Dead phone

[ian61628689]

I bought a Samsung Galaxy A32 5G - 128GB, 4GB RAM, 6.5" - Black, SIM FREE (Boxed resealed)  order number MV041214487GB from you, paid for 5th December delivered 7th December 2023. The original phone had to be returned which was duly replaced. The charging plug failed a couple of weeks ago, (no biggy). The replacement phone had worked fine up until Monday 29th April, when it just died, no sign of power, tried charging using different chargers, Held the power button down hoping the phone would reboot, no joy. The seller is not responding to my emails. So is their anyone out there who has had a similar problem? How did you solve it? Where do I go from here? Thanks in advance.

[therma-tec]

You're out of time trying to claim through ebay. You could try with your bank or payment provider depending how you paid.

As you bought a second hand phone it is unlikely you would be able to make a claim especially if it was from a private seller.

[ian61628689]

Thank you for the reply. The phone was bought as opened but never used, is that the same as second hand. thanks again.

[thesmokingrunner]

@therma-tec  According to the initial post the original phone was returned and replaced. That suggests to me that the purchase was made from a business rather than a private seller - it's unlikely that a private seller would have a spare identical smartphone lying around just in case they need to send a replacement.

@ian61628689  Technically something which has been opened but not used should be classed a second hand but some (but not all) sellers will 'big up' whatever they're selling. It's irrelevant - you purchased an item which stopped working, had it replaced and the replacement also stopped working. Nor do I think it's particularly relevant whether the seller is private or business - in fact I'd recommend checking out their current and sold listings - the sale of multiple items would suggest they are a business however they describe themselves.

Your replacement phone would actually not be covered by the eBay MBG so even if you were within the 30-day period you wouldn't be able to claim on it. I would suggest you contact your payment provider (PayPal, credit card, bank and so on) and open a chargeback claim.

[therma-tec]

It makes a HUGE difference whether the seller is private or a business seller!

A private seller can sell a second hand item which may fail in a few months with very little comback on them (especially on here). 

Opened but unused in my opinion is basically a lie. Who would buy a phone and not use it? Surely it would have been returned for a refund!

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Rights with second-hand purchases

Your rights when buying second-hand goods depend on who you bought the item from.

If you bought from a retailer or trader, not a private individual, you’re covered under Consumer Contracts Regulations and the Consumer Rights Act. This means you have the standard right to cancel or to reject under the three criteria.

Buying from a private seller makes things slightly more complicated. As long as the product has been accurately described, you are not entitled to a refund, repair or replacement.

Your consumer rights within 30 days

In the first 30 days after purchase, you have the right to reject the goods. This means you can return an item that doesn’t meet the three criteria for a full refund.

This right doesn’t cover digital downloads, but you can ask for them to be repaired or replaced. If unsuccessful, you have the right to get a price reduction.

Your consumer rights after 30 days of buying

After 30 days, you’re not legally entitled to a full refund. But you can ask the retailer to replace or repair the good that don’t meet the three criteria.

For digital downloads, where a repair of the original download isn’t possible, you should be given the chance to download it again

Your consumer rights within six months

If a product develops a fault within the first six months after purchase, it’s assumed it has been there since the time of purchase. This means it’s up to the retailer to prove it wasn’t there when you bought it.

If a repair or replacement has failed, you have the right to reject the goods for a full refund or price reduction.

Your consumer rights after six months

If a fault develops after six months, it’s up to you to prove it was faulty at the time of purchase or delivery.

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To make a successful chargeback you will need as much evidence as possible. Make a copy of the original listing with the description. If it clearly states the phone is 'new' then you should be covered if the seller is indeed a business. Not too sure how it will go if they are private.

There are a lot of more reputible places to buy phones which offer gurantees that they have to stick to. Might be slightly more expensive but it's more peace of mind.