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View Full Version : Bought a "like new" iPhone but received a used one : what to do?


Nierdal
Dec 14th, 2008, 01:36 AM
Hi,

I would like to know if you guys got some advices.

I bought an iPhone via Kijiji. I discussed with the seller via email & MSN about the phone condition.

On three time I asked him what was the phone condition, is there any scratchs on the screen?And on the three time the seller said that the phone was in a perfectly like new condition. So I paid him via Paypal with my credit card.

Then I received the phone and .... it was showing lots of sign of usage and somes scratchs on the screen, one deep 5mm one.

Overall the phone isn't that bad, but definilty not like new. So I asked the seller for a compensation or if I could return the phone. His answers were pretty rude and in all the email we exchanged he never accepted anything. He was acting very condescending, treating me like a child (we are about the same age from his MSN picture) saying that I should not bother him with that. I was very polite in all this but he never accepted to do anything.

I opened a Paypal case but Paypal said that they can't do anything since I did receive the item.

So now my last recourse seem to be VISA. However, I don't know if I should be afraid of any revenge if I ask for a chargeback since the seller is about 250km from me and got my address? After all you never know what people can do?

Another question, can I ask for a chargeback for a not as described item?

czhe
Dec 14th, 2008, 01:49 AM
Um Paypal has a option to complain about item "not as described". Have you tried that?

Nierdal
Dec 14th, 2008, 01:52 AM
Um Paypal has a option to complain about item "not as described". Have you tried that?

Yeah that's but since the seller was not answering the dispute I transformed it to a claim and instantly Paypal send me a message informing me that it was impossible to obtain refund for a not as described item, that this only work when the item was not received.

heat
Dec 14th, 2008, 02:01 AM
Do a chargeback and tell him to come pick up his phone:lol:

mitboi
Dec 14th, 2008, 02:09 AM
did you not ask for photos in advance?

try calling visa for chargebacks asap.. it is to my knowledge that some visa companies don't do chargeback to paypal.

yao416
Dec 14th, 2008, 02:14 AM
do a chargeback. I doubt he'll come to your house and beat you up.

Nierdal
Dec 14th, 2008, 02:49 AM
Wow it's getting worst.

I sent him new pictures and he accused me of sending him false pictures of another iPhone. He said I was trying to scam him and a lot of other accusations

I said him that this was diffamation and that I would not hesitate to take legal recourse if he does that again.

**** he sent me the phone via regular mail without any delivery confirmation and the phone was delivered literally at my doorstep. Any scammer would have claim to have never received the phone and ask a refund. No, I warned him to not do that again and to ask for delivery confirmation next time he sent an expensive item.

Nierdal
Dec 14th, 2008, 02:54 AM
do a chargeback. I doubt he'll come to your house and beat you up.

That's my fear right now. I never meet a guy like this before. Don't know if he got some kind of psychologic problem or something like that.

ah_long
Dec 14th, 2008, 03:02 AM
That's my fear right now. I never meet a guy like this before. Don't know if he got some kind of psychologic problem or something like that.

AFAIK
when you do a chargeback, visa charges paypal..
and paypal will deal with that kid..

i don't see how different it is from doing a claim via paypal..

chris103610
Dec 14th, 2008, 03:24 AM
FOR THE LOVE OF GOD, DO A CHARGE BACK!

AND 2 TELL PAYPAL TO SUCK IT LONG AND HARD, those bastards!

but yeah, just do the charge back.

coolazn
Dec 14th, 2008, 03:31 AM
doesnt that hurt your paypal account?

cant they freeze it or hold it or even take money back that hasnt been transfered to bank?


oh and if you have his number serch it online for his adress or phone the cops and give them the number if he causes any trouble

jstaneon
Dec 14th, 2008, 09:37 AM
honestly, its your own fault. always ask for pictures. the guy wants to sell the phone , so hes not going to tell you that the phone is a bag of crap.

chalk it up as a lesson learned. sorry man :|

Nierdal
Dec 14th, 2008, 09:48 AM
honestly, its your own fault. always ask for pictures. the guy wants to sell the phone , so hes not going to tell you that the phone is a bag of crap.

chalk it up as a lesson learned. sorry man :|

He sent me a picture but it was in the dark and I didn't see the problems on it.

pupazzo
Dec 14th, 2008, 09:53 AM
"Like new" does not mean new, it means used. Learn to read lol

iwantonetoo
Dec 14th, 2008, 10:16 AM
Kijiji sucks, period.

Like above mentioned, LIKE NEW = USED.

You should've insisted of seeing the photos of the actual phone before you make the purchase. So it was your fault partially. You sent the pictures of the phone to the seller regarding the condition yet he blamed it on you. That showed how good a character he is.

I would do a chargeback and say screw that seller, only if they let you which I highly doubt it. On a bright side, you should be thankful he even sent you the phone instead of taking your money and not sending you anything. (If that makes you feel better)

BTW, Kijiji sucks. Oh wait, I already mentioned it, lol. :cheesygri

spf1971
Dec 14th, 2008, 10:22 AM
FOR THE LOVE OF GOD, DO A CHARGE BACK!

AND 2 TELL PAYPAL TO SUCK IT LONG AND HARD, those bastards!

but yeah, just do the charge back.

And how is any of this Paypal's fault?

felix
Dec 14th, 2008, 10:33 AM
doesnt that hurt your paypal account?

cant they freeze it or hold it or even take money back that hasnt been transfered to bank?

I haven't had problems with Paypal chargebacks (not that I had to do many thankfully) and my accounts were never frozen. Just don't abuse it.

Since your seller isn't offering to help, just do a paypal dispute and escalate the claim. If he doesn't respond, do a chargeback dispute with your credit card company. You mentioned your seller shipped with no delivery confirmation, does it have a tracking number on the package? I'm not sure if Paypal refunds for "item not as described" (last I checked they don't, but they keep changing the terms and conditions) but they do for "item not received". If there was no tracking number, then you win the dispute for item not received and you won't need to deal with your credit card company.

Hugh Jass
Dec 14th, 2008, 10:49 AM
If there was no tracking number, then you win the dispute for item not received and you won't need to deal with your credit card company.

If he has already told PP that the phone isn't as described, he can hardly turn around now and claim he never received it :o

Instagator
Dec 14th, 2008, 10:50 AM
Hence why i always to a face to face meet. You inspect the phone and if it's not as "advertise" ***** him out right in front of his face.

