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

[gutterpunkz05]

Exactly Dave,  and in their own words. a bit hard to deny.  Something might be a bit fishy here, just cant quite match the link, yet. Anyway if it is there, ebay should be able to see it pretty clearly.

[allanmcint]

I bought a phone in August 2019 which stopped working in November 2019. I returned that phone as requested. They have received it. Now they want to give me a different model selling for $90 less. I said that i wanted a full refund instead. They won't refund me.

[allanmcint · Accepted solution]

Gutterpunz i have no way to do a dispute through ebay. The request return option isn't available for this item. I'm guessing that's cos its more the 90 days ago that i purchased it.

[lyndal1838 · Accepted solution]

Then do it through paypal.....you have 6 months for that.

But I would wait till next week to see if the seller changes his mind and refunds you.

[gutterpunkz05]

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@allanmcint wrote:
Gutterpunz i have no way to do a dispute through ebay. The request return option isn't available for this item. I'm guessing that's cos its more the 90 days ago that i purchased it.

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Yes, I am well aware of that,

You can not claim item NAD via paypal.  as for paypal, the condition of the item relates to time of receipt.

When I first looked at your FB, I was immediately struck by and exeptionally large coincidence, a coincidence so large

that I think its odds would have been far greater than those for winning lotto.  You see, the same day you joined the forums and commenced this thread, another account with marked similarities to your own also joined the forums, naming and shaming a seller in relation to the purchase of a phone some two years ago, now when I looked at your FB, the same phone seller, just happens to appear as one of your most recent purchases, wow, what are the odds.

Then when  I looked a bit further at your FB, I also see that you claimed a refund for a faulty phone, a little over 6 months ago.

As yet, I have not had time to look any further.

Might I suggest though, that by now, most people would have realised that they might be better of buying a phone in store.   I am also a bit curious as to what you did for a phone, between your last refund and your August purchase.

[allanmcint · Accepted solution]

My first thing is, that wasn't my phone that was my sons.

And the second thing is, how can you see everybody's transaction history?  That's a bit disturbing..

[davewil1964 · Accepted solution]

It was your account, therefore as far as eBay is concerned it was you.

Any member's feedback is visible to any other member. Which might or might not be their transaction history. A pitfall that some have regretted.

[k1ooo-slr-sales · Accepted solution]

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@allanmcint wrote:

My first thing is, that wasn't my phone that was my sons.

And the second thing is, how can you see everybody's transaction history?  That's a bit disturbing..

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shhhhhh . . . he is a wizard!