Help - ebay phone auction, I'm suspicious

[wvu80]

The wife needed a new phone, we choose Samsung Galaxy 4s Verizon, New. I won an ebay auction for a new one for $325 + 10 shipping, which is about the average selling price for these phones on Ebay, with a low of $300, upwards to $450.

The language the seller used to describe the phone is ambiguous. The condition is listed as "New" but it is then described as

“Excellent Condition with Battery, Battery Cover & Wall Charger. ESN is Clean & Ready to Activate on the Verizon 4G Network.”

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=221482569681&ssPageName=ADME:B:EOIBSA:US:3160

It seems to me the condition should be "New", not "Excellent." I contacted the Seller via Ebay email to answer this series of questions:

The item was listed as "New." It's condition was described as "excellent" and I would have expected it to say "new" or "unused." Can you confirm please that this is a NEW phone, with full warranty, and that it has never been activated?

The seller sent me this upside-down picture and a non-responsive answer:

Dear dave-44,

Attached photo of box. It comes with just the battery and home charger.

Am I being too skeptical? Is this a new phone or not?

Frankly, if it had been opened or if there was a story I would probably take the phone anyway, but I am now wary because of the evasiveness of the answers.

I'd like to hear your opinions, advice.

Edited July 3, 2014 by wvu80

[oldtimer]

It's possible the pic is intended to show the phone in its unopened box. I can't tell the pic is too small for me. I recently bought new phones, unlocked, through Amazon. You might research prices there I have had no problems with ours. One is a galaxy 3 and one the s3 mini.

[oldtimer]

I see you said you won the auction. Do you really have any choice now? I mean of course without screwing up your ebay rep.

[wvu80]

I see you said you won the auction. Do you really have any choice now? I mean of course without screwing up your ebay rep.

I want the phone, but if the Seller has misrepresented what it is, I am not obligated to buy it. The Seller specified "no returns."

Because this is a legit Ebay transaction, if I get it and the buyer has misrepresented it, I am entitled to a refund for the product and shipping one way. I would just like to get this settled BEFORE I get it, not afterwards.

[jjptkd]

The guy has 84 negatives in the last 12 months, a lot of them saying phone is used, not new. Of course he has over 6500 positives as well and offers a 30 return policy. I'd say since you won the auction already might as well try your luck, looks like the odds are in your favor, good luck!

[wvu80]

It's possible the pic is intended to show the phone in its unopened box. I can't tell the pic is too small for me. I recently bought new phones, unlocked, through Amazon. You might research prices there I have had no problems with ours. One is a galaxy 3 and one the s3 mini.

The lowest price I found through Amazon for a New 4s was about $360, used it looked like $180.

I am at $335 for mine, but a few more bucks for peace of mind is a good investment, especially if the seller can give me straight answers.

[wvu80]

The guy has 84 negatives in the last 12 months, a lot of them saying phone is used, not new. Of course he has over 6500 positives as well and offers a 30 return policy. I'd say since you won the auction already might as well try your luck, looks like the odds are in your favor, good luck!

Wow, good eye! I never thought to check the feedback. I will do that immediately.

The difference is a used phone can be had for about $180.

+++

Edited: I clearly did not do my homework. As you said, 84 negatives IN THE LAST YEAR with complaints that are similar to my suspicions about used phones being sent in place of new ones, then the phone won't work, Seller won't return money, etc.

And yeah, there is a return policy, with a 25% restocking fee.

I am waiting for ONE LAST response from the Seller, but I am right now 98% convinced I am not going to complete the transaction.

Edited July 3, 2014 by wvu80

[derrickdj1]

Call Ebay if you feel uncomfortable with the transaxtion. They will pu a hold on any monies that have been exchanged until everything is resolved.

[Frzninvt]

^{eBay will always side with the buyer. If it is not "new" as described file a claim "not as described" and you will get your money back. You cannot post negative feedback to a buyer's acct. Only seller.}

[wvu80]

Thanks guys. So far I have not sent any money, which would be Paypal. And it's not just about the money, my wife is without a phone because hers became lost. She wants a phone, now!

What a hassle it would be if I had to put $400 for another phone, and all the wasted time and effort of dealing with this Seller who already has feedback which says he won't return money.

I'm really glad you guys are here.

[Guest Steven1963]

84 negatives IN THE LAST YEAR with complaints

First thing I look at when I view an item for sale is the sellers feedback.

If it's not good...I move along. I don't even bother looking at the item.

[wvu80]

Here is the latest reply:

Hi,

Thank you for contacting us here at MobilePC.

This phone is a new in excellent cosmetic condition and shows little or no wear. It has never been activated and will include a 30 Day Moneyback Guaranteed Warranty that we provide.

We have fully inspected and reviewed the phone to ensure that it is 100% functional, so you can be confident that the phone you receive will work perfectly.

Please feel free to contact us if you have any additional questions or concerns.

Best Regards,

Yvonne

MobilePC

How can a "new" phone have "little" wear?

[NBPK402]

If you are in doubt... Walk away from the deal! Notify eBay what you suspect and be done with it, IMO.

