Ebay Seller not as advertised.

the_lunatic_is_in_my_head

DiddyDavies said:

Ricardo1961 said:

I switched it on once, it started, but when it arrived in Cebu, it started but after a few minutes, went off and would not restart.

It's possible that it was damaged during its travels or during one of the customs inspections it may have gone through. 

It's unlikely the internal components would become corrupted from being posted but even if they did the phone appears not be new as sold as the OP says the EMEI  shows it's been used before.

OP any warranty is in addition to your rights so can have any (fair) terms the seller sets. 

Your consumer rights are to receive a repair, replacement or refund but from what I know you would need to get the phone back to the seller. 

Phones are a tricky area and likelihood of coming across less than honest sellers is greater, whether on eBay or anywhere other than national/global retailers. 

Just my personal opinion but I'd pay the £53 to have it repaired and draw a line under the matter.

soolin

Aylesbury_Duck said:

If you want the seller to refund you, you will need to get the phone back to him.  That would prove it's the phone he sold you.

I believe, but am not sure- that the phone was bought some previous months back as it appears to have gone on a trip via land since. Once OP clarifies when phone was actually bought we may be better placed to advise. However as you rightly point out all this is immaterial if the phone is currently overseas as a) it would need to be in the UK and ready to be presented for any warranty or guarantee, b) shipping overseas may well have invalidated any guarantee, assuming there was one and c) time seems to be against the OP here.

sheramber

soolin said:

Aylesbury_Duck said:

If you want the seller to refund you, you will need to get the phone back to him.  That would prove it's the phone he sold you.

I believe, but am not sure- that the phone was bought some previous months back as it appears to have gone on a trip via land since. Once OP clarifies when phone was actually bought we may be better placed to advise. However as you rightly point out all this is immaterial if the phone is currently overseas as a) it would need to be in the UK and ready to be presented for any warranty or guarantee, b) shipping overseas may well have invalidated any guarantee, assuming there was one and c) time seems to be against the OP here.

soolin said:

Aylesbury_Duck said:

If you want the seller to refund you, you will need to get the phone back to him.  That would prove it's the phone he sold you.

I believe, but am not sure- that the phone was bought some previous months back as it appears to have gone on a trip via land since. Once OP clarifies when phone was actually bought we may be better placed to advise. However as you rightly point out all this is immaterial if the phone is currently overseas as a) it would need to be in the UK and ready to be presented for any warranty or guarantee, b) shipping overseas may well have invalidated any guarantee, assuming there was one and c) time seems to be against the OP here.

The OP says in the first post that he bought it at the end of June.

soolin

sheramber said:

soolin said:

Aylesbury_Duck said:

If you want the seller to refund you, you will need to get the phone back to him.  That would prove it's the phone he sold you.

I believe, but am not sure- that the phone was bought some previous months back as it appears to have gone on a trip via land since. Once OP clarifies when phone was actually bought we may be better placed to advise. However as you rightly point out all this is immaterial if the phone is currently overseas as a) it would need to be in the UK and ready to be presented for any warranty or guarantee, b) shipping overseas may well have invalidated any guarantee, assuming there was one and c) time seems to be against the OP here.

soolin said:

Aylesbury_Duck said:

If you want the seller to refund you, you will need to get the phone back to him.  That would prove it's the phone he sold you.

I believe, but am not sure- that the phone was bought some previous months back as it appears to have gone on a trip via land since. Once OP clarifies when phone was actually bought we may be better placed to advise. However as you rightly point out all this is immaterial if the phone is currently overseas as a) it would need to be in the UK and ready to be presented for any warranty or guarantee, b) shipping overseas may well have invalidated any guarantee, assuming there was one and c) time seems to be against the OP here.

The OP says in the first post that he bought it at the end of June.

whoops, missed that- thank you.

In that case he is well out of time for any ebay action, potentially he's just about in with a paypal claim , but even if paypal do uphold a SNAD (which is not automatically given as it isn't a warranty nor a guarantee and implies item was damage don arrival) , OP will have a very limited time frame in which to return it to get their refund. 

That leaves any guarantee or warranty given by the seller , and of course we do not know the terms and conditions of any that featured on the listing. To use any such warranty the buyer can use small claims, but again would need the phone to hand ready to return if small claims finds in his favour. I also believe, but am happy to be corrected, that many warranties do not transfer out of the UK, so if OP has mentioned the fact that this phone has done an overseas tour- the warranty (assuming there is one) may already be invalidated. 

cymruchris

Would have been better to do all the checks you’ve now done back at the time you received it before posting it. The seller isn’t liable for the fact that you chose to spend money posting it to the other side of the world. It might have been worthwhile testing the phone thoroughly before posting it. 

The guarantee doesn’t cover the cost of shipping it back to you here in the Uk, and unless otherwise mentioned in the advert, guarantees are rarely worldwide. You’d normally have to ship the item back to the seller for a repair or refund. Not what you wanted to hear but that’s what it is. Get it repaired in the Philippines and move on.

Ricardo1961

Thanks for all your contributions so far. The test I did was to switch it on and it seemed to work. Bought on 29th June and then wrapped in bubble wrap and placed in a Balik Bayan box as they are called which I believe are container shipped and can take about 3 months. This one arrived early October. It was not damaged in any way as the box was exactly as sent. The receiver sent a picture. I have claimed through PayPal but opinion here seems to be that by posting it overseas I lose any right to a guarantee. I do not want anyone else to get caught but as we all know, it is impossible to contact other buyers who reported negative feedback. I buy most of my stuff through Ebay as I am physically disabled and shopping other than by mail is virtually impossible. The feeling I am getting is to put it down to experience. I feel sad for young Jesse as all schools are shut now there and he could have used it to learn. I will try keep everyone updated. Best wishes and all stay safe (and healthy)

Aylesbury_Duck

If/when you can afford it, can you wire him some money so he can buy his own handset there?  That way, if he hits problems he at least has a chance of a local solution.  I suspect that would be better than spending more money on a handset, the provenance of which looks dubious.

davidmcn

Aylesbury_Duck said:

If/when you can afford it, can you wire him some money so he can buy his own handset there?  That way, if he hits problems he at least has a chance of a local solution.  I suspect that would be better than spending more money on a handset, the provenance of which looks dubious.

I was also surprised that it isn't easier/cheaper to buy a phone in the Philippines than to get someone in the UK to send you one.

Ricardo1961

Strangely enough, branded phones from the Philippines are very expensive. It’s the same in TV shops, they have all the latest models but the prices are amazingly high. I don't know who can afford! Samsung phones are twice as expensive at least. They tried to charge me extra for being a long nose as well when I used to go out there😅. Most Filipinos in UK seem to have the latest iPhone. Must be a status symbol.

Ricardo1961

Ok matter reported to Trading Standards. Hope we can learn something from this🤞🏻