desperatly need advice please

fishingcinema

hi all

i purchased a nokia n95 lookalike on ebay for a christmas presant

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&rd=1&item=140188144657&ssPageName=STRK:MEWN:IT&ih=004

paid via pay pal,received phone,

upon my brothers return monday he opened his presant to find that the phone was turning itself on and off and not charging properly and now the phone screen is flickering on and off black and white the phone is un usable

so i sent a message to the seller who has 100% good feedback and i had already left positive

my exact message was

" hi sorry to be the barer of bad news but the phone i brought off you just before christmas has stopped working,last night it kept turning itself off and would not charge up then today it keeps flickering on and off,it is unusable as when it flickers its just a black and white screen.

many thanks"

i have just had a reply saying

"hi sorry to hear this but it was working fine when i posted it sorry but there is no refund option stated in the final sale terms"

so now i am really confused as to what to do i never saw anything about no refund in the final sale terms what do i do

any advice would be hugley appreciated

dotchas

Start a significantly not as described dispute with Paypal as he has £500 buyer protection

fishingcinema

thank you so much for advice was not sure where to go

i have done as advised and checked box

Internally damaged For example:

• Doesn't power on
• Doesn't function properly

dotchas

Paypal will tell you to return the phone ,MAKE SURE you send it by a trackable method.

fuzzgun19

Am I right in thinking you have already left feedback?

fishingcinema

dotchas wrote: »

Paypal will tell you to return the phone ,MAKE SURE you send it by a trackable method.

thanks for that advice would i probably be best to send it special delivery?

fishingcinema

fuzzgun19 wrote: »

Am I right in thinking you have already left feedback?

unfortunatly i left blindingly good feedback recomending the seller

dotchas

Once its over (or now if you want) you can leave follow up to your feedback giving an update,but do not mention a paypal dispute.

You need to send it SD to be covered for that amount

andreweastell

Definately use Special Delivery, it will cost about £6 but worth every penny in this case.
Good luck
Andrew

fishingcinema

i sent seller a message after opening dispute saying surely they would have a warantee with the phone when they purchased it and they replied

"hi i brought the item from another seller on ebay from hong kong your welcome to look through my history to see who i brought it from"

then on the dispute they left a message saying

"phone worked fine when i sent it out as ive said i brought it from another seller on ebay and paid more for it not alot i can do really"

so i have just sent them a message saying that surely they should still be covered by some kind of warantee fromwho they brought it from and could they contact them regarding this

i have looked through there feedback and found they won the phone on 24th oct 2007
http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=290171769917

im now wondering as they listed it as new had they infact used the phone found this fault and then sold it on to some unsuspecting mug ie me

should i just escalate to a claim as its becoming obveious they are not willing to budge?

also at first i thought it strange it took them so long not to want the phone then i thought mabey it took a while to come from hong kong but i just realised that it was 24hr shipping to uk so im kind of sure that it was probably already broken

CHR15

fishingcinema wrote: »

im now wondering as they listed it as new had they infact used the phone found this fault and then sold it on to some unsuspecting mug ie me

Precisely what I would think. I would escalate to a claim now.

It all seems obvious he found the fault and passed it off (was the box sealed and all intact? doubtful so even the "New" claim is unlikely.