What do I do when I get a 1 year warranty on a phone and after 3 months it is faulty

[allanmcint]

I purchased a phone in August 2019.  In November 2019 it stopped working, due to no fault of mine.  I contacted the seller who agreed it was faulty and I should return it.  It had a 1 year warranty.  I returned the phone at my own cost and was told that they had no more of that stock and they could supply a slightly different phone (which was $90 cheaper).  I said no I would have a refund and they've said on 2 occasions they don't refund.  I then emailed them as follows:

I'm sorry, but the item I purchased clearly stated under the postage & payments tab:
"Refunds by law: In Australia, consumers have a legal right to obtain a refund from a business if the goods purchased are faulty, not fit for purpose or don't match the seller's description. More information at returns"
As you are not able to provide me with the exact phone in exchange for the faulty phone purchased in August, please confirm that you will provide a full refund pursuant to the above terms,

They replied:

As we informed earlier, your purchase is not eligible for a refund
The only other option available at the moment is we wait for the replacement of same stock arrive and send it to you
However, please be informed that we are unsure about the next stock arrival

There is no option to dispute this as there is no "return this item selection"

What can I do???

Thank you

[jellybirddesigns · Accepted solution]

Warranties on Ebay are not worth anything.

Was your seller actually located in Australia or in China?

I would never send back an item at my cost without opening a case first.

If more than a certain time frame has passed, you can open the case on Paypal (up to 180 days)

If possible, open a case on Paypal (not as described) and then enter the tracking number.

Others will be along to give further advice.

[allanmcint]

My apologies, the seller organised a courier to pick up and has acknowledged they received it.

[jellybirddesigns]

This probably makes it worse - they now have your item and your money.

Sorry, but you have gone about this the wrong way altogether.

This is not how returns work on Ebay.

Your last recourse may be a chargeback if you financed the purchase through your credit card to paypal.

[allanmcint · Accepted solution]

Mmmm not good.
I'll make PayPal claim tomorrow.
Thanks

[jellybirddesigns · Accepted solution]

Your claim may not fly if you've got no return tracking number.

When the courier picked up the phone, did they give you any type of paperwork?

If so, that should have a tracking number.

You may want to communicate to the seller that you will be looking at a chargeback if they do not refund you (if this is applicable as mentioned above).

[lyndal1838 · Accepted solution]

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@allanmcint wrote:
Mmmm not good.
I'll make PayPal claim tomorrow.
Thanks

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Do not rush into a paypal claim.

At the very least wait till next week to see what the seller does next.

Unless the courier gave you a receipt or some other proof that they took the phone you stand to lose the dispute anyway.

The fact that the seller has arranged a courier and has acknowledged receipt of the phone indicates to me that he is trying to be helpful and a few days is not going to make a lot of difference now.

[gutterpunkz05]

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@allanmcint wrote:
My apologies, the seller organised a courier to pick up and has acknowledged they received it.

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Ah!!  I see the confusion, you have purchased more than one faulty phone this year.  

[allanmcint]

No, just one phone.

[davewil1964]

So what was the one you got a refund for more than 6 months ago, then? A toy?