Advice about a problem with an order

[tash0011]

I bought a phone about 2 weeks ago. The phone was listed as "new, unopened." First thing that I noticed was that this was not the case. It came in the original box but it was open and the phone had a screen protector on both sides. The backside looked as if the screen protector was cracked. At first I thought it was a nice little bonus but I've had nothing but problems with this phone. I contacted the seller, waited a week and got no reply. I had the phone looked at and a part was damaged and needed to be replaced (without that part replaced I had no internet acess at all and need it for when I'm working). I paid another $211.73 to have this fixed (original phone was $275 and change).  The last straw with this phone is that when I went to replace the back screen protector I deiscovered that it wasn't the screen protector but the phone itself that was cracked and the screen protector was just over it. The seller finally got back to me and wants me to ship the phone back before refunding me. The problem is I already put another $211.73 into this phone and I don't think I should have to send it back. If I didn't spend more on it, then no problem. I travel a lot for work, I cannot be without a phone. If I send it back I'm still down the extra $211.73. I think at the least I should be refunded that amount at the least (I have a reciept for the repair that I can also provide a copy of), if not the full amount because this phone was falsely advertised. 

[missjen831]

There is no good news for you. You can either return the phone and take a  $211 loss or keep it and get nothing from the seller. You technically lost your buyer protection when you had the phone fixed. The seller isn't required to accept a return. Ebay won't force him to issue a partial refund either. You should have requested a return rather than paying $200 to get it fixed. I would suggest you read the money back guarantee so that you don't make any mistakes next time this happens.

[mudshark61369]

@tash0011,

Unfortunately missjen is right, you should not have had the phone repaired.  It cost you your buyer protections.

You should have looked at the seller's feedback profile before buying from them. They probably had a 98.8% feedback rating before you left your feedback. That rating is poor for most any eBay seller especially higher volume ones.  A low volume seller could have a lower percentage for just 1 negative feedback.

To view the seller's profile click on the number in (parenthesis) after their name/ID on te page that opens you can click on the number of negatives they have received to read only those comments. You should do that for all sellers before bidding on or buying their items.

[takikawa4]

@tash0011

In the future, make sure you read ebay's Money Back Guarantee.

When an item is returned to the seller

• The buyer must return the item in the same condition in which it was received.

[tash0011]

Even though the product was not as it was listed: "new, unopened."? There's nothing that can be done about that? I did try to put in a refund but the seller took about a week to reply and I needed a phone for work. I couldn't be without one anymore. When the seller finally responded to me he even stated that the phone was "tested" so I have messages proving that it wasn't "new" or "unopened." 

[dakotasmoke]

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@tash0011 wrote:

Even though the product was not as it was listed: "new, unopened."? There's nothing that can be done about that? I did try to put in a refund but the seller took about a week to reply and I needed a phone for work. I couldn't be without one anymore. When the seller finally responded to me he even stated that the phone was "tested" so I have messages proving that it wasn't "new" or "unopened." 

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You should have waited a day or two for the seller to get in touch and when he didnt, open a buyer protection case.

As others have said, when you had it repaired, you lost buyer protection, ESPECIALLY if yoy mentioned having it repaired in messges to the seller.

[castlemagicmemories]

Yes, even though the phone was listed an unopened and new.

That was where you needed to open a not as described case for return.  I know you said you needed one for work but you probably had to wait to receive the phone in the mail to start with, since you said you couldn't be without one anymore.  Maybe due to your urgency, local would have been a better choice for you.  Just a thought.  Generally it isn't a good idea to buy anything online that you have an urgent need or a short timeline to receive.

Items always have to be returned in the condition you receive them in, and the seller is not responsible for the charges you incurred by having the phone repaired as that was your choice, not his, and you voided your buyer protection when you did that.

No brick and mortar store would take back an altered item, either.  It simply isn't done, sorry.  

[tash0011]

This is such a bunch of **bleep**. What was I supposed to do? I had to drive 400 miles out of state for my job. As a young woman alone, it's not safe without a phone. I had to have it fixed, I had to leave for my trip. There has to be something that can be done. The seller lied about the product from the beginning. I never originally got what I paid for. I paid for a new, unopened phone. Not a refurbished, still not properly working one. 

