No Refund But Service Not Provided

eddddy

Joshhall16 wrote: »

When I purchased i selected the phone model and imei, then entered my email, where I was then redirected to a payment processer called nochex I think.

They took payment instantly, when I had the email that I needed the second payment, I clicked the link in my email, which took me to a page saying £30 to be paid, click here to pay, which I did and no tick box for T&Cs or any kind of acknowledgement of them.

I just retraced my steps without paying using a fake imei number to get to checkout, and the only T&Cs I accepted during that process was the purchase of emoney from nochex ltd.

OK - so you can try arguing with them that...

• those t&cs weren't brought to your attention, and it is not reasonable to expect buyers to search the website for t&cs which aren't immediately obvious.

• And, in the absence of any T&Cs saying otherwise, a reasonable person would expect that they would get a refund, if their phone cannot be unlocked

(If there are no explicit terms, the law would look at "What would a reasonable person expect?")

But if they still refuse to give you a refund, your only option might be a claim in the small claims court.

Edit to add...

Or I guess you could try a chargeback - maybe that would work - but this isn't a straightforward chargeback case.

davidmcn

eddddy wrote: »

But if they still refuse to give you a refund, your only option might be a claim in the small claims court.

Though before doing that you'd first have to find out the real-life identity of the business behind the website, which seems rather obscure.

Joshhall16

Thankyou, you have been a great help

Joshhall16

although it wouldnt be an easy case, with what i have discovered it would be pretty ignorant for VISA to ignore the claim.

I will do my best, and if not I lose, at least I have tried, I just didnt even know where to begin

soolin

From an ebay point of view (and assuming I have understood correctly) I would seriously reconsider your business model, acting as an intermediary between the ebay buyer and a third party is a disaster waiting to happen. It's already gone wrong, but could actually have got a lot worse - and even now after refunding on ebay you might find some restrictions already on your ebay account which could easily get turned into a full ban if you don't handle it correctly.

soolin

Also, did you check the reviews before opting for this company- didn't you see how many were removed? That's always a very bad sign.

https://uk.trustpilot.com/review/appleiphoneunlock.uk

You might also want to look at the nochex reviews- they do not operate the same system as paypal so you may struggle with any sort of chargeback:
https://uk.trustpilot.com/review/www.nochex.com

Joshhall16

My business isnt focused around ebay fortunately, Personally im not a fan of how they operate, always siding with buyers etc.

My business Is just local tech repairs in my area, I just used ebay to try and raise some extra money. It went wrong at the first hurdle and I stopped immediately, however it is a very similar aspect to dropshipping and ebay is full of that, the only downside is the lack of delivery confirmation from couriers.

I have no intention to do the same sort of thing on the site, my naivity got the better of me

Joshhall16

Im normally pretty savvy when shopping online, but this slipped through the net, after the issues i checked all the reviews and noticed the removed reviews, including my own which was 100% honest.

I guess I will have to do my best, but thank you all for the help

soolin

Joshhall16 wrote: »

My business isnt focused around ebay fortunately, Personally im not a fan of how they operate, always siding with buyers etc.

My business Is just local tech repairs in my area, I just used ebay to try and raise some extra money. It went wrong at the first hurdle and I stopped immediately, however it is a very similar aspect to dropshipping and ebay is full of that, the only downside is the lack of delivery confirmation from couriers.

I have no intention to do the same sort of thing on the site, my naivity got the better of me

Be careful comparing it to drop shipping - drop shipping is allowed if you state that up front and have a reliable and accurate delivery estimate. Services, intangible goods where you are merely the middle man is a different scheme and can easily be against their intangible goods policy unless places as a classified ad (at a further cost) . I assume you were correctly using a business account- so will have incurred listing costs as well as FVfs.

Joshhall16

Fees etc are to be paid by myself as the risk I took by selling on ebay was my own, ebay did nothing wrong.

Im more peeved that companies like this still get to operate and practically steal money from conusmers then get away with it, and manipulating the system by removing reviews etc, Its unnaceptable.

Oh well, each loss comes with a lesson, and this certainly taught me.