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Item received is not the same as described

I bought two iphone 7+ from the same seller as gifts for my parents. I was pleased with the first one so I bought a second one.

When I wife came back from a business trip and opened the box yesterday, she told me there was a dent on top of the cell phone. I was hoping the dent may not be a big issue since it is much cheaper comparing buying a brand new one. Some light scratches should be acceptable as the first one I bought. However, this morning my wife sent me some pictures of the 2nd cell phone which is pretty obvious and it shouldn't be categorized as "excellent" condition per seller's description. 

I sent an email to the seller with the pictures. I got a prompt reply from the seller and the seller agreed that it doesn't hold to the quality of their standard. Later on, they sent me another email asking me to provide the IMEI so they can confirm if they shipped the correct item. In the email, they also provided several pictures of the "same item" plus a tag with my name and IMEI numbers by the phone. According to them, it is there procedure to document and tracking their product prior shipping to the customers.

However, when I took a close look at their pictures I noticed that the item is different from what I got. I called my wife (I just started my new job in a different state) to double confirm if she dropped the phone and she said no.

Things started to get suspicious.  

1. The phone in the pictures provided by the seller was powered off. There is no way to identify the cell phone w/o the IMEI number displaying on the screen. Just a printed tag placed next to the phone.

2. The phone in the pictures provided by the seller has no dent.

3. The phone in the pictures provided by the seller had scratches on the edge of the camera while the one we got doesn't.

4. Pictures on both sides are showing scratches on the apple logo, however, they are different.

5. The phone in the pictures provided by the seller doesn't have scratch on the side while mine does.

After several rounds of email, despite of the pictures I provided in the emails, the seller concluded that the phone was dropped on my side and we should be responsible for it.

We agreed that we should let ebay to step in.

I know I am telling the truth as an ebay member since 2010, I got 0 either negative or neutral feedback as a buyer and a seller. It is the first time that I have to debate over an item with the seller for the whole day.  I am exhausted and frustrated. I was asking myself does it worth it? The phone is still functioning, I could have kept it for myself and buy another one for my mom while in the meantime, I want the justice. According to the ebay, the seller started their business since March 2018 and they have sold thousands of items with 100% positive feedback. Maybe something happened before it was delivered to my house. But I am 100% sure that we are telling the truth. s-l1600 (1).jpgs-l1600 (2).jpgs-l1600.jpga.jpgb.jpgIMG_3334.JPGIMG_3332.JPGIMG_3339.JPG

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Re: Item received is not the same as described

why I can't see my post?

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Re: Item received is not the same as described

So, you filed a case in eBay's Resolution Center for a refund because the item arrived damaged, right? Good.

Forget the seller's pictures. Not only does eBay not care, but also there's no way for the seller to prove the phone in the photo is the one they sent you.

Don't worry about it. eBay will find in your favor. The seller will have to provide you with a return label (or the cost thereof) and will have to refund you when they receive the phone.
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