Brand New handset or a potential refurb/returned handset

ConsumerGuy0016

FireWyrm wrote: »

Then what they are doing is illegal and you can report them to Trading Standards. If goods are clearly advertised as new, then they must be so, complete with seals in tact. Anything less is not new and they cannot sell it at the 'new' price.

Will be giving Trading Standards an email/call tonight - I've asked Smartphone Company to advise me of their final position on the matter before the end of the day.

I've requested a return but they're stalling on this, trying to convince me into a replacement handset (that will also be unsealed?!)

They're still trying to convince me that the phone is 'brand new' despite admitting it has been used and turned on my someone previously.

Will update this thread in the coming days with further information

agrinnall

If it's less than 14 days since it arrived and you don't want the bother of trying to prove that it's a refurb then simply cancel using the CCRs. You'll probably have to pay the return cost but the seller can't argue with your decision.

ConsumerGuy0016

agrinnall wrote: »

If it's less than 14 days since it arrived and you don't want the bother of trying to prove that it's a refurb then simply cancel using the CCRs. You'll probably have to pay the return cost but the seller can't argue with your decision.

Lol not going to pay return postage. Don't have to prove anything as the retailer themselves has admitted the phone was used before it was sent to me.

Used = not brand new as advertised

Collabora

ConsumerGuy0016 wrote: »

Incidentally, I just called Sony who confirmed that they sell all their phones to retailers and third-party sellers in sealed condition (with official Sony tape).

Seems to explain how these third-party sellers can sell the phones on at such good prices if they're purchasing second-hand knock offs at much lower prices.

But did they say their supplier was Sony. Their is a lot of wholesale/bulk clearing houses out their where a retailer will purchase a pallet full of customer returned goods (goods returned to argos/littlewoods etc. which cannot go back on shop floor) so they may just purchase pallets of mobile phone returns. this is not Illegal

Collabora

FireWyrm wrote: »

Then what they are doing is illegal and you can report them to Trading Standards. If goods are clearly advertised as new, then they must be so, complete with seals in tact. Anything less is not new and they cannot sell it at the 'new' price.

Not illegal if they purchase them from a wholesale/bulk clearing house as a pallet of customer returns.

ConsumerGuy0016

agrinnall wrote: »

If it's less than 14 days since it arrived and you don't want the bother of trying to prove that it's a refurb then simply cancel using the CCRs. You'll probably have to pay the return cost but the seller can't argue with your decision.

Collabora wrote: »

Not illegal if they purchase them from a wholesale/bulk clearing house as a pallet of customer returns.

Email from Smartphone company/MobilePhonesDirect:

"However, it seems as though you have also been misinformed by the Sony Representative you have spoken with. We have had confirmation from our Sony Account Manager that the Sony handsets do not come sealed. Having seen new Sony products myself, I can speak from experience to confirm this"

So Sony handsets are apparently sold in the UK unsealed - would be great to hear if others can attest to this?

LilElvis

ConsumerGuy0016 wrote: »

Email from Smartphone company/MobilePhonesDirect:

"However, it seems as though you have also been misinformed by the Sony Representative you have spoken with. We have had confirmation from our Sony Account Manager that the Sony handsets do not come sealed. Having seen new Sony products myself, I can speak from experience to confirm this"

So Sony handsets are apparently sold in the UK unsealed - would be great to hear if others can attest to this?

As already suggested a couple of posts ago - go to a bricks and mortar store and ask to see a boxed Sony phone so you can see if it is sealed. If it is take a photo and forward it to them.

You could also call Sony again and ask them to confirm by email that they only ship sealed boxes.

Sounds a bit of a faff, even though it is a point of principle, when you are only going to save the cost of the return postage.

Collabora

ConsumerGuy0016 wrote: »

So Sony handsets are apparently sold in the UK unsealed - would be great to hear if others can attest to this?

well i had a Sony Xperia E3 sent to me by EE and this box had a security seal on it with the sony hologram on it and the phone had one of them daft screen protectors on that is covered in writing, but the box also contained a normal screen protector i could fit myself.

so you your answer YES SONY handsets are in sealed boxes, but they may arrive unsealed to the provider as how would the provider place the sim into the box

ConsumerGuy0016

LilElvis wrote: »

As already suggested a couple of posts ago - go to a bricks and mortar store and ask to see a boxed Sony phone so you can see if it is sealed. If it is take a photo and forward it to them.

You could also call Sony again and ask them to confirm by email that they only ship sealed boxes.

Sounds a bit of a faff, even though it is a point of principle, when you are only going to save the cost of the return postage.

Called Sony again after I received the email, and their escalations team confirmed that the phones are sold to retailers and networks sealed in Sony tape.

It's nothing to do with principle - I just want a handset that hasn't been used before. If I was okay with a used handset I would have purchased a refurb or a second-hand one from Gumtree/Ebay at a significant discount.

ConsumerGuy0016

Collabora wrote: »

but they may arrive unsealed to the provider as how would the provider place the sim into the box

The sim arrived in the same parcel just separately from the box.

Retailer has admitted the phone was used by someone in the warehouse before it was sent to me. Used = not brand new as it was advertised. Used = unsealed, turned on, screen protector taken off.