Android Smart Phone not as descriped

[boldenbeau]

Hope some forum members can offer some piece of advice. Had won and purchased a phone on ebay (HTC model) which i received in the mail recently. Phone was second hand (6 months use) and in excellent physical condition with few minor scuff marks. Only exception is its not running on the default OS software that came with the phone originally - HTC Sense. Its got instead "cyanogenmod". Now in the auction listing under description the seller stated the smartphone was running Android 4.4.3 with HTC Sense. There is no HTC Sense?? I checked under settings>about phone>software. I have done some brief research in this cyanogenmod and apprently it is some sort of firmware/ROM which basically roots the phone (consequently voids the warranty). Im really dissapointed and feel decieved & ripped off by this seller whom wasn't honest in the listing. I have sent a pm to the Seller asking how to get the default "HTC Sense" software back but from what i have gathered online reverting cyanogenmod back to htc sense is rather difficult to do and is beyond my abilities. Should i just go ahead and lodge a dispute through paypal and see how that goes? Appreciate any replies.

[cq_tech]

Your phone is significantly not as described (SNAD) and if it can't be returned to the condition it was supposed to be in according to the listing, and the seller won't refund your money, then yes, lodge a dispute with Paypal, but keep it as simple as possible.

If the listing stated that it had a specific version of Android with certain features, but when you received it you found that wasn't the case at all, then clearly, that is sufficient grounds for a SNAD dispute.

[boldenbeau]

Thank you for the prompt response! Yes it certainly is a SNAD. In the listing it did state it had HTC Sense software. It did not say anywhere about cyanogenmod?? I had no idea what it was until i looked up online. I noticed the phone's interface was pretty bare bones and very basic compared to my old android htc desire hd. Now i know why! I would never have bidded on the item in the first place if i had known. Feel so cheated, especially since i paid over $300!

I noticed ebay have introduced a service where you can open a dispute here since Nov 1st http://ocsnext.ebay.com.au/ocs/sr?query=1480&topicName=Item%20doesn%27t%20match%20the%20description%... Should i try ebay first or does it work in similar fashion as paypal? Also should i wait till the seller responds to see if their willing to rectify this or just contact ebay directly? Many thanks

[cq_tech]

As you purchased the phone after November 1, then eBay's MBG is definitely the best way to go, and yes, you should wait to see if the seller is prepared to do the right thing before lodging your claim. However, if he appears reluctant to refund your money then don't waste any time on him, just go directly to eBay and lodge your dispute.

[audistarelectronics]

Just a question, which HTC model is it? In my opinion it must be a super dooper model to be worth paying $300 for second hand. That sort of money can get you a brand new phone without much searching at all. According to the forums on phones, the THL units are good value, and top of the range is nowhere near what you have parted with. Your phone probably cannot be restored to the factory software, as is the result of it being played with down to that level. Get your money back and buy new.

[boldenbeau]

Thanks guys for the replies. The phone in question is the htc one m7. I was considering buying it outright retail which is roughly over $500 but thought i could get a better price on ebay, I guess i was wrong. I was really keen on that model in particular that's why i was willing to pay over $300 for it but if it has been tampered with then it is defintely not worth the price i paid for it. The guy should have been honest from the start. His already sent a reply and has confirmed he installed CynogenMod. He said id need to download the sense ROM to install it. I'm not going to do that, i'll just go a head and lodge a dispute. I should not have to jump through these technical hoops just to get the OS that should have been installed in the first place like the listing said.

[boldenbeau]

Update, the seller is promptly replying to my messages which is a good sign. He offered to install htc sense himself or send the item back at my expense,Id rather go with the later. On the parcel sachet the phone came with the return address is a PO box. Does auspost accept tracked parcel's to PO boxes?

[phorum_junkie*]

Please do not just send the phone back, do it through either an ebay or Papal dispute and only send back to the adddress given to you by ebay or Paypal. With the new ebay process if an item turns out to be not as described then the seller has to pay the cost of return postage so I would be inclined to use that. Once you choose either an ebay or Paypal dispute you cannot change to the other one.

Whichever you use if you do have to pay the return postage then do it properly, send it as a regular parcel with a road only sticker on it and pay for Signature on Delivery as that will cover you every which way.

[boldenbeau]

Hi phorum_junkie*, Thank you for the reply and advice. The seller has two postal addresses. One is a PO Box which he requested to send phone and was on the postal satchel. The other address looks like a residential address which was listed on the ebay request page. The seller has just responded and says his local postman is bit flaky and assures me his PO Box parcel will arrive safely. He said he'll refund for the shipping if i provide a receipt. Should i go ahead or demand for a return label?

[i-love-my-sheep]

As already mentioned, don't return without opening a dispute, then do what eBay/PayPal tell you. If you just go ahead and send it back, who's to say he will refund you? Some sellers can be syrupy nice until they get what they want, then will wipe you like s dirty **bleep**.

You can only send it to the address he has registed with PayPal/eBay, which is the address they will give you to send it back. If you send it to a different address, they can claim item not received and then you lose.

Open the dispute and go from there.