I did that once - Some dude tried selling me a phone like "new" condition, when i arrived there he showed me the phone. I looked at it in disgust, the corners were all marked up, the back was a scratch fest, and the screen had a few dings. This is what I said to the kid. Listen you jackass, you made me drive all the way here to see this POS of a phone? this ain't LIKE new. This is a 6 out of 10, AT most on a good day with the lights at dim. Then i turned around and drove off.

Stupid people trying to sell heavily used as NEW.

Nierdal
Dec 14th, 2008, 01:22 PM
Well even if he scammed me I don't want to scam him saying false things to get a refund. I did receive the item after all.

However, and here a little help would be appreciated, I think that I can get a refund with VISA for getting a not as advertised item. But I don't know how.

I got all the logs, email, everything from this guy, he said three time that there was not scratchs and that it was like a mirror. That was very far from been the truth.

And now, when I show him pictures, he said that I made false pics to scam him.

That's my problem here. While I could have let this go at first, getting him saying that I'm a liar is something I can't tolerate. I got a perfect feedback as a buyer and seller on eBay with over 230 transactions. I never screwed anybody online but getting this guy threat me like that is simply too much.

jstaneon
Dec 14th, 2008, 01:42 PM
How much would it cost to get the screen replaced? If its only $50, might be worth it consider all the hassle and stress you will go through to get any kind of refund.

anyways sucks to have to deal with dishonest people. I know how you feel dude.

here's a vid on how to replace the screen. Just did a brief search but looks like its $100-150 to replace the screen :|

http://ca.youtube.com/watch?v=X1z0pw2VK7M

Nierdal
Dec 14th, 2008, 01:45 PM
How much would it cost to get the screen replaced? If its only $50, might be worth it consider all the hassle and stress you will go through to get any kind of refund.

anyways sucks to have to deal with dishonest people. I know how you feel dude.

It's 170 bucks :( Because on the first gen iPhones the glass is sticked to the digitizer and the LCD.

At that price I prefer to keep it like that, and put a screen protector which should help to hide somes scratchs (except the deeps ones) and buy a case. Would cost 10$ on dealextreme.

Still, this guys was dishonest.

Funny thing, when I showed him the pics that he said that they were false he said :
"the scratchs on the one I sent you were not like that"

:eek: :eek: :eek:

So you're basically saying that you knowed that there was scratchs dude...

chrza
Dec 14th, 2008, 01:58 PM
"Like new" does not mean new, it means used. Learn to read lol

Learn to read, the OP said there were scratches on it even after the seller said it was in perfectly like new condition. Scratches on the phone does NOT = "Like New".

"Like New" implies the phone is used but still in the same condition it came when it was in the box.

+1 for a chargeback and do a money request for the postage to send it back to him. That should piss him right off.

chrza
Dec 14th, 2008, 02:03 PM
Well even if he scammed me I don't want to scam him saying false things to get a refund. I did receive the item after all.

However, and here a little help would be appreciated, I think that I can get a refund with VISA for getting a not as advertised item. But I don't know how.

I got all the logs, email, everything from this guy, he said three time that there was not scratchs and that it was like a mirror. That was very far from been the truth.

And now, when I show him pictures, he said that I made false pics to scam him.

That's my problem here. While I could have let this go at first, getting him saying that I'm a liar is something I can't tolerate. I got a perfect feedback as a buyer and seller on eBay with over 230 transactions. I never screwed anybody online but getting this guy threat me like that is simply too much.

Good that you're honest, eventhough this guy is being a douche. I say do a chargeback and rid yourself of the phone. It's not what was advertised, so there's no reason you should have to deal with it. Let him figure out how he wants it sent back to him and make sure he pays for it.

Nierdal
Dec 14th, 2008, 02:19 PM
If anybody that already done a chargeback could help me it would be really appreciated.

PM me if possible.

Because from what I read from the VISA e-promise website they say that I can get a refund for not as described if I ship back the item to the seller. But what if the seller don't want me to ship it back?

jstaneon
Dec 14th, 2008, 02:28 PM
If anybody that already done a chargeback could help me it would be really appreciated.

PM me if possible.

Because from what I read from the VISA e-promise website they say that I can get a refund for not as described if I ship back the item to the seller. But what if the seller don't want me to ship it back?

I think the legal rule of thumb is, once he signs for it or accepts it into his house.....he is deemed to accepted the return. Maybe someone can clarify this?

I had an issue like this, and I told my wife to just leave the package outside where the shipper left it (they did a safe drop). I made sure I got my money back, then I accepted the package and shipped it back to the seller. (this was all done acccording to the Consumer Protection Act).

That fact that you're battling yourself with doing a chargeback speaks of how good a person you are. Kudos to you.....karma will make good on you if things dont work out :)

laptop-tech
Dec 14th, 2008, 02:45 PM
When something is new, its new. If its not new, it could be anything else.

The definition of "like new" varies from person to person, since there's no standard to describe that. One can assume its teh same nas new but just open packageing, or could be almost as new, or close to new, or in great condition, or even just if working order.

OP had a chance to get pictures of it, and even thou he could NOT see the condition (he says the pics were too dark) he ASSUMED the unit was in mint condition, so I dont see why the seller is wrong.

When you buy something online without seeing it and the description says "like new" you CANNOT assume its in any specific condition, as the seller's opinion and yours could be different about what "like new" means.


Imagine the following situation :

I bought some cookies off Ebay and the seller described them as delicious, however I dont like them. Can I get a refund ? They are not as decribed ! Seller told me they had a lime after taste but I cant feel it, so they are not as described !

The product is the same as the seller offered, however the buyer disagrees about the description because his taste/opinion is different than the seller's.

Nierdal
Dec 14th, 2008, 02:47 PM
Imagine the following situation :

I bought some cookies off Ebay and the seller described them as delicious, however I dont like them. Can I get a refund ? They are not as decribed ! Seller told me they had a lime after taste but I cant feel it, so they are not as described !

The product is the same as the seller offered, however the buyer disagrees about the description because his taste/opinion is different than the seller's.

I specifically asked the seller if there was any scratchs on the screen. That question is pretty straithforward I think. He said no, it's mirror like.

