scammed

[2010scrimo]

I purchased a new Iphone SE as a back up phone for when my current phone failed me, purchased November 2018 but ony just decided to start using it, THe new phone was sent to me from a wharehouse in Australia but it turns out that the seller is a Hong Kong based company...

Turns out the phone that was sold to me was made for the American market and was not supposed to be sold in Australia therefor Apple would not honor any warrenty and would not repair the phone, even at my expense ( really poor signal strength to a point where it is on SOS calls most of the time) I contacted the seller and they would not help in any way, contacted Ebay, they also would not offer any help

Fair Trading cant do anythin as the seller is based overseas

I am  left with a brand new unused Iphone that never should have been sold to me here in Australia, its a $300 paperweight.

[sandypebbles]

Did you not want honest responses?

That is what most people here give

If you would like false hope and false promises, phone the eBay call center, they are experts in telling people what they want to hear

Personally, I would rather people be up front and give it to me like it is

[*tippy*toes*]

I don't know what they expect anyone can do after 14 months. If you took something back to any shop after 14 months, 99% would tell you to go away. Any normal person would have opened it at the time. Maybe we should've given a group hug and tell them everything would be OK, then started a go fund me thingy to help them out.

[countessalmirena]

@2010scrimo,

I'm so sorry that you have fallen prey to the old "thought it was an Australian phone" scam.

There isn't any remedy at this point, unfortunately. I can't tell you how many times I have seen posts on these boards from buyers in a similar situation as that which you have described! It can be frustrating for the responders here, because of course no one here likes to see someone in your situation (having bought something not as described, but only trying to seek a remedy too late)... yet there is literally nothing anyone here can do to help.

Please check this link to see my response on these boards to a similar issue. I address it in some detail.

Just briefly...

1. As has already been said, you have 30 days from the date of delivery (or latest estimated delivery date) to report an issue. Once you open the report/case/dispute for the item not being as described, you then have 21 days to
   sort out the problem with the seller (return for full refund, for instance), OR
   if the seller doesn't sort it out (responding within 3 days of the report/case/dispute), escalate the case by asking eBay to step in (must be within 21 days of your opening the report/case/dispute).
   
   • If you don't open the case within that 30 day timeframe, you can no longer open the case, because this is part of the terms and conditions of eBay's Money Back Guarantee.
   • If you don't escalate the case no later than 21 days after opening it (if the issue isn't sorted out by the seller), you can no longer escalate the case and it will automatically time out/close, because this too is part of the terms and conditions of eBay's MBG.
   
   
   
2. If it's too late to open an eBay dispute, you can open a dispute in PayPal, under PayPal Buyer Protection. The T&Cs of PayPal Buyer Protection also include a timeframe, though: you must act within 180 days from the date of purchase.
   Once you've opened the PayPal dispute, if the seller doesn't refund or otherwise resolve the issue, you have no more than 20 days to escalate the dispute to a claim.
   
   • If you don't open the PayPal dispute within 180 days of the date of purchase, you can no longer open the dispute.
   • If you don't escalate the dispute to a claim within 20 days of opening the dispute, you can no longer escalate, and the dispute will automatically time out/close. These timeframes are part of PayPal's Buyer Protection T&Cs.
   
   
3. If it's too late to open a PayPal dispute, it will probably be too late to request a chargeback through your card issuer. I hesitate to even suggest that you check with your bank/card issuer in case, by some chance, it may be possible... because after this length of time (more than a year), I estimate your chances as nix, nil, nada.

The comments here are straightforward; some are blunt. There isn't any sugar-coating, and that can be hard to swallow. However, the information given here is factual, and that's more useful to you than sympathy (even though I do feel very sympathetic, and I'm sorry this has occurred)... There isn't any sort of protection for a bad buying decision that extends for more than a year after purchase. Your credit card provider doesn't protect you after such a long period... PayPal doesn't... eBay doesn't.

However, there IS protection if you use it in time - which can't resolve your current situation, but can help you in case you buy anything else online. Just act within the timeframes, and you will be covered.

REALLY VALID POINTS

• If a new item such as a phone is a lot cheaper on eBay than it is from authorised Australian sellers, you've got to be suspicious.
• For items where a warranty is desirable or necessary, for preference you must buy from either an Australian seller authorised to sell those items.
• If it's not an electronic/electrical item, you can buy from a major overseas store (authorised seller) or from the manufacturing company (the actual "brand", not a factory apparently contracted to manufacture the item. However, be aware that overseas companies do not come under Australian Consumer law, and that if there's a fault, postage to the manufacturer is your responsibility. In most instances, that postage cost would be prohibitive. Consider that well, before you buy.

Further extremely valid points

See my post (in a thread entitled "Ebay seller false advertisement of stock available"  in which I say

❝Phones are one of the most problematic items on eBay, in particular when purchasing from a Chinese seller.

Your seller may well have told you that the phone comes from their "AUS warehouse in MELB", but what they mean by this is the following:❞

I then list the various points / issues of which you should be aware in these cases. (Please read the post.)

BOTTOM LINE

You were scammed - but as hard as it is to hear, you allowed it to happen. (I'm not trying to rub it in and I don't take any pleasure in saying this. I would like to help you become more aware of this sort of purchase issue before it becomes infixable for any of your future purchases.)

To explain...

• You bought a phone that was a lot cheaper than RRP. 🚩⚠ (Red flag, warning sign)
• You bought from a Chinese seller (even though you obviously didn't realise it at the time - you can check this by clicking onto the seller's feedback percentage, which leads to their feedback profile page, which shows country of registration for their account). 🚩⚠ (Red flag, warning sign)
• You didn't check the phone once it arrived. ❌ (Lack of action.)
• You didn't check within 6 months after purchase (the very latest timeframe available for making any sort of claim). ❌ (Lack of action and also lack of awareness, I think. See next point.)
• I don't think you made yourself aware of dispute timeframes for eBay purchases - am I correct? ❌ (Lack of awareness of T&Cs and policy details designed to protect you.)

All of the above means that you were unfortunately complicit in allowing yourself to being taken advantage of.

I hope you can take the information here to prevent anything of this sort from ever happening again. If you ever do have a problem with other eBay purchases, start a new thread on these boards in time for the responders posting here to be able to help you. (That is, for preference no more than 4 weeks after your item should have arrived, and definitely within 6 months of your purchase.) That way, we can talk you through the dispute process if you need help.