[NBPK402]

Thanks guys. So far I have not sent any money, which would be Paypal. And it's not just about the money, my wife is without a phone because hers became lost. She wants a phone, now!

What a hassle it would be if I had to put $400 for another phone, and all the wasted time and effort of dealing with this Seller who already has feedback which says he won't return money.

I'm really glad you guys are here.

Do you have a Costco by you... We bought the Samsung Galaxy Notes for $50 each with a 2 year contract.

[wvu80]

If you are in doubt... Walk away from the deal! Notify eBay what you suspect and be done with it, IMO.

I am seriously in doubt. My wife is blaming my "ambiguous" questions to them, but honest to goodness I don't feel like I can get a straight answer out of them. Is the phone new, or not? Seller says "yes" but can't tell me if it has a factory warranty, and there is NO supporting documents, such as manuals or warranty cards.

The latest email was more clear, but then she left that "may have slight scratches" sentence and I feel like I am being double-talked. I would like first to be honest with the Seller and give them a chance to address my concerns.

Tomorrow is July 4 holiday so I am going to mull this over with the wife, but this last email from them has raised my rejection of them from 98% to 99%. Seller is going to have to give me some iron clad guarantees in writing, or the deal is off.

+++

Do you have a Costco by you... We bought the Samsung Galaxy Notes for $50 each with a 2 year contract. (Ellis)

No Costco anywhere here in WV that I know of, but we have all the usual suspects, Walmart, Mall kiosks, etc that will sell me a two year contract phone which is heavily subsidized. We are unwilling to sign a 2 year contract, we want no-contract, which again is offered by everybody in town, and now even all the major carriers have no-contract phones as well.

Edited July 4, 2014 by wvu80

[BigStewMan]

My Friend … reading your posts, it doesn't appear that this is a new phone. And, i don't blame you for being skeptical--whenever i ask a direct question and the other person refuses to give me a direct answer--that raises red flags. Tons of phones out there -- why take the chance on getting burnt? if the fellow can't answer your questions, why believe he'll honor a 30-day guarantee? Also, way too many negative feedbacks recently for me to be comfortable. Whatever you decide, i hope it's the right decision.

Good luck.

[LeesburgMonkey]

I'd consider one of two options, 1. Walk away and 2. Go through the transaction and leverage PayPal if item is not as described, etc. The down side to #2 is the time it takes for seller to respond to the claim with PayPal but in the end will prevail and you'll get a full refund. I'm not sure that you wouldn't be hit with negative feedback from seller if you walked away because you first have to prove he breached or it will look like you're a non paying bidder.

[jjptkd]

If you're really uncomfortable AT ALL and you haven't paid yet just back out, its really not that big a deal. I'm sure if you told the seller you changed your mind and would like to cancel the transaction he wouldn't be that upset. Since this was an auction style listing the seller can give a second chance offer to the second highest bidder and possibly re-sell it immediately for just a few bucks less. The longer you drag your feet the less likely the other bidder will want it though so I'd say act sooner than later, my $.02, good luck with whatever you decide and happy 4th!!

[wvu80]

My Friend … reading your posts, it doesn't appear that this is a new phone. And, i don't blame you for being skeptical--whenever i ask a direct question and the other person refuses to give me a direct answer--that raises red flags.

Tons of phones out there -- why take the chance on getting burnt? if the fellow can't answer your questions, why believe he'll honor a 30-day guarantee? Also, way too many negative feedbacks recently for me to be comfortable. Whatever you decide, i hope it's the right decision.

Good luck.

My 99% chance of canceling the deal just went to 100% due to what you said. I am undoing the deal, and I'll take care of it right away.

Part of the problem is not them, part of it is me, for being cheap and trying to save a few bucks. There is an old expression which I'm sure I won't quote correctly, but it's along the lines of "the cheap becomes expensive." It's worth a few more dollars to KNOW what I'm getting instead of screwing around for weeks trying to undo a deal I should have undone to begin with.

Thanks for your feedback, everybody.

[eth2]

My suggestion:

Before you cancel the transaction, you may wish to call the seller. You can get his phone number from Ebay.

http://pages.ebay.com/help/buy/protecting.html

"To request a seller's phone number, click the Advanced link next to the Search button at the top of the eBay home page. From the Advanced search page, click Find contact information in the Members section on the left side, and follow the instructions."

On that same webpage there is a "Contact Us" link. Write to Ebay before you cancel and after you attempt to call the seller, explaining the problems you are having and asking for their help, so that when you do cancel the transaction you have documented all the reasons that have caused you to resort to this action. Also in your email to Ebay, list each and every time you have tried to contact the seller and the result. Then if he files a nonpaying bidder complaint you have shown good faith prior to cancelling.

P.S. If you do reach the seller and are comfortable with his response, document it by an email back to him summarizing the conversation and also put the substance of that email in the Paypal comment box when you pay. Then, if all is not as promised, you can simply refer Paypal and eBay to those summaries.

Edited July 4, 2014 by eth2