Also, using the term "perfectly" like new is pretty clear I think. It's not "kinda" like new, it's perfectly. I understand I saw a pic but I must rely on the seller to know the details about the condition. Any transaction is a little bit based on trust at some point IMO.

chrza
Dec 14th, 2008, 02:54 PM
When something is new, its new. If its not new, it could be anything else.

The definition of "like new" varies from person to person, since there's no standard to describe that. One can assume its teh same nas new but just open packageing, or could be almost as new, or close to new, or in great condition, or even just if working order.

OP had a chance to get pictures of it, and even thou he could NOT see the condition (he says the pics were too dark) he ASSUMED the unit was in mint condition, so I dont see why the seller is wrong.

When you buy something online without seeing it and the description says "like new" you CANNOT assume its in any specific condition, as the seller's opinion and yours could be different about what "like new" means.


Imagine the following situation :

I bought some cookies off Ebay and the seller described them as delicious, however I dont like them. Can I get a refund ? They are not as decribed ! Seller told me they had a lime after taste but I cant feel it, so they are not as described !

The product is the same as the seller offered, however the buyer disagrees about the description because his taste/opinion is different than the seller's.

Horrible analogy, btw.

"Like New" means exactly what the words imply. There should be no varying definitions. It is just like it was when it was new, eventhough is has been used. The seller even went further to claim it is in PERFECTLY LIKE NEW condition. That should throw any possible varying definitions out the window.

And if you want to list something as LIKE NEW eventhough is has a couple flaws, you should note them.

Seller is clearly at fault here. Coulda avoided this complication just being honest.

Nierdal
Dec 14th, 2008, 03:07 PM
FYI, I also offered to ship back the phone to the seller at my expense if he would accept to refund me.

That was the best solution that any honest person would normally have accepted I think. (he refused)

13sundin
Dec 14th, 2008, 03:11 PM
ask for pictures, always.

dreamwalker
Dec 14th, 2008, 03:14 PM
Chargeback. Now.

You will, in the following weeks and months, regret not doing this everytime you look at your phone (which is something we use constantly)

Nierdal
Dec 14th, 2008, 03:30 PM
Chargeback. Now.

If you (or anybody) got some experience in chageback I would really appreciate that you PM me. Because honestly I don't know what to say to VISA. I suppose they will ask me why I want to chargeback because normally it's supposed to be for unauthorized transaction only?

dreamwalker
Dec 14th, 2008, 04:27 PM
Just explain to them the situation; and that you are shipping the product back to the seller -- they will understand.

Nierdal
Dec 14th, 2008, 05:00 PM
A little thought:

Let say the seller refuse to refund when he receive the phone, the worst he can get is his Paypal account froze, but overall he got the phone and the money?

He just need to create a new Paypal account and he's good as new.


Yes I'm refunded by VISA but overall I offered him a big gift.

IronMac
Dec 14th, 2008, 05:06 PM
A little thought:

Let say the seller refuse to refund when he receive the phone, the worst he can get is his Paypal account froze, but overall he got the phone and the money?


Don't you know where he lives?

UrbanPoet
Dec 14th, 2008, 05:06 PM
Like new could also mean 'used for a short period of time'.

Nierdal
Dec 14th, 2008, 05:11 PM
Like new could also mean 'used for a short period of time'.

Previous replies :


On three time I asked him what was the phone condition, is there any scratchs on the screen?And on the three time the seller said that the phone was in a perfectly like new condition


I specifically asked the seller if there was any scratchs on the screen. That question is pretty straithforward I think. He said no, it's mirror like.

Nierdal
Dec 14th, 2008, 05:13 PM
Don't you know where he lives?

Yes, got all infos, why?.

IronMac
Dec 14th, 2008, 05:15 PM
Yes, got all infos, why?.

Don't you think he might be doing the same thing as you are? Cringing at home worried that some nutjob is going to come for him? ;)

Do the chargeback!!!

chrza
Dec 14th, 2008, 06:46 PM
Like new could also mean 'used for a short period of time'.

Again, Like New means it's LIKE New. You can use something for a long time and it can be in Like New condition if you took real good care of it.

Nierdal
Dec 14th, 2008, 07:43 PM
Here's my final email I'm sending him after contacting VISA (translated from french):



Good evening,

I contacted Visa and here's how it will work:

I'll return the phone to your address. I do not need the agreement of the seller to return the item, I just need a proof that I shipped it to your address.


I will fax theses informations to VISA.

At this time there are three possibilities:

* You accept delivery and good faith you refund me

* You accept delivery and you do not reimburse me, VISA take money from Paypal and Paypal suspend your account.

* You refuse delivery and you do not reimburse me, VISA take money from Paypal and Paypal suspend your account.


From my side I must assume the cost of shipping but it is a lesser evil. (approx. $ 9)

You can do whatever you want with the phone, you'll see it was very well treated and is in the exact same condition that I have received it. You'll even see by yourself that the serial is the same as the one you shipped me and that your accusations that my pictures were fake were falses.

In all cases, regardless of the outcome of your decision. I'm going to get a refund and the satisfaction of having this problem solved in a very honorable and honest way by sending you back the phone, something that many buyers would not have even bother with. (They could have claim that they did not allowed the transaction to obtain reimbursement).

Greetings

What do you think about it?

trixstar
Dec 14th, 2008, 08:22 PM
Here's my final email I'm sending him after contacting VISA (translated from french):





What do you think about it?



that's great.. your not acting like a child he was.. shows him who's boss haha... awesome.. you should disconnect some few wires on his phone and ship it back =p.

goJays
Dec 14th, 2008, 08:22 PM
u need to QQ (cry more) /thread

dreamwalker
Dec 14th, 2008, 08:59 PM
u need to QQ (cry more) /thread

gg trolls

Anyway, sounds like a good e-mail OP. A bit more polite than how I would phrase it, but I'm pretty sure it will work http://www.rage3d.com/board/images/smilies/tup.gif

laptop-tech
Dec 14th, 2008, 09:45 PM
I love how everyone is yelling "do a chargeback, now!" like it is that easy and meant to be used anytime one feels like doing so.

I'm not doubting the OP, but if chargebacks had that purpose, what would stop one from buying a brand new, sealed Iphone, opening the box and intentionally scratching it with sandpaper, then calling VISA to demand a chargeback based on the fact that you have a "scratched unit" ? Better yet, let me buy another TREO (I currently use one) brand new on Ebay, then I will replace mine and call VISA to report that the item sent to me is old and scratched.

