what should I do?

[hieric72]

I purchased all in one PC (samsung series 9 27inch) for my pregnant wife.

I wanted to get her a simple large screen touchscreen pc so she could use it with while she is looking after the newborn.

It my my mistake to think this version had touch screen. However, I was misled by this seller because I asked him before the purchase, specifically if this had touch scree, and he replied "Sure it comes with touch screen".

I made the purchase (expensive) and had it delivered.

I had not opened it since we were moving house etc, and when I finally did, I realised it did not have touchscreen.

I asked the seller about this (thinking I wasn't using it properly), but he did not reply. Only after then, I realised this did not have touch screen at all.

Now, the dilema is the ebay customer support doesn't want to do anything since it was purchased several months (3-4) ago, and they suggested I should speak to the police.

The seller is sending me rude/threatening emails now, indicating it was purely my fault that I did not check this before the purchase and does not want to discuss.

I still have the seller's email which clearly said it did have touchscreen. I feel misled. It is unfair, but I am not sure if I should report this to police. I feel angry the seller is not even saying sorry for his lies, but at the same time, don't want to make a big fuss.

What should I do? What is the right thing to do in this situation?

I would be grateful if anyone could give me a good advice.

Thanks

hieric72

[zelly888]

First of all I'm sorry to hear about your situation,also why didn't you claim an item not as described the instant you found out that it wasn't a touch screen version? Looks like the seller was stringing you along that it is now too late to do anything about it.Your best bet is to either keep it or sell it.Also you will need to self report this post as you are not allowed to name and shame on these boards.

[thecatspjs]

Is the seller an Australian business?

If they are (or you think they are - as it is not always clear), you may have recourse via consumer protection and fair trading legislation and you should contact your state governments fair trading department for advice.

[thecatspjs]

OP, via google search I can see that the seller is an Australian business with an ABN according to their website, so definitely contact your State fair trading department for further advice.

Ebay and paypal timeframes serve their purpose and you can not pursue recompense through their processes.

However, consumer legisltation does have more flexible timeframes in relation to consumer protection remedies for misleading advertising or false advice provided to Australian consumers by Australian businesses.

[phorum_junkie*]

While you may have a case I am not sure that you would not be better with a non touch screen PC. the amount you can do without using the keyboard or mouse is very limited and I would imagine it would be much easier to use a wireless keyboard and mouse which can be some distance from the screen. A laptop would also have been a better option, with or without a touchscreen, as it can be placed anywhere and your wife wouldn't be tied to the computer desk while looking after the baby.

[lyndal1838]

I have to ask....is this your first baby?

It is a while since my children were babies....like 40 years ago, and there were no computers around, but I am quite sure I could not have multitasked to the extent of looking after a baby and playing on the computer at that same time.

However, to answer your question....if it was really 3-4 months before you even opened the computer it is a bit rough to expect the seller to do anything.   I can not see that anyone has tried to string you along past the time for any claims...you did that yourself by not even looking at it when it arrived.

[thecatspjs]

Fortunately for us all I think, the Australia Consumer Protection legislation does not operate in ways that consider matters such as if the computer is for a new mother, whether it is their first child etc etc 

If the OP was misled about the goods he was purchasing, and based on the information in this thread it appears that they were, and that the OP actually has this in writing from the registered Australian business, then he has consumer rights, including the right to pursue a replacement or refund for the goods he purchased on the basis they included a touchscreen, and the goods he was sent didn't.