Seller sent item not as described on eBay, what to do??? Any helP>>?

if u have some experience on eBay I would be glad if you can help me! I bought a phone off eBay that was sold as used..I came in late in the bid, saw the price, bought the phone then found it was used. I contacted the seller & told her that I needed the phone to be gifted i and can't gift a used phone..the phone was listed as like new so she told me it was in great condition only scratches on the back and the battery (which is how she got it from Verizon anyway). She then told me she needed the money and doesn't have time for returns and stuff like that so I told her to send it as it is but if i receive it and it can't be gifted I will send it back to her..when it took her a while to reply I told her to cancel the transaction since it was too much hassle for her to send the phone then wait for my decision. Instead she replied with a message telling me she shipped the phone. Of course I got the phone and it is definitely not in a perfect condition, not even near perfect! dust in every little hole and beneath the battery, scratches in the back and the battery cover is torn but also small scratches in the front & she, expected, didn't want to give me her address to ship it back saying I might alter the phone or its components!! I opened a case & she still refused to return the item..do u think I should escalate it to eBay customer service? will they be of any help or I just got ripped off???? sorry for the long story..any reply is appreciated..

You have to prove to paypal/ebay that you and her's description of "like new" are not the same. If the listing had detailed pictures and an accurate description, you lose.

It will come down to how and what was written in the auction description.

Quote from G37 : You have to prove to paypal/ebay that you and her's description of "like new" are not the same. If the listing had detailed pictures and an accurate description, you lose. It will come down to how and what was written in the auction description.

no pictures were added to the auction, which describes the phone in one line, "like new, used only for 2 or 3 months, changing address where there is no coverage" !

In the case of a short desc like that, as a buyer, your job is to ask questions and for pictures of the item before bidding.

I know you jumped in at the last second, BUT.

If it were me, I'd make sure the phone works and activates.
Then get the dust with some compressed air or damp lint free towel.
Defunk it with some anti-bacterial cleaner or rubbing alcohol.
Buy a nice slim case and/or screen protector for it and gift it.

If you just can't live with it, then escalate it. "2-3 months of use" is open to interpretation, but who knows how the ebay monkeys will behave when they see your case.

OP it is your responsibility to fully read and completely understand the sellers listing. it doesnt matter if you came in at the beginning, mid, or late bidding. the fact and key word is that the seller listed it as used, which means that it is not new. it is not the sellers fault that you didnt key in on it being listed as USED.

you bid and bought *before* you even read the listing.. AND then you told seller to ship it as is...

sorry.. but imho, it's on you.

hoooowevaaarrrrr........ the seller won't know about that first bit unless you admitted that to them... and fleabay or paypal won't hear the story in quite the same way as we did on a dispute.. so as the buyer in a somewhat buyer-friendly environment for disputes, you may just come out ok on not being "like new" - but only if no one involved has you admitting you bought without reading the listing.

Just file a SNAD (significantly not as described) with Paypal. Paypal will side with you and refund your money and then take it back from her. If she does not supply her address for return of the phone, you just got a free phone.

Them's the facts, Jack!

Quote from slipgate : Just file a SNAD (significantly not as described) with Paypal. Paypal will side with you and refund your money and then take it back from her. If she does not supply her address for return of the phone, you just got a free phone. Them's the facts, Jack!

Ya this is how it works, but I agree with the other posters in saying this is really the buyers fault. You have to read the descriptions and agree, The special conditions are just complications that no buyer wants to deal with. These are to be worked out and agreed upon before the auction ends, not after.

Gotta side with the buyer on this one. Even though you should have read the auction beforehand and screwed up there, if the phone was really in the shape you described it is most certainly not like new. In fact ebay pretty much forbids you from using like new in titles.

A new phone doesn't have any scratches or dirt, and has never been used. Often comes in a sealed box. How can a phone be "like new" with the cover torn, scratches on it, and dirt in every little crevice?

It's not as described, simple as that. Just file a dispute/claim on ebay.

Quote from jonnyzlio : no pictures were added to the auction, which describes the phone in one line, "like new, used only for 2 or 3 months, changing address where there is no coverage" !

A new phone doesn't have any scratches or dirt, and has never been used. Often comes in a sealed box. How can a phone be "like new" with the cover torn, scratches on it, and dirt in every little crevice?

It's not as described, simple as that. Just file a dispute/claim on ebay.

Thanks all for your help, I admit I should have read the description, but that seller gave me the feeling that all she wanted in life was to ge rid of this phone, which is so doubtful as well!
I am more relieved now and will try the steps you mentioned..good to know i don't have to get stuck with such a phone!

Quote from jonnyzlio : Thanks all for your help, I admit I should have read the description, but that seller gave me the feeling that all she wanted in life was to ge rid of this phone, which is so doubtful as well! I am more relieved now and will try the steps you mentioned..good to know i don't have to get stuck with such a phone!

How about posting a link to the auction you won?

Quote from jonnyzlio : Thanks all for your help, I admit I should have read the description, but that seller gave me the feeling that all she wanted in life was to ge rid of this phone, which is so doubtful as well! I am more relieved now and will try the steps you mentioned..good to know i don't have to get stuck with such a phone!

You admit you should have read! I feel like this is the South Park terms of service episode. RTF Auction! People like you make a seller's life hell on top of the crap they have to deal with when Ebay rapes them.

If you wanted a new phone you should have tried to cancel the bid immediately after finding out it was used. "Like New" does NOT equal "new."

While karmically you should get the shaft on this one, just follow what everyone else said, ebay always sides with the buyer. I also don't see why sending it back is such a problem, isn't her return address on the box??????

Quote from brbubba : You admit you should have read! I feel like this is the South Park terms of service episode. RTF Auction! People like you make a seller's life hell on top of the crap they have to deal with when Ebay rapes them. If you wanted a new phone you should have tried to cancel the bid immediately after finding out it was used. "Like New" does NOT equal "new." While karmically you should get the shaft on this one, just follow what everyone else said, ebay always sides with the buyer. I also don't see why sending it back is such a problem, isn't her return address on the box??????

I sell stuff on eBay, not on a regular basis, but I do. I understand why, as a seller, u r frustrated. I was so clear with the seller from the first message & told her to cancel the transaction & relist the item, but she said she needed the money, that is why I told her that I might need to return it if it can't be gifted.
She shipped it knowing that I might return it. I left it to her judgment and she still sent it..thinking probably that listing it as no returns accepted will force me to accept the item as is. I also told her before she ships it that I think that it was too much hassle for her, and asked her to cancel the transaction, instead she replied with a message telling me that the phone was shipped and that I should receive it soon.
When I bid on eBay I always put myself in the seller's position, I apologized to her first & asked her to do what she thinks is right, she insisted that the phone has no scratches at all which wasn't right.
I put myself in the seller's position, cos I sell from time to time on eBay, but when I do, I am honest & I add pictures..mainly to save myself from such misunderstanding..
I can't send it back to her cos she gave me two addresses, one on the box & one on the invoice..and they are in two different states! smart isn't she?!