Kasakato
Dec 14th, 2008, 09:54 PM
I love how everyone is yelling "do a chargeback, now!" like it is that easy and meant to be used anytime one feels like doing so.

I'm not doubting the OP, but if chargebacks had that purpose, what would stop one from buying a brand new, sealed Iphone, opening the box and intentionally scratching it with sandpaper, then calling VISA to demand a chargeback based on the fact that you have a "scratched unit" ? Better yet, let me buy another TREO (I currently use one) brand new on Ebay, then I will replace mine and call VISA to report that the item sent to me is old and scratched.

Because that would be illegal.

laptop-tech
Dec 14th, 2008, 09:59 PM
Because that would be illegal.

and when the OP calls Visa to request the chargeback, how will they know if he is telling the truth ? Not saying is the case here, but imagine if the seller sent a "like new" phone and the OP wants to return his old Iphone saying he got this "like new" units and it has scratches. How would Visa know who is telling the truth ?

Thats my point. People here are yelling "do a chargeback" like all it takes is a phone call and thats it.

Kasakato
Dec 14th, 2008, 10:01 PM
and when the OP calls Visa to request the chargeback, how will they know if he is telling the truth ? Not saying is the case here, but imagine if the seller sent a "like new" phone and the OP wants to return his old Iphone saying he got this "like new" units and it has scratches. How would Visa know who is telling the truth ?

Thats my point. People here are yelling "do a chargeback" like all it takes is a phone call and thats it.

Its up to Visa to investigate. One of my former teachers is an ex-Visa charge back investigator. They do indeed look into the story and attempt to verify it.

Nierdal
Dec 14th, 2008, 10:10 PM
and when the OP calls Visa to request the chargeback, how will they know if he is telling the truth ? Not saying is the case here, but imagine if the seller sent a "like new" phone and the OP wants to return his old Iphone saying he got this "like new" units and it has scratches. How would Visa know who is telling the truth ?

Thats my point. People here are yelling "do a chargeback" like all it takes is a phone call and thats it.


Hi,

You got a valid point and IMO I think VISA look at your credit history and if you does this too often they'll pull out the plug. In my situation I've never done a chargeback before on over 700 Paypal transactions so it's not like if I were abusing the system. At this point it's a matter of trust and statistics.

On the other end, the seller could also not refund Paypal and keep the Iphone. So he got a free iPhone and at worst his paypal account his froze but he don't care. Another kind of abuse...

lil_azn
Dec 15th, 2008, 12:38 AM
Hi,

You got a valid point and IMO I think VISA look at your credit history and if you does this too often they'll pull out the plug. In my situation I've never done a chargeback before on over 700 Paypal transactions so it's not like if I were abusing the system. At this point it's a matter of trust and statistics.

On the other end, the seller could also not refund Paypal and keep the Iphone. So he got a free iPhone and at worst his paypal account his froze but he don't care. Another kind of abuse...

Tiens nous au courrrant de cette affaire. Ca m'intrigue beaucoup, surtout que il y a une partie tierce qu'est Paypal. J'aimerai bien voir comment Visa et PP "travail" ensemble (dans l'éventualité ou effectivement il y a cooperation)

Bonne chance Gdluck:)

boyoflondon
Dec 15th, 2008, 12:57 AM
Its up to Visa to investigate. One of my former teachers is an ex-Visa charge back investigator. They do indeed look into the story and attempt to verify it.


They will NOT do a charge back!


OP authorized the transaction so VISA will have/want nothing to do with it. If the transaction was unauthorized, or authorized for a wrong amount, VISA would accept the claim ... Otherwise, OP is pretty much SOL especially considering PayPal is useless when it comes to a claim like this. Had the same thing happen to me!

Nierdal
Dec 15th, 2008, 01:20 AM
They will NOT do a charge back!


OP authorized the transaction so VISA will have/want nothing to do with it. If the transaction was unauthorized, or authorized for a wrong amount, VISA would accept the claim ... Otherwise, OP is pretty much SOL especially considering PayPal is useless when it comes to a claim like this. Had the same thing happen to me!

Paypal IS useless in all this. They only act as a intermediate. However, luckily VISA got this :

http://www.visa.ca/en/personal/securewithvisa/epromise.cfm


The purchased item has not been received or the cardholder can prove that the item is different from what was ordered and has been returned to the merchant.

Kasakato
Dec 15th, 2008, 01:26 AM
They will NOT do a charge back!


OP authorized the transaction so VISA will have/want nothing to do with it. If the transaction was unauthorized, or authorized for a wrong amount, VISA would accept the claim ... Otherwise, OP is pretty much SOL especially considering PayPal is useless when it comes to a claim like this. Had the same thing happen to me!

Visa does more than protect you from unauthorized use of your CC these days.

Nierdal
Dec 15th, 2008, 01:37 AM
Tiens nous au courrrant de cette affaire. Ca m'intrigue beaucoup, surtout que il y a une partie tierce qu'est Paypal. J'aimerai bien voir comment Visa et PP "travail" ensemble (dans l'éventualité ou effectivement il y a cooperation)

Bonne chance Gdluck:)

Pas de trouble. Le pire là-dedans c'est qu'avec un peu de bonne volonté ça aurait été très très simple à solutionner. En 7 ans de transactions internet je n'ai jamais vu ça.

laptop-tech
Dec 15th, 2008, 09:52 AM
Tiens nous au courrrant de cette affaire. Ca m'intrigue beaucoup, surtout que il y a une partie tierce qu'est Paypal. J'aimerai bien voir comment Visa et PP "travail" ensemble (dans l'éventualité ou effectivement il y a cooperation)

Bonne chance Gdluck:)


Eu tambem quero ver o que vai acontecer, mas nao sei se o Paypal vai ajudar em qualquer coisa. Boa sorte de qualquer forma.

ullyeus
Dec 15th, 2008, 10:27 AM
When something is new, its new. If its not new, it could be anything else.

The definition of "like new" varies from person to person, since there's no standard to describe that. One can assume its teh same nas new but just open packageing, or could be almost as new, or close to new, or in great condition, or even just if working order.

