Unlocked smart-phone and escalating eBay claim to a PayPal one

[Tuesdayweld65]

I am happy to at last be able to qusetion in the PayPal community after some time of technical site error, yet also thank readers of my post in adavance of any replies I might kindly recieve.

I had purchased an 'unlocked smart-phone' from a reputable and experienced seller on eBay in March 2017 yet immediately encountered issues with my own Sim (worked on the new phone) yet inherent and inbuilt Vodafone apps and processes kept saying that 'no Vodafone Sim detected' on the phone.  I emailed seller about the matter who advised me to contact manufacturer for a network change code (their listing never stated that some Sim cards may not work on this phone or any relevant information regarding Sim issues.   Vodafone said that my phone does not require a code after a lengthy online chat with them, explaining that my new device keeps informing me that (No Vodafone Sim Detected) and established that the issue was to do with choosing a Network - using the Apps already available on the phone. 

I managed to go to the relevant settings and did the relevant changes.  Everything going fine until the last couple of weeks - unable to respond to calls and voicemail number (preinstalled) on the device now not recognised.  I also cannot use the Internet nor do anything other than make calls out on the phone and have not done anything to the phone for this to be occuring.  I had hoped that the issues would resolve naturally and without resetting the phone back to factuary default - advisable and safe for anyone to do this if they experience technical faults and always recommended by sellers and manufacturers in every case - just done this yesterday, yet nothing has altered the problems.

Due to the problems I had contacted seller to explain the situation.  They were dismissive and unhelpful and so opened an eBay case so that I could return the device.  Case closed by eBay because the seller has a 30-day refund policy (despite the fact that the phone is also under a one year warranty) return guarantee.  Should mean that eBay at least determine that I have a case to be disputed and not close it???.  If you are up on consumer law please demonstrate your knowledge - I shall be most grateful.

They said that I need to open a PayPal dispute yet have not been able to do this because of technical issues with the website/or have missed some deadline for a claim - 7 weeks after purchace?.   I have tried very hard to let the seller know that the issues I am having with the phone, like no other I have ever had with any other unlocked mobile device ever in my life, yet they are rude and making me feel like I have no choice but to lose my money spent on it (regardless of personal circumstances) or even exhausting manufacturer's help and support.  The apps/services and processes running on the phone are dominating every possible action and cannot remove them as they are built into the device.  The seller claims that it has nothing to do with the phone itself what the apps and processes do - how on earth can they say this and sell these things with 100% positive feedback?. 

I am very upset and angry and cannot take the matter further without the help of PayPal dispute services I have had to email them and ask them to sort the technical issues so that I can open a case against seller.  The other thing is that seller does not accept used goods and so even if I return them, will not issues any kind of a refund.  It is always the case that I experience business-seller deceipt and/or blame for goods being unfit for purpose stuff on eBay (not on a regular basis) yet at least a few times a year - never and not with individual sellers though.  My buyer rights feel invalidated as things stand right now and again in other similiar situations.

[DPCreations]

Buying a used unlocked phone which was originally locked for specific carrier is extremely risky.  The seller is not a phone expert and would have no specific knowledge about what you could or could not do; that risk on on buyer.

What was the specific nature of the dispute with eBay?

Your next recourse is with PayPal so you'll need to find a way to fully access your PayPal account.

Even if you did, what would you dispute, not as descirbed?  What factual information do you have that the seller described it incorrectly?

If you won you would still have to return it prepaid with tracking.  At that point seller could appeal and claim you altered the phone.

Outcome would be uncertain.

There is a huge risk in purchasing item when the price is so inticing and the risks are so high but ignored.

All you can do is review PayPal policies for buyer/seller protection and follow the specific steps required by PayPal.  You'll only have one chance to get your technical information  all provided when you file the dispute.

[Tuesdayweld65]

I have never heard of the 'specific carrierBuying' term in my whole buying or selling life on eBay and so do not entirely understand what you mean by this statement or risks involved. 

Buyers are told by eBay to look out for business sellers with 100% feedback if buying technical goods.  I am not talking about individual sellers, yet business ones whose seller reputations are of all-important factor.  Please be fully assured that I am an intensively educated person who knows the difference between that of an (occassional business/individual seller) and that of a seasoned business seller who sell their goods fully knowledgeable of consumer law and time-frame of selling conduct that they can and do bypass eBay buyer rights protection once they begin applying complex terms and conditions - 30 day money back guarantee (despite a 12 month goods warranty applied to this return description on their listing). 

[DPCreations]

For example, Virgin Mobile account phones are locked for Virgin Mobil.

In the past phones were programmed (locked) for specific carriers so you couldn't switch to another carrier.  TracFones are for a specific carrier.  There are risks when you unlock a phone so you can use it for a different carrier.

eBay feedback is not reliable as an indication of seller trustworthiness.  Buyers like to inflate feedback so they and seller look good. 

30-day money back guarantee issued by a seller is only as good as the honesty of the seller.  Neither eBay nor PayPal will enforce specific seller policies.  eBay and PayPal will enforce their own published policies to protect their own business models.

[Whac-A-Mole]

Small retail stores sell on both Ebay and AMZN Marketplace to gain exposure outside their local area,just because they have 100% feedback do not mean they have generous return and warranty,

Comeptition is fierce and margin is pathetically low.

When you choose to buy from these sellers ,you must realise you are not buying from an AAPL store or Bestbuy.

Ebay gives you 30 days to open a case,Paypal 180 days,credit card issuer 180 days.

[Tuesdayweld65]

Why has the seller got a 12-month warranty in place and what is the purpose of this alongside a 30-day money back guarantee?.  I get your point about why it is that retailers sell online to maximise sales potential, yet how or why are they selling devices they know to be inherently faulty or with dominant network provider features, buyers are unable to stop or prevent these from hijacking the device.

It matters most about seller integrity to resolve these issues, even if these run over past the 30-day money back thing if there is also a 12-month warranty in place.  The vast majority of sellers are very good and will likely help the buyer, yet certainly not the one I purchased the device from here. 

[DPCreations]

As to the why's you'd need to ask the sellers. 

My guess, though, the reason they do is because they can.  They know that there are buyers who are looking for good deals and just figure that because a seller says so it is honest.  It's because so many buyers will not fight against dishonest retailers and because buyers won't take the time to thoroughly vet online sellers.  Too many new buyers just think all sellers are honest; the buyers haven't been around long enough to know that there are serious risks to online buying from unknown parties.

[Whac-A-Mole]

Once I am stupid enough to hire a guy who left a calling card at my door to install sprinkler system for my lawn,he offers Warranty.

But he used a third party to do the work.

There was a freeze in the winter and the **bleep** thing which is above ground,broke,I called him and ask him to honor his warranty,he said NO,I should have watched TV news,and know a freeze is coming !!

what can I do with him and his warranty?

Nothing,but it is not a big loss,I just replaced the parts and get over it.

go to a reputable store like Bestbuy or Apple store or Office Depot ,buy a brand new one ,mint in box ,you will pay more,but like they said YOU GET WHAT YOU PAY FOR.