Yet another EBAY problem....need advice

Discussion in 'Budget Board' started by Sammy, May 25, 2007.

  1. Sammy

    Sammy DIS Veteran

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    I won an auction with Buy it Now for a used cell phone. The listing stated the phone had the usual wear and tear of 6 months of use (some minor scratches and dings), but worked "great". The phone arrived yesterday and we noticed that the receptacle on the bottom (where the charger goes) has some rust and corrosion inside. I emailed the seller describing the problem and asked about a return. She answered me back and said she sold the phone "as is" and she wasn't accepting returns. She said the rust was probably from "plugging in the charger too much" :rolleyes:

    I sent a second email telling her this was more than just normal wear and tear, that it looked like some sort of water damage, and inquired once again about a return. I have not heard back yet (this is all just since yesterday).

    Right now, the phone does seem to be working. However, I purchased this phone to replace DD's current one.....that she dropped in the toilet (clean water!!) :eek:. So, I know what water damage looks like. DD's phone worked fine for a little while after the "toilet incident", but the corrosion worked its way inside the phone and destroyed it.

    If the seller still refuses a return, how can I proceed? If the auction fails to mention something that could affect the function of the item, is that grounds for an "item not as described" dispute?? Does "as is" cover her butt?

    I paid through Paypal, but I don't know anything about their customer service.

    Am I justified at all here, or is it just "buyer beware" and live with it?? I just feel it was too much $$ for a phone that may not last for very long.

    Any suggestions would be greatly appreciated!
    Sammy
     
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  3. vickalamode

    vickalamode DIS Veteran

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    File a paypal claim against the seller if she refuses to cooperate. In the "my account" tab click on "Resolution center" and it will guide you how to file a claim step by step. I would tell her you are doing this and if she doesn't reply by tomorrow just start the claim, and DON'T close it until you get your refund. You have something like 45 days after you send money to request a refund, but do it ASAP. Her paypal account will get frozen, I believe, if she doesn't reply to the claim at all and you will automatically get your money back, but she will have the option of offering you no refund, partial refund, or full refund-you automatically will get the full refund but you can decline the other two because they don't satisfy you.
     
  4. juligrl

    juligrl DIS Veteran

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    If you do file a claim through Paypal, I hope you're not in a rush to get your money back. It was 7 months before they refunded us for some non-existant textbooks my husband got from a bogus seller.:rolleyes:
     
  5. BCV2003

    BCV2003 DIS Veteran

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    Did you check to see there is a water damage indicator inside where the battery goes?

    I know that most if not all phones have a small dot sticker in there that will change colors or turn white when exposed to water.

    If you can determine that it was exposed to water, I would not consider that normal wear.

    btw....I did the same thing a your DD last summer and my phone was only a month old!!
     
  6. formernyer

    formernyer DIS Veteran

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    File the claim. This damage is not normal and customary, like she claimed. Paypal will side with you on this. I have no clue why that other person's claim took 7 months. Paypal claims normally take anywhere from 2 weeks to 6 weeks max.
     
  7. Green Tea

    Green Tea <font color=green>I don't do hatchets<br><font col

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    I got my money rrefunded on the 10th day of a paypal dispute. File with PP as item not as described.
     
  8. kctwinmommy

    kctwinmommy <font color=red> I don't think I say anything cute

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    Yep! Ditto what all the others said. And if you can also get a cell phone store to write a little letter that says this is not the normal wear and tear on the phone that can help. A friend of mine had to file for a pair of used girls ice skates. It was the same kind of thing, way more wear than the seller stated and a ton of rust on the blade area. She got a letter from a skate salesman at her ice rink I think, and that helped her case. GL!!
     
  9. Sammy

    Sammy DIS Veteran

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    I had no idea about this...I'll check it, thanks!!
     
  10. summerrluvv

    summerrluvv <font color=darkorchid>Work Hard. Have Fun.<br><f

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    I'm not sure what the issue really is since the phone DOES work no? If it didn't charge because of the rust, that would be different.
     

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