eBay Money Back Guarantee not valid because the item was used

[jokeris91]

Good morning,

I received a used smartphone with a touchscreen malfunction that was not mentioned in the listing. The malfunction is not obvious, and I only noticed it a couple of days after its arrival. The seller, of course, does not accept returns, and eBay is also saying that the buyer protection does not apply because the item is used. Honestly, this seems absurd to me. Does the protection only cover cosmetic defects or items that never arrive? And where is that stated in the policy?

[aproudparent2010]

Did you try opening a case for damaged or not as described?

I returned a used cellphone because the screen was cracked and had no problems doing it.

[fbusoni]

@jokeris91 

"The seller, of course, does not accept returns..."

That's what HE thinks.

File a "not as described" with eBay and if the seller does not send a return label, eBay will give you your money back AND let you keep the phone.

[lacemaker3]

Hello @jokeris91,

You are registered in Italy, and so is the seller of that phone. So you are covered by the buyer protection on eBay Italy:

https://www.ebay.it/help/policies/ebay-money-back-guarantee-policy/ebay-money-back-guarantee-policy?...

Used items are covered, but there are several other reasons why you might not be eligible. You can read about them in the link above.

Come acquirente, perché la transazione sia idonea per la Garanzia cliente eBay:

• Devi completare e pagare l'acquisto su eBay.it utilizzando un metodo di pagamento idoneo durante la procedura di pagamento
• Devi soddisfare i requisiti specificati in queste regole, incluso agire entro i tempi previsti
• L'oggetto non deve essere un oggetto escluso o soggetto a esclusioni aggiuntive, e
• Non puoi cercare di risolvere lo stesso problema con un altro metodo di risoluzione

Gisted translation:

As a buyer, for the transaction to be eligible for the eBay Customer Guarantee:

• You must complete and pay for the purchase on eBay.it using an eligible payment method during the payment process
• You must meet the requirements specified in these rules, including taking action within the timeframe
• The object must not be an object excluded or subject to additional exclusions, and
• You can’t try to solve the same problem with another resolution method

[jokeris91]

I created a INAD case and I received that answer from the eBay support. I cannot be refunded because I used it for a couple of days.

[jokeris91]

Yes, thank you. However, I don't see why my case does not apply. It seems to have all the prerequisites, however the eBay support rejected my INAD case.

[lacemaker3]

Have you returned the phone already, or do you still have it?

What, exactly, did the messages say? What did you say in the case, and what was the response. Please post it in the original language.

Coverage for used items on eBay Italy:

https://www.ebay.it/help/policies/ebay-money-back-guarantee-policy/ebay-money-back-guarantee-policy?...

Gisted translation:

[house*of*paws]

Hi @jokeris91 

You should still be able to get a refund from your credit card company IF you cannot get it from eBay.  Keep that in mind as you progress through eBay’s Money Back Guarantee procedures.

[jokeris91]

I still have it.

This is what I've said:

"Il touch del telefono è difettoso su due angoli dello stesso, non registra bene il tocco. Me ne sono accorto dopo un paio di giorni di utilizzo quando ho iniziato a utilizzare Whatsapp che ha il pulsante per mandare gli audio nell angolo, infatti non riuscivo spesso a mandare vocali più lunghi di un paio di secondi. Il difetto diventa molto più evidente usando un vetro protettivo sul telefono, al punto da renderlo inutilizzabile con una protezione."

I suspect that saying "after having used it for two days" excluded me from the policy. Even if obviously I had to use it thoroughly  to find it.

[lacemaker3]

@jokeris91 

You're allowed to use an item enough to be able to identify any issues it may have. That is stated explicitly in the terms.

Have you contacted your credit card company about this?

It might possibly have to do with modifying the item by installing several screen protectors, if I understand you correctly. But I wouldn't expect even that to void the eBay Customer Guarantee. Have you needed to use the eBay Customer Guarantee a lot before now?

Since you and the seller are both in Italy, I think you should probably ask about this on the eBay Italy community boards. They should be more familiar with how the eBay Customer Guarantee policy works in Italy.

https://community.ebay.it/