[castlemagicmemories]

Sorry but that is the way it is.  There isn't a place under the sun that will take back an item from a buyer after the item has been altered.  Just a fact of life, although I know you don't like it and don't want to hear it.  

Whether you buy something online or something locally, you don't go ahead and make repairs because then it is yours.  You own it for good.  You void your buyer protection and the right to return.

Lots of groceries and convenience stores sell inexpensive Trac fones you can get for $25.00.   You can buy a temporary service plan to get you through if you are in an emergency situation.  Or just buy a new phone locally.  It would have been far less expensive than your current situation.  

Again, sorry for your situation, OP.

[takikawa4]

You don't seem to understand that once you had the phone repaired, it was no longer in the condition in which you received it. Period. It doesn't matter WHY you repaired it. What I don't quite understand is why you paid to have the phone fixed instead of just buying a new one. 

[dakotasmoke]

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@tash0011 wrote:

This is such a bunch of **bleep**. What was I supposed to do? I had to drive 400 miles out of state for my job. As a young woman alone, it's not safe without a phone. I had to have it fixed, I had to leave for my trip. There has to be something that can be done. The seller lied about the product from the beginning. I never originally got what I paid for. I paid for a new, unopened phone. Not a refurbished, still not properly working one. 

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You had a choice, you could have bought one locally or anywhere along the way for your trip and returned the broken phone. You chose not to go through the proper channels

https://pages.ebay.com/help/policies/return-item-condition.html

Policy overview

You must return an item in the same condition as it was received, not used or altered in any way.

http://pages.ebay.com/help/policies/money-back-guarantee.html

When an item is returned to the seller

• The buyer must return the item in the same condition in which it was received.

[godzilla_goose]

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@tash0011 wrote:

This is such a bunch of **bleep**. What was I supposed to do? I had to drive 400 miles out of state for my job. As a young woman alone, it's not safe without a phone. I had to have it fixed, I had to leave for my trip. There has to be something that can be done. The seller lied about the product from the beginning. I never originally got what I paid for. I paid for a new, unopened phone. Not a refurbished, still not properly working one. 

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tash0011,

I understand your frustration with your highly unsatisfactory eBay buying "experience" BUT the responders to your thread are correct.

Secondly, my post is NOT intended to bash you but to try and assist you so please consider this in the spirit that it is written and offered.

eBay has certain listing policies that sellers are supposed to adhere to. Unfortunately, your seller LIED about the condition of your phone in their listing.

eBay's Money Back Guarantee also has certain provisions (or clauses) that you, the buyer are supposed to adhere to in order to be covered.

So, by having the phone repaired of your own initiative, you can't expect eBay to cover you under its Money Back Guarantee. As for the seller, due to their location from you, it would be impractical for you to SUE them for damages.

So, there are three specific things that I do want to suggest to you for the future:

One: The single universal rule that applies to bidders/buyers on eBay is Caveat Emptor (Buyer Beware).

Two: Read the eBay policies in place to see what you have to do (as a buyer) to protect yourself.

Three: Always do your homework first and one important thing is to check out your seller first (if you can't rely on eBay's Money Back Guarantee). Read the comments within the seller's feedback profile for legitimate complaints other buyers have left BEFORE you submit a bid or a best offer OR even exercise a Buy It Now. PLEASE, check the reputation of your seller FIRST. Since you are registered in the United States, it might also be more prudent for you to buy from a seller that is registered within the United States too.

I sincerely wish you the best for the future.

[mg152]

Buy phones from your carrier. It may cost more but you know what you're getting. I bought a flip phone off an eBay seller years ago, it still works but these days they're so fragile just shipping can damage them. I'd never buy a phone off the internet now.

[castlemagicmemories]

Truly sorry, OP.  No one here is bashing you, although it may appear that way because none of us can tell you that there is recourse when there is none, and I know that that is what you truly want.

Godzilla Goose has given you some good advice there for your protection in the future.

Sorry this didn't have a better ending for you, OP.  Good Luck in the future.

[emerald1830]

If you had all this time to get the phone fixed, why didn't you just buy a cheap one for the time being? Or better yet, why didn't you just get a new one from your carrier?

I just bought a brand new Samsung with all the bells and whistles for 150. Brand new!

So instead of spending all that money on repairs...that's what you could have done..