OP had a chance to get pictures of it, and even thou he could NOT see the condition (he says the pics were too dark) he ASSUMED the unit was in mint condition, so I dont see why the seller is wrong.

When you buy something online without seeing it and the description says "like new" you CANNOT assume its in any specific condition, as the seller's opinion and yours could be different about what "like new" means.


Imagine the following situation :

I bought some cookies off Ebay and the seller described them as delicious, however I dont like them. Can I get a refund ? They are not as decribed ! Seller told me they had a lime after taste but I cant feel it, so they are not as described !

The product is the same as the seller offered, however the buyer disagrees about the description because his taste/opinion is different than the seller's.


I'll diagree, it's not relative and "like new" means just that..."like new"

Nierdal
Dec 15th, 2008, 02:39 PM
I'll diagree, it's not relative and "like new" means just that..."like new"

Well guys, just a little update from today news :

I opened the case with VISA officially, and the CSR (which was VERY comprehensive) said that no problem, I can ship it back and as long I got a proof of shipment It's ok.

Interesting thing, the seller got 14 days to refund me from the moment he got the phone back, after that it's a chargeback.

I sent my email to the seller and he didn't bother to reply.

Finally, I carefully packaged everything (VERY carefully, much much better than the seller original packaging) and took lots of picture of the process.

noodlesalad
Dec 15th, 2008, 03:03 PM
glad it worked out for you ..

radeonboy
Dec 15th, 2008, 03:07 PM
like new means used but still you gotta be careful any site and get proper pictures, not pictures in the dark.

i hope it works out for you because that guys seems like an arse.

MrDisco
Dec 15th, 2008, 03:12 PM
I can ship it back and as long I got a proof of shipment It's ok.


Just make sure you use a service like Xpresspost to get a tracking # and confirmation of delivery.

Broseph
Dec 15th, 2008, 03:23 PM
"Like new" does not mean new, it means used. Learn to read lol
.

Also learn not to purchase used goods and expect it to be "like new"

If I was the seller I'd do the same to you. Not send pictures and lie expecting some sucker to buy it.

Nierdal
Dec 15th, 2008, 03:34 PM
Just make sure you use a service like Xpresspost to get a tracking # and confirmation of delivery.

Yes I choosed XpressPost with signature, delivery confirmation, no safe drop, and full insurance.

hightech
Dec 15th, 2008, 03:35 PM
You can try different options but I suspect you may be screwed. The issue is that that you got a different item, the issue is the condition of the item is not as described. taking pictures may be hard in that the seller can suggest that the damage came during shipping or you did it.

In the end, I hope it works out well for you because it is sad to see this type of stuff happening.

It is for these reasons that whenever I sell or buy stuff off of Kijiji or Craigslist, I meet with the person and see the item fully then exchange $$.

Nierdal
Dec 15th, 2008, 03:40 PM
.

Also learn not to purchase used goods and expect it to be "like new"

If I was the seller I'd do the same to you. Not send pictures and lie expecting some sucker to buy it.

Well I purchased tons of thing off eBay in like new condition and always got satisfaction.

I trusted the seller a little too much this time because of this.


You can try different options but I suspect you may be screwed. The issue is that that you got a different item, the issue is the condition of the item is not as described. taking pictures may be hard in that the seller can suggest that the damage came during shipping or you did it. $$.

The VISA CSR said this was a valid request because it is different (it was supposed to be like new and is used), so I'm pretty sure it will be ok.

hightech
Dec 15th, 2008, 03:49 PM
Well I purchased tons of thing off eBay in like new condition and always got satisfaction.

I trusted the seller a little too much this time because of this.




The VISA CSR said this was a valid request because it is different (it was supposed to be like new and is used), so I'm pretty sure it will be ok.

Please keep us posted on this and I hope that everything works out well for you.

Emancipated
Dec 15th, 2008, 04:03 PM
Grow a pair and demand your money back. People who want to sell off busted up crap will always describe their products as favourable as possible. I bought a laptop off some guy here a year a go and he neglected to tell me the power cord is broken and a few keys were not working. When I confronted him about it, he played dumb and tried denying the problems were there.

My only mistake was I made a cash transaction. Had it been Paypal, he wouldn't have received a dime from me. Scammers like him can rot in hell.

Nierdal
Dec 15th, 2008, 04:03 PM
Please keep us posted on this and I hope that everything works out well for you.

Me too ;)

What suck more in all this is that this was supposed to be a gift to replace my girlfriend broken Ipod. If you've got a gf, you know that giving her a gift that's not in good condition is not a good idea.

Now I must find another one in a hurry...

Nierdal
Dec 16th, 2008, 01:26 PM
Update :

The seller said he refused the delivery. Which mean CanadaPost will return the item back to me at my expense.

And I confirmed with VISA that if the seller refuse the shipment, the buyer win. (because it's suspicious to refuse a shipment)

The seller also acted like a jerk again in his messages saying that I was trying to scam him by sending him a different phone .... a story that make no sense since the phone I sent back got the same serial no on the back and in the read-only part of the bios that the one he sent me. (and remember he said he refused the shipment so he never saw it) Then I confronted him on these facts and he basically said "f-u I'm ignoring you"


So....
What should I do now. I will be refunded by VISA and I'll be out of about 30$ in shipping fees but I'll still keep the iPhone.

Should I feel guilty to keep the phone? Should I ask the seller if he want me to ship it back again (but he must refund me all shipping fees).

NDman
Dec 16th, 2008, 01:37 PM
You've done all you could in a civil manner. If VISA closes the case in your favour, just leave it at that and do whatever you want with the phone. I wouldn't feel bad in any way keeping the phone if I were you

chrza
Dec 16th, 2008, 01:38 PM
Update :

The seller said he refused the delivery. Which mean CanadaPost will return the item back to me at my expense.

And I confirmed with VISA that if the seller refuse the shipment, the buyer win. (because it's suspicious to refuse a shipment)

The seller also acted like a jerk again in his messages saying that I was trying to scam him by sending him a different phone .... a story that make no sense since the phone I sent back got the same serial no on the back and in the read-only part of the bios that the one he sent me. (and remember he said he refused the shipment so he never saw it) Then I confronted him on these facts and he basically said "f-u I'm ignoring you"


So....
What should I do now. I will be refunded by VISA and I'll be out of about 30$ in shipping fees but I'll still keep the iPhone.

