Claim denied even though item not as described

[sierramtlady]

I purchased a Samsung Galaxy S7 described as "New Open Box"...several months later, the battery began swelling. I contacted Samsung, and they told me the phone was NOT new...in fact, it had been manufactured a full year before I purchased it, then sent to BestBuy; BestBuy sold it, but it was returned. At some point, an eBay seller bought & listed it; Samsung's records show that the phone was not activated again until I purchased it nearly a year later. They stated that the lengthy time the phone sat un-charged contributed to the battery failure. The seller refused to help, so I opened a case with PayPal. It was denied, so I escalated it to a claim, but it was also denied "...because this purchase is not covered under the terms of PayPal Purchase Protection." I have a hard time understanding this, since the item was clearly not as described: it was used, not new, yet represented as new. Do I have any recourse?

[missjen831]

If you funded the payment with a credit card then a chargeback through your card issuer is your only recourse. PayPal purchase protection is not a warranty so they may have a 180 day policy but they will deny SNAD claims. They may have interpreted this is a warranty issue.

[mudshark61369]

@sierramtlady,

"I contacted Samsung, and they told me the phone was NOT new...in fact, it had been manufactured a full year before I purchased it, then sent to BestBuy; BestBuy sold it, but it was returned. At some point, an eBay seller bought & listed it".

While I sympathize with you, this may not have been the seller's fault, for listing it as New or was it listed as New Other?    Best Buy, has a habit of reselling returned items at lowered prices. Unless you ask they may not disclose that fact.  One of the best ways to get a good deal on large screen TVs is to visit a BB store in the first few weeks after the Super Bowl.  Many buy/rent big screens for the event, then return it for some made up reason. Best Buy will then put them out with the new TVs and sell it as a store demo, for a great price, still with the Mfr's warranty. 

Over the last few years some of the new battery technology hasn't worked the way the Mfrs planned on. There have been fires, extreme overheating, battery swelling, and even explosions, with some new types of batteries. Before buying any kind of newer attery powered tech online, do a product review or recall search first.

[gre483]

everal months later, the battery began swelling
______

How many months later?

[kim_y_buran]

FWIW, I always assume that all phones sold on eBay as "new" are in fact returns/refurbs.  And yes, I have an s7, purchased here as new.

[robot-hands]

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@sierramtlady wrote:

...several months later

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Right there is your problem, not that it wasn't "new", which it was.

One month is the cutoff not several.