Mis-sold "new" iphone!!

Mickmason

Hi
In January 2015, I bought a late Christmas present for my daughter, an iphone 5C for £329 using a contribution from her as she had been saving up for this for the past year. I bought this from a retailer on Amazon Marketplace who advertised it as a new iphone. The delivery that we received was badly damaged but they replaced this with another "new" phone.

She dropped it recently and it easily came apart, so we took it to Apple (Genius Bar) who told us that it had a previous owner in the US who was still the registered owner, i.e. the phone was NOT new. They also said that the iphone is from Memphis and in addition has screws missing which has contributed to the damage. They have said that we will now have to pay another £200 for a replacement.

I have therefore been missold the item, my daughter has been very upset as she thought that the phone was new, and the retailer is not responding to my e-mails on Amazon. Is there any action we can take to enforce a refund as we have effectively been defrauded?
Thanks

powerful_Rogue

Have you contacted Amazon?

agrinnall

powerful_Rogue wrote: »

Have you contacted Amazon?

But would Amazon do anything about a marketplace sale nearly a year after it took place?

Le_Kirk

agrinnall wrote: »

But would Amazon do anything about a marketplace sale nearly a year after it took place?

Until they are asked the question we will not know. Worth a punt?

Mickmason

I've not contacted Amazon yet as I thought I had to go to the merchant direct, but they have been completely unresponsive; I was not sure of my rights as almost a year has passed but the fact is that we bought a product on the basis that it was advertised as brand new complete with packaging, we would never have purchased it had we known that it was a used product, and are now faced with an additional replacement cost of £200 due to a phone that was weaker than it would be normally as it had been apparently opened and not screwed back in accordance with apple specifications.

LilElvis

So call Amazon, tell them what you have been told by Apple (obviously helpful if they gave you something in writing re the prior ownership) and that the marketplace seller is unresponsive. They are usually pretty helpful and it may be that yours isn't the only complaint re the seller. I would definitely call rather than e-mail.

lovinituk

And if that fails....

https://www.moneyclaim.gov.uk/web/mcol/welcome