Item sold as faulty but fault not as described

crazyderk

Hi All,

Hoping you can give me some advice.

I purchased an iPhone 5 from the UK through eBay
The phone was blacklisted in the UK but does work outside of the UK - my intention to get it unlocked and use it outside of the UK

The ad went like this.

Iphone 5 faulty, no service. Locked to 3 network
Spares or repairs.
Few minor scratches and a couple dents not major, no marks on screen.

No returns or refunds phone is sold as seen FAULTY!


I now have the phone and I have two concerns,

1. the power button intermittently doesn't seem to be working.
2. he says no marks on the screen but there are hairline scratches on the screen

If I open a dispute with eBay do you think it would go my way?

Nody

Very unlikely; it's sold as faulty for spares and what you're listing only confirms that.

crazyderk

Nody wrote: »

Very unlikely; it's sold as faulty for spares and what you're listing only confirms that.

he sold it has having one specific fault, but in actual fact it has numerous more, surely there should be some come back?

Nody

crazyderk wrote: »

he sold it has having one specific fault, but in actual fact it has numerous more, surely there should be some come back?

You asked what Ebay would say; my guess is they see "use for spare parts, faulty" and that's the end of the story. If you complain the power button don't work sometimes they will refer back to the fact it was sold as a faulty phone to be used for spare parts and rule against you.

Now I don't work for Ebay or Paypal but that's the likely outcome I see based on how they tend to handle disputes in general.

rubadub

crazyderk wrote: »

he sold it has having one specific fault

I don't see it like this? what single fault did you think he points out?

can you post to the original ebay auction.

crazyderk

rubadub wrote: »

I don't see it like this? what single fault did you think he points out?

can you post to the original ebay auction.

link is here

http://www.ebay.ie/itm/300858800139?ssPageName=STRK:MEWAX:IT&_trksid=p3984.m1423.l2649#ht_500wt_1219

my point is he said no marks on the screen but there are, and he made no mention of a power button fault!

The single fault is that there is no service on the phone

therefore item not as described!

galwayjohn89

crazyderk wrote: »

link is here

http://www.ebay.ie/itm/300858800139?ssPageName=STRK:MEWAX:IT&_trksid=p3984.m1423.l2649#ht_500wt_1219

my point is he said no marks on the screen but there are, and he made no mention of a power button fault!

The single fault is that there is no service on the phone

therefore item not as described!

Looks like as advertised to me. Nowhere does it say that no service is the only fault.

Clearly stated as faulty and for spares. The screen is the only thing you might have a case about but I wouldn't be that confident to be honest.

crazyderk

Well its been escalated to paypal, so we will wait and see now!

homer911

I wouldn't have bought this thinking it would work, or I could get it to work..

crazyderk

homer911 wrote: »

I wouldn't have bought this thinking it would work, or I could get it to work..

Thats fine, different folks/different strokes, I knew it would work based on his description and would be happy to use it based on the screen having no marks as it would save me money purchasing the phone this way, however with the power button being intermittently faulty and the screen having marks it makes the phone a little harder to use so I don't believe his description is completely accurate.

keithclancy

crazyderk wrote: »

Thats fine, different folks/different strokes, I knew it would work based on his description and would be happy to use it based on the screen having no marks as it would save me money purchasing the phone this way, however with the power button being intermittently faulty and the screen having marks it makes the phone a little harder to use so I don't believe his description is completely accurate.

I would say if it has no signal then it has no use at all.

crazyderk

keithclancy wrote: »

I would say if it has no signal then it has no use at all.

No signal in the UK, but a signal outside of the UK

B00MSTICK

Its a tough one, could go either way from ebay.

If I was buying it for spares/repairs and intended to use the screen to replace my own broken one then I'd expect "No marks on screen" to mean the screen is in good condition with no scratches as the OP describes.
I know it wasnt the OP's intention but it is a valid argument.

"Iphone 5 faulty, no service" Could mean its faulty and it has no service so I dont think the power button issue will fly. The fact that the seller explicitly states the screen is fine but it isnt is your best bet.

Did you use insured postage?

EDIT: How bad is the scratching?

rubadub

I wouldn't have expected it to work. If the only 'fault' was it being locked it would not have been listed as faulty. If a guy is listed it as faulty & for spares I would expect the worst.

Marks on a screen is the only comeback I see, but even that is subjective

Max Power1

Usually if the listing states faulty item, eBay/PayPal won't grant a buyer claim and would instead rule in the seller's favour

A Dub in Glasgo

I cannot believe how much a faulty Apple product can go for!

crazyderk

Max Power1 wrote: »

Usually if the listing states faulty item, eBay/PayPal won't grant a buyer claim and would instead rule in the seller's favour

Well this is what happened in the end just got an e-mail ruling against me!

Nody

crazyderk wrote: »

Well this is what happened in the end just got an e-mail ruling against me!

So as predicted by most posters but worth a try (as it cost nothing for you).