New phone bought of eBay faulty?

n1guy

I bought a new iPhone 6 of eBay less than a month ago. It has a problem where the screen won't turn on quite often, the phone is on but the screen does not wake from sleep.

I contacted apple who told me to factory reset which I did and did not help, I then contacted the seller who said the phone comes with 12 months apple warranty and they will replace it, fine I thought so I contacted Apple who said yes in warranty, they will send a replacement out and I send the faulty phone in now there is a security deposit which is the price of a new handset which is taken and refunded once I they receive the dodgy phone.

I then through this isn't acceptable, its shouldn't be between me and apple, its been me and the seller and I opened a case but he is sticking to his guns, nothing to do with him, he is also implying I broke something following apples advice of factory restoring the device.

So who's in the right?

theonlywayisup

You cannot claim SNAD unless the item was faulty/damaged upon delivery. Ebay don't offer a guarantee.

I am not entirely clear from your thread what is happening but I think you are saying Apple will cover a change of phone, but I am not certain if you are saying the phone is 'dodgy' or just faulty. There's a difference

n1guy

theonlywayisup wrote: »

You cannot claim SNAD unless the item was faulty/damaged upon delivery. Ebay don't offer a guarantee.

I am not entirely clear from your thread what is happening but I think you are saying Apple will cover a change of phone, but I am not certain if you are saying the phone is 'dodgy' or just faulty. There's a difference

Let me explain, this problem has happened the day after I received the phone, I brushed it off but it has happened 4 times since, I got fed up and opened the case with eBay.

Yes Apple will replace the phone if I pay the security deposit which is the cost of a new iPhone 6. The phone is faulty.

The person is a business seller so should comply to distance selling regulations and sale of goods act which state.

It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

http://www.ebay.co.uk/gds/Sale-of-Goods-Act-Quick-Facts-faulty-goods-etc-/10000000007812520/g.html

theonlywayisup

n1guy wrote: »

Let me explain, this problem has happened the day after I received the phone, I brushed it off but it has happened 4 times since, I got fed up and opened the case with eBay.

Yes Apple will replace the phone if I pay the security deposit which is the cost of a new iPhone 6. The phone is faulty.

The person is a business seller so should comply to distance selling regulations and sale of goods act which state.


http://www.ebay.co.uk/gds/Sale-of-Goods-Act-Quick-Facts-faulty-goods-etc-/10000000007812520/g.html

Let me explain. DSR and SOGA don't apply to your sale, they have been replaced. They haven't existed for some months.

theonlywayisup

Is your phone faulty or dodgy?

Ebay do not offer a guarantee, if you want to claim SNAD the item must be SNAD.

n1guy

theonlywayisup wrote: »

Is your phone faulty or dodgy?

Ebay do not offer a guarantee, if you want to claim SNAD the item must be SNAD.

Its is faulty. And what do you mean the sale of goods act no longer exists?

theonlywayisup

n1guy wrote: »

Its is faulty. And what do you mean the sale of goods act no longer exists?

http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

As I said, if the fault wasn't evident upon delivery, you should not be claiming SNAD.

If Apple are willing to swap the phone I don't understand the issue. You cannot expect them to send out a brand new phone to you for nothing in the hope you return a fault one.

Have you tried taking it into an Apple store?

n1guy

theonlywayisup wrote: »

http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

As I said, if the fault wasn't evident upon delivery, you should not be claiming SNAD.

If Apple are willing to swap the phone I don't understand the issue. You cannot expect them to send out a brand new phone to you for nothing in the hope you return a fault one.

Have you tried taking it into an Apple store?

Cost is the issue, I do not have the money to be shelling out for the deposit after just purchasing a new phone which is now faulty.

The fault was not evident upon delivery as I hadn't used it, it became evident after a couple of days use.

There are no Apple stores locally.

19lottie82

theonlywayisup wrote: »

You cannot claim SNAD unless the item was faulty/damaged upon delivery. Ebay don't offer a guarantee.

eBay will definitely force a refund on return if something stops working within a month! 100% without a doubt! Maybe that's not the way it's supposed to work, but it does.

OP, is your case still open? If so, just escalate it ("ask ebay to step in and help") as soon as youo can, I think it should be 7 or 8 days after the casse was opened.

theonlywayisup

As you have opened a case for SNAD, you should see what they say in 8 days you escalate it. You might be lucky.

I live in the back of beyond and yet there is an Apple shop within 100 miles. If I were worried about the cost of a phone I would perhaps travel the distance.

theonlywayisup

19lottie82 wrote: »

eBay will definitely force a refund on return if something stops working within a month! 100% without a doubt! Maybe that's not the way it's supposed to work, but it does.

OP, is your case still open? If so, just escalate it ("ask ebay to step in and help") as soon as youo can, I think it should be 7 or 8 days after the casse was opened.

It depends what the OP opened the case for i.e., how it was worded.

There is no month warranty. There is 30 days from latest estimated delivery to open a case. Ebay are quite clear there is no warranty, so it will depend on the wording and if the CS bother reading the case.

Other terms

Buyers and sellers permit us to make final decisions about all cases, including appeals.
We may provide buyers and sellers with access to each other's names, user IDs, contact information, and other information relating to a request.
When a buyer and seller don’t speak the same language, we may assist with communication until the issue is resolved.
eBay Money Back Guarantee is not a product warranty.

It's 8 days by the way. I'm surprised you didn't know that based on your post.;)