What would you Associate with general wear and tear Scratches

bluechang · 24-01-2007, 15:59

Hi all

Just wanted to ask, What would you class as general wear and tear acratches on a mobile phone. I have just received a sendo M550 ( i know its old) but it has come with cracks in the plastic which i have only seen when a phone has been dropped.

If you received a handset through the post like this, would you raise a complaint with the seller?

prking · 25-01-2007, 19:07

You really need to give us more info. Did you buy it from a Website? If so was it sold as new? Or was it a private sale? Or from an auction site? Etc.
We could have a guess at the bits you've missed out, but most people will just read your post, think its too much hard work and click away.

bluechang · 25-01-2007, 19:36

bought from ebay was sent images of the screens before buying which seemed ok at first as it only had light scratches to the internal screen and light scratchings to the external screen (was a flip phone) phone was described as scratches associated with general wear and tear which hadf light scratches
'The usual wear and tear/scratches are evident' taken from the listing

Handset arrived - it looked as though it had been dropped a number of times - the hinge area was cracked and looked as though it had been glued back together, deep scratches on the hinge which were not mentioned, and two chips out of the chrome area at the btoom and one in the battery casing.

I'd just like to know what other DS readers would class and genral wear and tear?

darkpaw · 25-01-2007, 20:06

Cracking, IMO, is not reasonable wear & tear - as it indicates a significant traumatic event. (Which could have implications for the rest of it).

Wear & tear is light scratches, rubbed corners, etc.

If I were you, I would reject it as "not as described". Demand a refund (you might have to pay the postage for sending it back).

Just because it is eBay does NOT mean you lose your statutory consumer rights.

tip: Take pictures of the cracks, deep scratches, chips etc that you are rejecting it for (and wrap up in generous layers of bubblewrap to send back (& take a picture of that too!)), so that the seller can't claim that it is new damage from 'inadequate' packaging when he gets it back.

Hopefully you don't run into hassle getting your money back, but maybe worth also contacting eBay meantime to let them know about your negative buying experience, in case you need to pursue it further with them.

prking · 26-01-2007, 12:45

This is a private sale between you and the seller, as such the phrase statutory rights is meaningless.
You should follow eBay's procedures. If the listing was inaccurate, as it sounds, you should use the dispute procedure.
The problem is that the description of the phone is vague, and open to interpretation. Always seek a full description of any faults before buying.

Ovalteenie · 26-01-2007, 20:55

Quote:

Originally Posted by prking

This is a private sale between you and the seller, as such the phrase statutory rights is meaningless.
You should follow eBay's procedures. If the listing was inaccurate, as it sounds, you should use the dispute procedure.
The problem is that the description of the phone is vague, and open to interpretation. Always seek a full description of any faults before buying.

it depends if the ebay seller is a business trader or a private individual....also if it was a buy-it-now or auction listing

yo do have statutory rights & more comeback if a business trader/ buy-it-now

agree the OP should use ebay's dispute proccedure... i think there is a buyer purchase protection scheme, so that if ebay agrees the complaint is valid, they can compensate the buyer if there is no joy with the seller.

personally i'd never buy a used mobile on ebay, not worth the gamble

merseygirl · 28-01-2007, 18:41

Did you pay with paypal? if so you'll probably be able to get your money back - this happend to me a few months ago and I went through Pay pal's complaints procedure at first the seller tried to fob me off with £20 refund but wasn't happy with that and insisted I wanted a full refund, which the seller then agreed to.

bluechang · 28-01-2007, 19:17

finally hads a reply from the seller - he said that he apologised for difference in the description and actual handset - he has offered to rfund me for the handset only and i will have to mail the handset back at my expense

24-01-2007, 15:59	#1
bluechang Forum Member Join Date: Nov 2006 Posts: 2,836	What would you Associate with general wear and tear Scratches Hi all Just wanted to ask, What would you class as general wear and tear acratches on a mobile phone. I have just received a sendo M550 ( i know its old) but it has come with cracks in the plastic which i have only seen when a phone has been dropped. If you received a handset through the post like this, would you raise a complaint with the seller?

