When it isn't brand new but the ad said it was

[skiingmann]

I am aware that I can raise a case if the item I purchased is dead on arrival, damaged or malfunctions in the 90 days.  What happens when the Iphone battery stops working 8 months into use. 

I take it to Applecare to get a price to fix it and I am given evidence that my "brand new" phone is actually second hand. The battery is non genuine and causing the phone to fail. Messaged the seller who have asked me to wipe the phone etc and send photos of the device with apple items not locked so they can refund it as it was sold as "NEW" not second hand. Well, I am 8 weeks into waiting for the seller to reply to my numerous requests to refund the money. 

Ebay were contacted but scripted just a polite email for me to send to the seller. So I spend $750 on a "NEW" iphone to have it work for 8 months. It is legally a second hand phone that the seller has knowingly sold as "Brand New". 

Anyone know how to prompt Ebay to look after their customers. I don't see why they will not contact the seller in regards to this type of compliant.  Open to any suggestions. Thanks 

[padi*0409]

After 8 months there's nothing you can do except wear the loss.

You're out of time for both eBay and Paypal and I doubt if a chargeback will work now through a bank.

[countessalmirena]

Phones are unfortunately one of the items you shouldn’t buy on eBay - except from a seller who is a registered Australian business authorised to sell those phones.

If the price is considerably cheaper than RRP, you need to have your red flag detector on high alert. 

Your seller is well aware that there’s nothing you can do at this point. I’m sorry. I am guessing that your seller is registered overseas - China? There really is nothing you can do. eBay’s Money Back Guarantee has a rigid timeframe - 30 days from the delivery date. PayPal’s Buyer Protection is 180 days from the date of the actual transaction. Your card issuer (usually bank) will have a timeframe as stated in the T&Cs specific to that bank and card – and it won’t be more than 6 months and is probably closer to 2 or 3 months.

I’m truly sorry.

[springyzone]

After 8 months, you're well out of time.

Ebay won't get involved as they are not in the warranty business, plus from all you have said, it would be very hard for ebay to make a decision.

I believe you that Applecare have shown you the non genuine battery.

The problem for ebay is that after 8 months, they have no way to tell if you put in the non genuine battery or if the seller did. And getting staff to wade through all the documentation etc and make a decision would be expensive.

What can they contact the seller about? They can say-the buyer states you sold it with a non genuine battery. The seller would probably just reply-No, it had a genuine battery and was brand new when I posted it.

So back to square one.

You get 30 days on ebay. That is it.  I am not sure what you mean by 90 days.

If you buy something expensive, you probably need to have it checked out thoroughly in that time.

Personally, after reading all the troubles buyers have with phones etc, I am with countess and think these things are better bought off ebay, through a reputable retailer.

[sandypebbles]

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@skiingmann wrote:

Anyone know how to prompt Ebay to look after their customers. I don't see why they will not contact the seller in regards to this type of compliant. 

They do

eBay is all about the buyer

But there are time limits, no excepts 

And after 8 months there is no getting eBay involved 

Was this from the seller in Malaysia of phones who has the horrid feedback?

[*sons_n_daughters*]

I have never owned, and will never own, an iPhone. However, I do know, you will NEVER get a brand new iPhone for $750, anywhere. You need to be more careful with your purchases. Ebay is no longer the place of bargains, and hasn't been for well over 15 years. If something is well under RRP, someone is having a lend of you. Sadly, you've done your dough. Go to a local store and spend the $2,000 you need to pay for a new iPhone. 

[skiingmann]

Thanks for your reply. I use both Apple and Android, I prefer Android. The iPhone I purchased was being sold brand new at the time by Apple for $800, it was an iphone 12 mini. So it wasn't well under priced. Still not a bargain in the end. I know what to do next time if I buy through ebay. Get it checked in the first 2 weeks for genuine condition. 

I might go get a new iPhone SE from Apple for $720. You don't need to spend much for Apple bargains. 

[sugar249]

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@skiingmann wrote:

 I know what to do next time if I buy through ebay. Get it checked in the first 2 weeks for genuine condition. 

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Better still buy it from Apple,  that way you don't have issues.  Or better still buy a real phone,  but if you insist on Apple, buy from Apple.

[skiingmann]

Thanks for your reply. I always check seller feedback before I buy, always. And yes there will always be some disgruntled buyers of which I will be included in now. Their feedback is around 98% positive having sold over 57000 items. 

Still cannot see why ebay wouldn't ask them to at least answer my emails. Been on ebay for over 20 years.  I have a good idea on what I am doing in here. 

[sugar249]

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@skiingmann wrote:

Thanks for your reply. I always check seller feedback before I buy, always. And yes there will always be some disgruntled buyers of which I will be included in now. Their feedback is around 98% positive having sold over 57000 items. 

Still cannot see why ebay wouldn't ask them to at least answer my emails. Been on ebay for over 20 years.  I have a good idea on what I am doing in here. 

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Ah 98% positive still means 2 out of every 100 are not happy,  and if you add to that the neutrals I am guessing they will have (may not),  thats more than 2 out of every hundred,   

Thats not a very good hit rate,   why should Ebay ask them to answer emails months down the track,  and knowing you purchased from a less than ideal seller.