Faulty electrical item that almost hurt my family, what should I do?

[jobu-594963]

I bought a flip phone from a seller. The phone charger then blew up, letting out sparks and causing my apartment electrics to short. The plug blew up over the head of my girlfriend and almost hurt her. It happened right above her head. We were both terrified and I deeply concerned for her safety.

It turned out the phone was a fake and so was the charger, the seller lied about the flip phone being authentic, they lied about the charger working and lied about there being Whatsapp on the phone. 

The seller does accept returns but I requested one this morning. The seller then opened the case for Ebay's Support and they ruled in my favour. I'm expecting a refund in 3-5 days. I'm waiting on the seller to send me their address so that I can return the item.

This is where my conundrum is, I am happy to return the item but also worried about it being resold as it is not safe. What should I do? 

Another question I have is what should I do if the seller doesn't send me their address and thus I cannot post it back? Do I not get a refund?

[jckl1957]

I assume you have opened a return, so you now have an open case.

The seller has 3 days to supply a return label through the case.

If they don't, you go back to the case and ask Ebay to step in.  They will provide a label on the seller's behalf.

You do have to return the item to get a refund, just as if you bought a faulty item from a shop, you would not expect a refund without returning the item.

[jobu-594963]

Yes I have opened a case, but haven't recieved any address or return label from the seller. Where do ask eBay to step in?

[john1297576]

Go to original case and use the opportunity to escalate (ask ebay to take over).

As I have never had to do this I have no idea where to find it, but others who open not as described cases have no problem escalating but in terms of timing, if it is 3 days, that means 3 complete periods of 24 hours.

[red_magpie]

It turned out the phone was a fake and so was the charger, the seller lied about the flip phone being authentic, they lied about the charger working

It was your choice to buy these items on eBay, which explicitly warns buyers in the user agreement that ""they do not guarantee the existence, quality, safety or legality of items advertised, or the truth or accuracy of descriptions". So you knew the risk you were taking.

All you can do on eBay is to use eBay's money back guarantee to claim a refund, which you have already done, and leave appropriate feedback for the seller.

The important point is whether this seller is based in the UK, or abroad (probably China). The item location doesn't mean anything - many sellers in China have a distribution base in the UK. What counts is whether the seller is registered with eBay in the UK, or in China. You may need to check their feedback page, where this will be shown at the top.

If they're UK registered you can and should report them to Trading Standards. If they're abroad they are beyond the scope of UK consumer protection laws.

[jobu-594963]

Hi, 

I have been checking my eBay for a return label to be sent to me by the seller but none has been sent and it's been over 3 days. It also says the case has been closed in my favour.

Does that mean the case is fully closed?

Does that mean I don't need to return the item unless the seller contacts me?

Is there any change to me getting a refund?