset that it was faulty.

He offered me the chance to pick one of the other phones he was selling or a refund. As the phone was needed urgently I selected one of the other phones the seller had for sale and asked if he could dispatch it as soon as possible. The seller responded to say he would send the other phone in place of the one we originally purchased and that the earliest he could dispatch the phone would be the 5th september.

We received the phone on the 6th but the person it was bought for was off sick so we couldn't check the phone. They have returned to work this week and have tried the phone and the speaker is faulty. It is crackling during calls.

I contacted the seller under the other option to see what he would suggest as I don't like eBay launching straight into the dispute i prefer to try and sort things out first.

The seller hasn't been overly cooperative and has basically said tough, they will only remedy faults reported within 14 days. When I pointed out that we received the phone late due to other issues at his end, and so we were now on day 14, meaning I had reported it within his time frame, the seller responded to say they would go away and check then get to me. All other responses had been received within minutes of my message to the seller and now he has gone quiet.

I was planning on messaging the seller to ask for an update and if no response by monday then I was going to raise a dispute.

What I need help with is:

Can the seller (he is a business seller) hold people to the 14 day terms he tries to even though eBay/PayPal allow 45 to raise a dispute? I have checked his terms and he actually gives 7 days in them, Also as I notified him on "day 14" does this count?

Have my rights been affected by the alternative handset being sent to me? - i have all the messages sent through eBay and received from the seller to show the item swap.

Many thanks in advance for responses.

soolin

You can still open a case through ebay for item not as described. You will almost certainly win but will have to return the phone fully tracked and insured at your own cost when ebay tell you to.

Seller terms cannot over rule those of ebay and paypal.