Ebay Question.. Do you think I have a valid complaint?

[Nugzalot]

Purchased a Blackberry 7100g off of ebay. The item was described as follows:

Like New in box RIM blackberry 7100g . This blackberry was only used by me for testing purposes. I am the only user of this blackberry. Everything works A+ fine. No problems what so ever. I bought it thinking I could use it and found out after using it that its not for me, this unit is more for the business type person. I am just a college student. I will ship the phone as soon as payment is received plus shipping. I will ship the unit via the FedEx ground or express, guaranteed in 3 working days. Shipping will be a flat rate 13.99 added to final cost of item Retail Value in stores for this unit is $299.00 brand new. Good luck..

Bonus: In addition to the blackberry, I will include the usb cable, three power adapters (Europe, United Kingdom and United States), manuals, battery and cd rom. The unit still has its protective screen on it. STILL HAVE ORIGINAL BOX

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Now I feel that Like New In box, only used for testing with the screen protector implies a phone in flawless condition. I did not come across this auction until right before the end so I had no time to contact the seller. Based off of a feedback rating of 85+ and the description I felt I was safe in making an assumption. Fast forward to today. I receive the phone and it looks like crap, gouge marks on the front of the phone, top of the phone and sides and back of the phone. There is some wearing on a few areas of the keypad. I do not see how this falls under like new just tested phone, unless by test he means threw it on the ground. The screen also appears to have some minor swirl marks on it.

I have emailed the seller without a response yet. I feel like I deserve a refund MINUS shipping costs. Do you all think this is fair? I paid right over 200 bucks for this.

 

[sixone]

That doesn't sound "like new" to me. Return it.

 

[mryellow2]

You got shafted. Definitely try to return and leave a neg if he won't refund.

 

[Nugzalot]

Also I paid via CC paypal. Anybody ever disputed something with your credit card company through paypal? Not really sure how that would work. I don't have much faith in paypal's decision making.

 

[robphelan]

Originally posted by: mryellow2
You got shafted. Definitely try to return and leave a neg if he won't refund.

 

[alkemyst]

That's an extreme example and you have a valid complaint.

I take the 'used once' comments lightly, they are very common now on ebay for items used lightly over 6months to a year+.

If I am buying something under $50-100 I let it ride, if it's more I make sure I have plenty of clear pictures of all sides of the item.

The first digital camera I bought was sold as 'no different than brand new'. The pictures the seller used were not the camera they were selling. Camera came with wear to the labels on the knob and a pretty scuffed up LCD. They seller tried to insist that it 'works' as good as new. They were selling multiple cameras so the old 'I can't take a pic of my digicam because it's the only one I have' didn't fly.

I got back shipping and a full refund after contacting eBay once they told me I would need to resell it then.

IMHO you are owed a 100% refund. Eating the shipping yourself though is a nice gesture considering you could have asked more questions...however based on the wear you noticed I guarantee this guy is a scammer. The only defense he could have is he was selling two+ of the units and sent you the wrong one. Mistakes do happen. I have recieved an empty box once on a $500 purchase. Fortunately there was already an email waiting saying he accidentally mailed the box without the item inside and that it was being overnighted...I got it that same day, so no harm done other than the sinking feeling in one's stomach opening an empty box you paid $500 for and running to email to ask WTF!

 

[Saga]

How do you accidentally mail something without the item inside?

 

[kukyfrope]

PayPal will almost always side with the buyer (that being you). Contact the seller and try to get a response. Try getting his phone number through the Ebay site (I don't have exact instructions to do it). Try find his mailing address (is it on the package?) and lookup the phone number using reverse lookup on MSN white pages or something.

If the guy doesn't respond, file with PayPal for a refund and say the item was not as described and PayPal will dip into his account and get your funds back.

Wait up to a week for a response, send an e-mail every other day and say you will get a refund through PayPal if he doesn't respond.

 

[MikeyIs4Dcats]

I'd ask for a refund and dispute through PP if he doesn't follow through.

DON'T FILE A CHARGEBACK WITH YOUR CC THOUGH. If you do, PP will walk away from you forever.

 

[alkemyst]

Originally posted by: Izusaga
How do you accidentally mail something without the item inside?

You ship the box with manuals and stuff, forgetting you took the item out to photograph it.

In businesses, sometimes you keep boxes/manuals separate from the hardware. You tell you shipper to ship it and they just grab the box.

 

[Nugzalot]

welp, got a refund back pretty quickly. Apparently the guy just resold it without ever looking at it. Hope he doesn't make the same mistake twice and hit someone else on ebay for this.