Brand New Second Hand Phone

[bobcofie]

A phone was listed "New, opened never used". When  I bought it and asked the seller if the warranty on the has been activated because of the description he gave. He replied and said he opened the phone, activated it and tested the games and factory reset the phone. Can he say NEW, OPENED AND NEVER USED?

I see this as a Used Phone. So in this case, what can one do?  Of course, seller does not accept returns.

[house*of*paws]

Hi @bobcofie 

You are correct about the phone being ‘used’.  You can file a ‘not as described’ claim from your Purchase History if you want.  The seller’s return policy doesn’t apply in this situation.

[disneyshopper]

The easiest way is to go to your Purchase history, locate the item. You have 30 days from date of receipt.  Click on RETURN THIS ITEM because it is Not as Described. You will need to click on MORE to see that option. The seller will need to provide a prepaid shipping label for its return. You print out the label, affix it to the box, and have the counter clerk scan the label. When tracking shows DELIVERED back to the seller, the seller needs to refund you within 2 days. If no refund, go back to the case and click Ask ebay to step in, to force the refund.

ebay's Money Back Guarantee trumps the seller's No Returns policy if the item never arrives, or it is Not as Described.  The No Returns policy is only good for buyer's remorse:  changed mind, didn't like it, doesn't fit, found it cheaper elsewhere.  For those reasons, the seller can decline a return.