25-01-2007, 19:36	#3
bluechang Forum Member Join Date: Nov 2006 Posts: 2,836	bought from ebay was sent images of the screens before buying which seemed ok at first as it only had light scratches to the internal screen and light scratchings to the external screen (was a flip phone) phone was described as scratches associated with general wear and tear which hadf light scratches 'The usual wear and tear/scratches are evident' taken from the listing Handset arrived - it looked as though it had been dropped a number of times - the hinge area was cracked and looked as though it had been glued back together, deep scratches on the hinge which were not mentioned, and two chips out of the chrome area at the btoom and one in the battery casing. I'd just like to know what other DS readers would class and genral wear and tear? Last edited by bluechang : 25-01-2007 at 19:44.

25-01-2007, 20:06	#4
darkpaw Forum Member Join Date: Nov 2006 Location: ♂ Posts: 11,500	Cracking, IMO, is not reasonable wear & tear - as it indicates a significant traumatic event. (Which could have implications for the rest of it). Wear & tear is light scratches, rubbed corners, etc. If I were you, I would reject it as "not as described". Demand a refund (you might have to pay the postage for sending it back). Just because it is eBay does NOT mean you lose your statutory consumer rights. tip: Take pictures of the cracks, deep scratches, chips etc that you are rejecting it for (and wrap up in generous layers of bubblewrap to send back (& take a picture of that too!)), so that the seller can't claim that it is new damage from 'inadequate' packaging when he gets it back. Hopefully you don't run into hassle getting your money back, but maybe worth also contacting eBay meantime to let them know about your negative buying experience, in case you need to pursue it further with them. Last edited by darkpaw : 25-01-2007 at 20:07.

25-01-2007, 19:07	#2
prking Forum Member Join Date: Sep 2002 Location: Weston-super-Mare Posts: 9,167	You really need to give us more info. Did you buy it from a Website? If so was it sold as new? Or was it a private sale? Or from an auction site? Etc. We could have a guess at the bits you've missed out, but most people will just read your post, think its too much hard work and click away.

26-01-2007, 12:45	#5
prking Forum Member Join Date: Sep 2002 Location: Weston-super-Mare Posts: 9,167	This is a private sale between you and the seller, as such the phrase statutory rights is meaningless. You should follow eBay's procedures. If the listing was inaccurate, as it sounds, you should use the dispute procedure. The problem is that the description of the phone is vague, and open to interpretation. Always seek a full description of any faults before buying.

26-01-2007, 20:55	#6
Ovalteenie Forum Member Join Date: Mar 2004 Location: a whimsical world Posts: 20,969	Quote: Originally Posted by prking This is a private sale between you and the seller, as such the phrase statutory rights is meaningless. You should follow eBay's procedures. If the listing was inaccurate, as it sounds, you should use the dispute procedure. The problem is that the description of the phone is vague, and open to interpretation. Always seek a full description of any faults before buying. it depends if the ebay seller is a business trader or a private individual....also if it was a buy-it-now or auction listing yo do have statutory rights & more comeback if a business trader/ buy-it-now agree the OP should use ebay's dispute proccedure... i think there is a buyer purchase protection scheme, so that if ebay agrees the complaint is valid, they can compensate the buyer if there is no joy with the seller. personally i'd never buy a used mobile on ebay, not worth the gamble

28-01-2007, 18:41	#7
merseygirl Forum Member Join Date: Dec 2002 Location: Merseyside Posts: 332	Did you pay with paypal? if so you'll probably be able to get your money back - this happend to me a few months ago and I went through Pay pal's complaints procedure at first the seller tried to fob me off with £20 refund but wasn't happy with that and insisted I wanted a full refund, which the seller then agreed to.

28-01-2007, 19:17	#8
bluechang Forum Member Join Date: Nov 2006 Posts: 2,836	finally hads a reply from the seller - he said that he apologised for difference in the description and actual handset - he has offered to rfund me for the handset only and i will have to mail the handset back at my expense

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What would you Associate with general wear and tear Scratches