Should I feel guilty to keep the phone? Should I ask the seller if he want me to ship it back again (but he must refund me all shipping fees).

I wouldn't feel guilty at all at this point. You let him know if he wants it back that he pays for the $30 in shipping PLUS the postage to send it back again. I might even make him pay by Money Order too. He'll probably try to do a chargeback to you if he pays by Paypal.

This guy is seriously ********. He'll probably contact you when the chargeback goes through. If he's stupid enough to ruin his credit rating by not paying Paypal back the money, then I definitely wouldn't even worry about sending the phone back.

eightyeight
Dec 16th, 2008, 01:40 PM
So....
What should I do now. I will be refunded by VISA and I'll be out of about 30$ in shipping fees but I'll still keep the iPhone.

Should I feel guilty to keep the phone? Should I ask the seller if he want me to ship it back again (but he must refund me all shipping fees).

Yes, definitely send him one last email with that very ultimatum.

Pay for all shipping fees and get your phone back, or ignore me and I keep the phone.

And don't feel guilty. In fact, you should sell the used iPhone and use the money towards an actual new iphone, like the one you should have gotten before all this mess began.

Stupid people are stupid.
There's nothing more you can do here.

Nierdal
Dec 16th, 2008, 02:14 PM
I might even make him pay by Money Order too.



You bet, in fact it will be by COD and will cost him 52$ (30$ + 15$ + 7$ COD)
I'm pretty sure he will refuse however. He likes to play the victim to make me feel bad about all this.


I just hope he won't come back to me after since he got my address.

user01
Dec 16th, 2008, 04:14 PM
Chargeback with Visa and keep us updated!!!! :lol::lol::lol::lol:

NDman
Dec 16th, 2008, 04:29 PM
Chargeback with Visa and keep us updated!!!! :lol::lol::lol::lol:

Or try actually reading the whole thread

NiMSo
Dec 16th, 2008, 04:52 PM
Quoted from the Kijiji website:

"Remember to trade locally and transact in-person to reduce the risk that your transaction will "go bad"."

Always, always, always do your deals in person!!! It really helps avoid situations like this.

chrza
Dec 16th, 2008, 05:31 PM
You bet, in fact it will be by COD and will cost him 52$ (30$ + 15$ + 7$ COD)
I'm pretty sure he will refuse however. He likes to play the victim to make me feel bad about all this.


I just hope he won't come back to me after since he got my address.

Good. I doubt he'll be dumb enough to come after you, cause remember, you have his info too. If anything happens to you, he's gonna be first on the list of people to be looking after. I'm willing to bet he has his money in his bank account by now and he's probably going to be in a tiff with Paypal where they'll probably end up sending collections after him, which he won't pay, i'm sure and his credit will be marred.

Nierdal
Dec 16th, 2008, 07:08 PM
Quoted from the Kijiji website:

"Remember to trade locally and transact in-person to reduce the risk that your transaction will "go bad"."

Always, always, always do your deals in person!!! It really helps avoid situations like this.

If you live in a big city like Toronto it's not a problem, but in a smaller one like Quebec there's proportionnaly a LOT less things FS.

At some point, I must deal online. But I'll never do that again outside eBay with a trusted seller.

dreamwalker
Dec 16th, 2008, 07:41 PM
Good on you, OP.

Sell the iPhone yourself, reap the cash, scammers like that deserve to be out of money.

lil_azn
Dec 16th, 2008, 08:59 PM
If you live in a big city like Toronto it's not a problem, but in a smaller one like Quebec there's proportionnaly a LOT less things FS.

At some point, I must deal online. But I'll never do that again outside eBay with a trusted seller.

So, Visa has given a verdict on your case or not yet? Tu n'as vraiment pas de raison de te sentir coupable dans tout cela, un "trou de cul" comme ca mérite bien son sort. (prenant pour acquis que le sort se realise!).

Nierdal
Dec 16th, 2008, 09:10 PM
So, Visa has given a verdict on your case or not yet? Tu n'as vraiment pas de raison de te sentir coupable dans tout cela, un "trou de cul" comme ca mérite bien son sort. (prenant pour acquis que le sort se realise!).

Well right now I've got a problem with my CanadaPost tracking. It isn't updating.... stuck at "Item processed at postal facility".

Concerning VISA, the seller got 14 days to refund me, after that I'm refunded as long I can proove I tried to ship it back.

chrza
Dec 16th, 2008, 09:14 PM
Well right now I've got a problem with my CanadaPost tracking. It isn't updating.... stuck at "Item processed at postal facility".

Concerning VISA, the seller got 14 days to refund me, after that I'm refunded as long I can proove I tried to ship it back.

Unfortunately CP's tracking system is garbage. It should update at some point.

perplexed_one
Dec 16th, 2008, 10:33 PM
that's karma for ya.

good job OP, for sticking up to scammers and paypal. oh as for the whole creepy dude that will come after you thing, type in his full name on facebook and see who you're dealing with. Hopefully he'll look sane enuf not to do something stupid.

Nierdal
Dec 17th, 2008, 03:26 AM
I was thinking about it and I've got an interesting idea of a condition to return him the phone :

I'll ask for an apologies letter describing how bad he behaviored signed from his hand sent to me on real paper.

Would be priceless :)

MrBrown
Dec 17th, 2008, 09:39 AM
sell the iphone. Send the seller a link to the iphone and this thread.

Nierdal
Dec 17th, 2008, 01:06 PM
sell the iphone. Send the seller a link to the iphone and this thread.


I sent a email to the seller saying that I could return the phone after VISA refunded me as long as he refund me all the shipping fees.

Well, I was certainly not hopping for a great reaction, but not that much :

That ass**** started to insult me (and my girlfriend !!!) with things that I can't event say on RFD so vulgarious it is.

So F him, He crossed the border way to far this time.

Brandon
Dec 17th, 2008, 01:09 PM
I sent a email to the seller saying that I could return the phone after VISA refunded me as long as he refund me all the shipping fees.

Well, I was certaintly not hopping for a great reaction, but not that much :

That ass**** started to insult me (and my girlfriend !!!) with things that I can't event say on RFD so vulgarious it is.

So F him, He crossed the border way to far this time.

