Phone sold as new but is actually tampered with

[mattheantosia0]

I bought a phone off of ebay 4 months ago that was sold as brand new. I recently dropped the phone and brought it into the repair shop to have it fixed. However, the repair shop told me the phone is NOT new, it was originally a different colored, was opened up, reskinned, and sold to me as new. Therefore they can't do any repairs on it because it violates their TOS and I'm out $200. I'm livid and I want to leave feedback on the seller to help other people not fall for this scam, but too much time has passed. By the time the buyers realize they bought a tampered phone, they can't leave feedback and therefore the seller is going to continue to have positive feedback and more people will fall for the scam.

How can I get ebay involved to stop this seller?

[18704d · Accepted solution]

eBay only gives you 30 days of buyer protection and

60 days to leave appropriate feedback.

However, Paypal gives you a full 180 days of Not As Described protection.

File the complaint with Paypal, for a refund.

Lynn

[ed8108]

The phone is not in the same condition as when received, buyer admits to dropping it & now requires repair.

[fashunu4eeuh]

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@ed8108 wrote:

The phone is not in the same condition as when received, buyer admits to dropping it & now requires repair.

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That doesnt change the fact that the seller sold a used phone as new, and now must make it right with the defrauded buyer.

[performance_technology]

You might want to communicate with the seller first.  Many who do phones have hundres of thousands in stock and they could have easily made a listing mistake.  At the very least, you don't loose anything by asking for their side of the story first.  A good seller might give you a partial refund or offer a replacement.

[threshold.sales.group]

Fwiw, before going any further I would first double check with a few different repair shops.  I wouldn't mention anything about what the previous guys told you and then see what the new folks have to say about the phone. 

[castlemagicmemories]

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@threshold.sales.group wrote:

Fwiw, before going any further I would first double check with a few different repair shops.  I wouldn't mention anything about what the previous guys told you and then see what the new folks have to say about the phone. 

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A second opinion!