EBay Problem: Opinions Please

[A790]

Alright, so I bought a cell phone off of ebay. In the auction description it says that the phone was "tested, but otherwise never used." So, no problems, I bought the phone.

I met with him in person (he lives here in the GTA), we checked out the phone/tested it and everything is great. We exhange cash/phone and off I go.

Later on in the day (about 3 hours later) I find text messages/pictures on the phone that date back to December 18 of 2005. Now, I'm no CSI master, but unless they "tested" a phone for 8 months, it is not new.

So, I messaged him asking for a resolution. Either my money back, or an exhange. However, I actually suspect that he may not know that the phone was used as the phone was looking new when I got it. Packaging/equipment was all in new condition etc. etc.

I've yet to recieve a response from him. Now, the phone works fine and is in good shape, so I'm not exactly angry about the quality. It's more the fact that I believed I was purchasing a new phone, when in reality he sold me a used one.

He also has other phones that I'm interested in, so I'm thinking that perhaps we could swap the used phone he sold me for a new one.

What would you do?

[Zero102]

If there is no wear and tear on the phone itself, what's the big deal?
Did you check the lifetime call timer?

[A790]

Originally posted by Zero102
If there is no wear and tear on the phone itself, what's the big deal?
Did you check the lifetime call timer?

Over 500 text messages sent, and I don't know how to check the lifetimer on this phone.

Besides, I paid for a new phone, not a used one.

It's as if I bought an 06 Civic and was given a demo model when I thought (and was told) that I was getting a new one.

[TEAMFaint]

But its not a civic, its a cellphone.

Yes it kind of sucks that he tried to pull one over your eyes.
However if there is nothin wrong with it..I'd just keep it.

[5hift]

I would be happy the phone works and looks new. If its such a big deal to you that the phone be absolutely brand new and not have ever sent a single text msg, you should pay the full price and get it brand new.

You cant compare buying a brand new civic at full price and getting a demo to this. This is ebay, not a car dealership or some cell phone store. Everyone that buys off ebay does so knowing in exchange for saving money your taking a risk.

[Tik-Tok]

Buyer beware on flEaBay.

If you like it, and feel you paid fairly for it (new or used) I would just give him a bad rating on flEaBay, and explain it in the review.

Otherwise you could go through ebay to get your money back, but it's not worth it, really.

[R!zz0]

Originally posted by Tik-Tok

you could go through ebay to get your money back, but it's not worth it, really.

Can you really do that? If yes, then how so?

[theken]

maybe he had a memory stick from another phone which saved his messages and pictures and he was using the memory stick in this phone. i know when i switched phones it had all my text messages

[samo147]

not worth the hassle IMO
at least the phone works

a long time ago when burners and md's were expensive i bought ones that claimed to work off ebay
and when i got it it was broken...

buyer beware

[FiveFreshFish]

There are some things I'll never buy through eBay. Cell phones fall into this category.

Can you post a link or to the auction you won or an item number?

[RobTheGob]

Originally posted by A790
It's as if I bought an 06 Civic and was given a demo model when I thought (and was told) that I was getting a new one.

If you bought a new Civic on eBay - then I wouldn't be surprised if you ended up with a (well) used KIA.

You should be happy that the phone is not a counterfeit, works properly and you didn't get scammed.

If this is your worst transaction on eBay, then you are doing well...

[Xtrema]

Originally posted by Tik-Tok
Otherwise you could go through ebay to get your money back, but it's not worth it, really.

No you can't. You only get money back for non-delivery after payment. Not mis-representation of product.

And if the transaction is outside of Paypal, they care even less.

Buying cell phone is like that on Ebay. If it's not directly from carrier, assume it's used and bid accordingly. When I bought my phones, I usually make sure the seller has over 10000 feedbacks for a little more assurance.

[A790]

Well, regardless, I contacted him and he said he is more than willing to exhange the phone or refund my money.

I found a different phone that he's selling that I'd like anyway, so I might try for an exchange.

The reason I'm pushing it is because he runs an offline cell phone store, and eBay is his online part of it. He has lots of good feedback, and I can tell he doesn't want any negative feedback.

[Zero102]

Buying a cell phone is nothing like buying a car.
The only thing that may go wrong with a used cell phone is perhaps some of the buttons are already worn out, or it's been dropped in the toilet or something like that. Anything else you can do to it is very obvious.
Buying a used car there are 1000 things that people can break that you will be finding for years to come.
Honestly, if the cell phone looks and works like new then I would be happy. Especially if I payed less than retail price for it.

That said, if the seller is willing to work with you on this one, then I think he deserves a big thumbs up.

[soupey]

if hes got so many phones its possible hes got all the cables and software to do firmware upgrades and resets, which means he mightve used any of his phones for a long time, then just run a full firmware reset to reset everything including the call timer...


usually i'd think that'd clear the text messages too...i didnt think most phones store text messages on teh external memory rather than the internal...but i guess its a possibility.

ive bought my phone off ebay, if your getting a cheap price its expected that some sort of manipulation of the s/w has been done, i bought my phone knowing htat, doesnt bug me, i mean my phone obviously functions jus liek it should, theres no hiccups or anything just because of the sw upgrade, or because it has been used b4....

if its working, keep it, if hes offering an exchange for another phone that u like....i'd expect the same....this time he might delete any text messages left behind so that u cant complain...