At this point just keep the phone. It's his fault he didn't think rationally at your offer to give it back to him. Now you can sell it yourself, add the profits to the refunded money, and you can get your GF a brand new iPhone. :)

perplexed_one
Dec 17th, 2008, 01:36 PM
I sent a email to the seller saying that I could return the phone after VISA refunded me as long as he refund me all the shipping fees.

Well, I was certainly not hopping for a great reaction, but not that much :

That ass**** started to insult me (and my girlfriend !!!) with things that I can't event say on RFD so vulgarious it is.

So F him, He crossed the border way to far this time.

hmm, very immature on his part. I advise you not escalate this into a war of words, because it could get ugly, some people these days are psychopaths.

Nierdal
Dec 17th, 2008, 01:39 PM
hmm, very immature on his part. I advise you not escalate this into a war of words, because it could get ugly, some people these days are psychopaths.

Yeah at this point I don't answer him anymore.

Nierdal
Dec 18th, 2008, 03:18 PM
Bad news : the tracking no hasn't updated since monday so I called CanadaPost (and with their strike it's pretty hard to talk to someone) and they lost trace of the package when it got outside the sortation facility...

I opened a case with them.. they should reply back in 5 days but with the strike nothing is sure.

I'm really out of luck....

CrazeeV
Dec 18th, 2008, 03:31 PM
that sucks

CNeufeld
Dec 18th, 2008, 03:48 PM
Bad news : the tracking no hasn't updated since monday so I called CanadaPost (and with their strike it's pretty hard to talk to someone) and they lost trace of the package when it got outside the sortation facility...

I opened a case with them.. they should reply back in 5 days but with the strike nothing is sure.

I'm really out of luck....

But on the plus side, since you insured the package (right?) CanadaPost owes you the insured amount if they can't find it. So between the chargeback amount and the CanadaPost amount, you'll be set for a new phone. Just not in time for Christmas. :(

Clint

Nierdal
Dec 18th, 2008, 03:50 PM
But on the plus side, since you insured the package (right?) CanadaPost owes you the insured amount if they can't find it. So between the chargeback amount and the CanadaPost amount, you'll be set for a new phone. Just not in time for Christmas. :(

Clint

Yeah it was fully insured (god thanks I was not cheap and insured it!)

perplexed_one
Dec 18th, 2008, 04:25 PM
Bad news : the tracking no hasn't updated since monday so I called CanadaPost (and with their strike it's pretty hard to talk to someone) and they lost trace of the package when it got outside the sortation facility...

I opened a case with them.. they should reply back in 5 days but with the strike nothing is sure.

I'm really out of luck....

probably the guy handling it knew what was inside and swiped it.

Nierdal
Dec 18th, 2008, 05:02 PM
probably the guy handling it knew what was inside and swiped it.

It was in a brown box with not hint at all.

What suck right now is that I'm supposed to give VISA the tracking no in about 10 days showing that it was delivered.

Anyway, I'll wait for the CanadaPost answer next week and call back VISA to see if than can extend the delay.

---------
On a brighter note, I bought a new Iphone today from FIDO and cancelled the contract immediatly. Cost way more, but at least I'm sure it's ok.

iDrewx
Dec 18th, 2008, 05:08 PM
wow I read through the whole thread! This is really interesting, I feel like im watching some show with these exciting events happening!

What will happen next!

"In the next weeks show! Will Nierdal get his tracking number from Canada Post? or will bad luck strike him again?"


but seriously good job bro! I hope you get this all sorted out!

hardcandy1911
Dec 18th, 2008, 05:26 PM
OP, good for you.

You've just used up your last lifeline on an IPhone which you were ultimately gonna end up keeping anyways if the seller wasn't a douche over e emails. Im sure if he decided to refund you a few bucks you'd be OK with it. But no.

Now, when someone really sticks it to you from behind you'll be out more than you thought! I spent 10 minutes reading a story of someone waiting for 25 people to agree on the charge back theory just so the OP can go ahead with it.

Karma, now ur stuck with Canada post and the tracking.

Now u got your money, the iphone and an angry seller who might get his credit ruined because you valued the opinions of the fellow RFD'ers in here. You think people in here are all saints? LOL u screwed someone's credit and I wouldn't be surprised if he spent a few bucks to drive to your house.

I know I would if my entire life would be ruined over a picky assh0le.

Nierdal
Dec 18th, 2008, 05:58 PM
Karma, now ur stuck with Canada post and the tracking.

Now u got your money, the iphone and an angry seller who might get his credit ruined because you valued the opinions of the fellow RFD'ers in here. You think people in here are all saints? LOL u screwed someone's credit and I wouldn't be surprised if he spent a few bucks to drive to your house.




In fact, he won't even have his credit screwed. The worst that can happen to him is to get his paypal account suspended until he refund paypal which he probably won't do.

Now, I haven't got a cent back right now. I offered the seller to send him back his phone even when I'll got my money back. I can't do any better than this. The guy said he woud refuse the delivery even If I shipped it back to him (in less than polite words).

chrza
Dec 18th, 2008, 06:26 PM
Bad news : the tracking no hasn't updated since monday so I called CanadaPost (and with their strike it's pretty hard to talk to someone) and they lost trace of the package when it got outside the sortation facility...

I opened a case with them.. they should reply back in 5 days but with the strike nothing is sure.

I'm really out of luck....

Nah, like I said earlier. Their tracking system is junk. Packages don't get lost, really. It's so rare, in my experience. I'd expect it to turn up.

chrza
Dec 18th, 2008, 06:27 PM
probably the guy handling it knew what was inside and swiped it.

He must've had x-ray vision or something. Or maybe he was a visionary.

chrza
Dec 18th, 2008, 06:32 PM
OP, good for you.

You've just used up your last lifeline on an IPhone which you were ultimately gonna end up keeping anyways if the seller wasn't a douche over e emails. Im sure if he decided to refund you a few bucks you'd be OK with it. But no.

Now, when someone really sticks it to you from behind you'll be out more than you thought! I spent 10 minutes reading a story of someone waiting for 25 people to agree on the charge back theory just so the OP can go ahead with it.

Karma, now ur stuck with Canada post and the tracking.

Now u got your money, the iphone and an angry seller who might get his credit ruined because you valued the opinions of the fellow RFD'ers in here. You think people in here are all saints? LOL u screwed someone's credit and I wouldn't be surprised if he spent a few bucks to drive to your house.

