'New' mobile not-so new..where to go from here?

_Andy_

Evening all

I recently purchased a Blackberry Pearl on Ebay.

The item was described as 'brand new never used', locked to T-Mobile. The seller seems to predominantly sell mobiles and has extensive positive feedback.

I purchased using BIN and recieved the phone promptly following Paypal payment.

Opening up the box, although all items/accessories were present, it appeared that they had been removed from the poly bags previously. It just didn't look 'new'.

Anyway, I charged the phone up, copied my contacts across and was about to setup some speed-dials.
On doing so I noticed there were already several setup, for a few different names/numbers.

It was then obvious the phone must have been used before.

I phoned up the seller and explained I wasn't happy as there is no way on earth this phone is 'new' or 'unused' and this was in breach of the item description.
The seller tells me he purchases phones in bulk from a wholesaler who had promised him all the handsets are new.

He then offered me a discount, I was tempted however the point is I have no way of knowing how old the phone is, or, more importantly, how long it has been used for.

The seller has offered me a refund, or an exchange for another he has in stock which he assures me he has checked and definetely hasn't been used.

Item is here

http://cgi.ebay.co.uk/BRAND-NEW-RIM-BlackBerry-8100-Pearl-UK-POWERSELLER_W0QQitemZ110139994026QQihZ001QQcategoryZ3312QQrdZ1QQcmdZViewItem

not sure where to go from here - I'm now worried that all the phones are used and knowingly (either by the wholesaler or the EBay seller) being sold on as new.

That said, I can't find a new BB Pearl (T-Mobile at least) on Ebay for similar money from someone who has feedback from previous mobile sales.

Any advice?

thanks

whypayhighfees

If you really want the phone and he is prepared to pay for all postage - including your return costs, then I'd get him to send you another one on the condition he checks that everything is still packaged and unused. If it also comes through as used, then open a dispute and get a refund.

Dave_Brooker

_Andy_ wrote: »

The seller has offered me a refund, or an exchange for another he has in stock which he assures me he has checked and definetely hasn't been used.

Either take a refund or exchange the phone if you're not happy.

Seems like a reasonable enough seller.

mpython

If the seller 'buys in bulk' & doesn't check his stock then odds are next one will also be 2nd hand. I'd go for a full refund and look for a new seller.

alanwjones

I bought a brand new phone on eBay, all packing on accessories were unopened, when trialing the phone I found 2 photos on it, I emailed the seller through eBay, and he explained that he had tried it out, and immediately offered me 50% discount, which was fine with me, always after a bargain!

benedictadams

i'd ask for a full refund unless he can provide you with a factory sealed product

If the seller does not know if the item is new (relying on the "promise" of some one else if not good enough) he should not be listing them as new

_Andy_

Thanks guys for the input.

I'm thinking now perhaps it would be less hassle just to negotiate a discount rather than exchanging for one that may also be used anyway.

What kind of price do you think I should suggest?

Thanks

wileycat

What price does a used one go for?
You should get it for that kind of price, so that'll give you somewhere to aim at.

MrShrek

Looking at the guys other stock, such as the ps3 which he is selling as brand new unopened, if you look at the state the packaging is in, it is quite clear he is possibly selling catalogue returns or something.

Box is all battered and cellotaped up and he is selling it as brand new and unopened lol

I would say get your money back and go elsewhere as he has clearly decieved you in his description of the item for sale.