I know I would if my entire life would be ruined over a picky assh0le.

Haha, I guess some people just like to be controversial...

The seller CLEARLY brought this upon himself. There's not really much room to argue otherwise, let alone being so much on the seller's side that you think the OP is being a "picky a-hole".

As stated before, "Like-New" means LIKE NEW. Not LIKE USED WITH SCRATCHES. Anyways, it just sounds like you want to argue rather than have an actual opinion.

perplexed_one
Dec 18th, 2008, 06:38 PM
He must've had x-ray vision or something. Or maybe he was a visionary.

or maybe it looked the right size, shook it, weighed it, then ripped it open, if it was nothing valuable probably repackaged it or discard it.

Nierdal
Dec 18th, 2008, 06:51 PM
I seriously suspect that the guy got some kind of disorder*. His answers don't make any sense and I can't think that someone in the mid thirties would make such childish answers.

That's why I must be cautious. If I get the phone back and get the refund from VISA I seriously think that I'll try to find one way or another to refund him a fair amount to avoid problems.

* : Because of my work I often work with people with mental disorders and I respect them a lot and most of them are honest people, I'm not discrediting them, it's just this particular guy.

chrza
Dec 18th, 2008, 07:24 PM
or maybe it looked the right size, shook it, weighed it, then ripped it open, if it was nothing valuable probably repackaged it or discard it.

There could be a lot of things in a box that weighs the same as an iPhone. You'd be wasting a lot of time ripping open packages hoping for an iPhone.

None the less, the package carrier would have to explain why a package with tracking went missing on their clock. Would be pretty stupid risking your job/being charged all for a free iPhone.

Packages VERY rarely get lost, it's even more rare that it's a case of mail theft by the a package handler.

chrza
Dec 18th, 2008, 07:40 PM
I seriously suspect that the guy got some kind of disorder*. His answers don't make any sense and I can't think that someone in the mid thirties would make such childish answers.

That's why I must be cautious. If I get the phone back and get the refund from VISA I seriously think that I'll try to find one way or another to refund him a fair amount to avoid problems.

* : Because of my work I often work with people with mental disorders and I respect them a lot and most of them are honest people, I'm not discrediting them, it's just this particular guy.

Dude, avoid any problems by avoiding this guy. He can't be reasoned with, obviously. I doubt he would understand even if you did give him back some of the money. He'd still persecute you. As well, it might look bad if you're sending him money again after VISA gave you a chargeback.

Nierdal
Dec 18th, 2008, 09:23 PM
Dude, avoid any problems by avoiding this guy. He can't be reasoned with, obviously. I doubt he would understand even if you did give him back some of the money. He'd still persecute you. As well, it might look bad if you're sending him money again after VISA gave you a chargeback.


Make sense. With some people logic just can't be used. I do want to be fair & honest with this guy but I think his problems are way more complicated than just this dispute.

chrza
Dec 18th, 2008, 11:52 PM
Make sense. With some people logic just can't be used. I do want to be fair & honest with this guy but I think his problems are way more complicated than just this dispute.

I think you've already been MORE than fair. And unfortunately, if he does have problems, those problems are his problems.

dreamwalker
Dec 24th, 2008, 09:16 AM
Updates?

Nierdal
Dec 24th, 2008, 10:23 AM
Updates?

The package is still undelivered.

I called CanadaPost three times and they said that they could not do much until their strike end. The CSR said that the package was delayed and supposed to be delivered yesterday but still nothing.

I'll call again today since the strike is over.

lil_azn
Dec 27th, 2008, 11:43 PM
Updates2?

Nierdal
Dec 27th, 2008, 11:48 PM
Updates2?


I opened a new case with CanadaPost because they closed the last one because of their strike (????!!).
They are supposed to call me back on monday.

The package was supposed to move but from the tracking he's still stuck at the same old place.

Concerning VISA, they said that anyway I can file for the chargeback up to 90 days after the transaction.

Moral of the story : CanadaPost dropped the ball it would have been much easier with UPS/Fedex.

lil_azn
Dec 29th, 2008, 11:34 PM
more expensive...

Je te souhaite une bonne année 2009, en espérant que tu n'auras plus d'expérience aussi désagréable

Nierdal
Dec 30th, 2008, 12:26 AM
more expensive...

Je te souhaite une bonne année 2009, en espérant que tu n'auras plus d'expérience aussi désagréable

Je l'espere moi aussi!

CanadaPost said that they still haven't finished to review the case today. I should get a final answer on friday...

valeriey
Dec 30th, 2008, 10:21 AM
Good luck in getting this all settled in your favour.

Nierdal
Dec 31st, 2008, 01:08 AM
Update :

Received a call from a CanadaPost CSR concerning my case and they said that they lost trace of the package because of a software problem (???).

Before they refund me, they need at least to try to contact the receiver (my seller) to confirm that he didn't receive anything.

I gived the CSR the email of the guy and she said that she would call back shortly to keep me informed of his answers.

lil_azn
Jan 11th, 2009, 12:30 AM
Update :

Received a call from a CanadaPost CSR concerning my case and they said that they lost trace of the package because of a software problem (???).

Before they refund me, they need at least to try to contact the receiver (my seller) to confirm that he didn't receive anything.

I gived the CSR the email of the guy and she said that she would call back shortly to keep me informed of his answers.


so, did she call back?

lil_azn
Jan 14th, 2009, 05:36 PM
bump:!:

Joker12
Jan 21st, 2009, 11:29 AM
updates?!

CHINAdeals
Jan 21st, 2009, 01:55 PM
what a douche of a seller.

for phones/ big ticket items i would really stress seeing the product first.

'like new' my ass

i hope you get your monies back

Nierdal
Feb 8th, 2009, 10:19 PM
Final update :

Well I finally received my refund from CanadaPost!

Amusing fact, when the he CanadaPost CSR called the seller and she was insulted by him!

She only asked him if he received the package and he started to say some nonsense like if all this was a vast conspiration of the government against him.....

So you understand the kind of guy I was dealing with....


Well overall my bad luck with the lost package is probably a good thing for me. It's a bit frustrating that the seller was not penalized for his mistakes but seeing how he acted it's probably a good thing for me.


Moral of the story :
- Always pay with your credit card only even if it cost a bit more
- Always insure a package