Hi guys I listed my item on ebay a phone I had, in my eyes I really think the phone was in good condition, no scratches no nothing and I had only had it a month.

This is what I described the item as but the sellers complaint..versues mine..please give me your opinion on what you think ive said and the item description is fair..

ITEM DESCRIPTION: http://www.ebay.co.uk/itm/2307258946...84.m1562.l2649

'
Phone is in excellent condition and I have bought and purchased many off eBay. No Keyboard fade, no scratches, no white glow. Excellent. 1 Month Old!!


I unlocked the phone so it was originally on Orange but now unlocked to any network.
It has quite a few goodies on it including Sim City Deluxe and Sim City 3 Games worth £10, can either leave this on the phone..or factory reset (at winning bidders choice).


Also included in this alongside the phone is a 8GB Micro SD HC Memory Card worth £5, a black official blackberry case for the phone (as pictured) worth £5 and an additional Official Blackberry Battery (so when the first one runs out you have a spare!!) worth £15 + 1 Brand New Screen Protector/Guard and 2 cleaning cloths worth £5. That's nearly £40 worth of bundled goodies INCLUDED!!

PHONE RRP: £200..GRADE A UNLOCKED BRAND NEW PHONE LIKE THIS PRICE IS WORTH £162..PLUS IT DOESN'T INCLUDE THE EXTRAS THAT I AM GIVING WITH THIS!! SO CATCH A REAL REAL BARGAIN HERE!! ONLY REASON FOR SALE IS UNWANTED CHRISTMAS PRESENT!! GIVEN..-http://www.prepaymania.co.uk/mobilephone/blackberry-curve-javelin-8900-grade-a-unlocked.html - That's just the phone at £162!! 'Grade A' Unlocked but just the phone.

You don't get the bundle of extras I am including however with that price above from Pre Pay Mania!! The only other cheapest price I found for the phone alone in the excellent condition (brand new- no scratches, no damage like this one) was £120 but again its just the phone in same condition..so BARGAIN BUY HERE NO RESERVE!!

PHONE ONLY USED ONCE..1 MONTH OLD..NO BB BOX OR USB..SPARE BB BATTERY IS USED AND IS SLIGHTLY FADED..APART FROM THAT NOTHING ELSE TO REPORT.. BUT YOU CAN GET THE BOX AND USB FOR £1 OFF EBAY SO MINOR DETAIL REALLY BELIEVE ME..EVERYTHING ELSE WILL BE INCLUDED AS PER LISTING AND IF U WANT HAPPILY WILL BUY BOX AND USB FOR ADDITIONAL COST..!! NO REFUNDS ON PURCHASE..SOLD AS SEEN!! '

THE BUYERS COMMENT:

Details provided by the buyer:
The buyer said the item doesn't match your description
The buyer has tried contacting you
The buyer paid on 06 Jan, 2012
The buyer contacted you by phone


More comments: The seller was uncooperative and was not ready to listen. He was only hammering the fact that the picture was there to see what the phone looked like and that I shouldn't have made the bid, having seen the picture. I explained to him that I made the bid considering the description he has made on ebay, which I later found inaccurate for the item and I informed him I was going to open a case on the item. The seller eventually hung up the phone on me.Stupid American Twat!!
The buyer can be contacted at '07556476883' to resolve this case.
The best time to reach the buyer is at 'After 8pm or before 10am'.
The item is damaged
Additional information:
"This is a clear case of sale by deception! The item is not "brand new" as advertised by the seller and the descriptions given by the seller do not match the item at all. The phone is overused with scratches all over it, whereas the seller had described the phone as having no scratches and in "excellent condition, "only used once", "1 month old". He also said the phone comes with an 8gb micro sd memory card whereas there is no memory card in the phone. "
The buyer wanted:
The buyer prefers to return the item in exchange for a full refund.
Transaction information:
A temporary hold has been placed on the funds associated with this transaction whilst you and the buyer work to resolve this case. View PayPal transaction - opens in a new window or tab

MY ARGUMENT:

Dear eBay, Unfortunately this claim and all information submitted by the buyer is incorrect. Firstly, On winning the item I had to chase up the buyer who did not contact me or make payment within 24 hours. Instead I had to telephone them and explain that the item could be delayed if they did not pay within the correct timeframe in correlation to the delievery period advertised, therefore to avoid negative feedback I made the buyer aware of this. The buyer also made comments that since recieving the item I was unco-operative..however when he called me he rung me on 'private number'..up until the point of this case being opened I could not clearly retract his contact details, however as ebay can see from the messages sent, I clearly emailed the member over ebay to ask to resolve the matter. When I did speak to the seller via telephone he was very unclear on what the problem was and boasted 'the phone should go in the garbage' and i am a 'pirate'. I then asked him to please stop "
On top of this. He did not stop complaining to me neither give me a chance to resolve the matter, he said I had decieved him for the item. This was clearly not the case, as he claimed prior to this his wife had bidded on the item to take to Africa and not himself, I asked him to look at the item description. He claims the item was advertised as 'brand new' but then originally opened a claim for 'damage'..it now been changed to 'not advertised'.. it clearly is listed under ebay condition 'new other', The keyword here is 'other'..and the category description definition of new other is 'A new, unused item with absolutely no signs of wear. The item may be missing its original packaging, or the original packaging has been opened or is no longer sealed. The item may be a factory second, or a new and unused item with minor defects. See the seller’s listing for full details and description of any imperfections.' - This item was new and purchased in December 2011, which I have a reciept for
On top of this factor that description which is taken from this ebay condition term page- http://pages.ebay.co.uk/help/sell/co...ndition_1.html also states the item maybe missing original packaging. This item does miss the box but again in my item description this was clearly listed at the bottom of the item description with the following words 'PHONE ONLY USED ONCE..1 MONTH OLD..NO BB BOX OR USB..SPARE BB BATTERY IS USED AND IS SLIGHTLY FADED..APART FROM THAT NOTHING ELSE TO REPORT.. BUT YOU CAN GET THE BOX AND USB FOR £1 OFF EBAY SO MINOR DETAIL REALLY BELIEVE ME..EVERYTHING ELSE WILL BE INCLUDED AS PER LISTING AND IF U WANT HAPPILY WILL BUY BOX AND USB FOR ADDITIONAL COST..!! NO REFUNDS ON PURCHASE..SOLD AS SEEN!! ' - This was clearly visible to the buyer on bidding. It is clear he did not read this and is not trying to open up a malicious dispute to scam me. I also note and explained that the photograph of the mobile phone clearly illustrates and shows the condition of it.."
Further to this the phone picture would have illustrated the fact the item was a 'new other' item. The keyword term condition page clearly defines that also 'See the seller’s listing for full details and description of any imperfections.'- All imperfections were clearly outlined and therefore the item was clearly as described. The item was as per the photographs provided. The item was also bubblewrapped and sent with £500 insurance from Royal Mail. The phone contained no scratches, white glow or keyboard fade as per advertised on the original description - 'Phone is in excellent condition and I have bought and purchased many off eBay. No Keyboard fade, no scratches, no white glow. Excellent. 1 Month Old!!'- Thus the fact it was defined as 'new other' and not 'new'. I believe the buyer is confused and believes I listed the item as 'new' in which case if the item was listed as 'new' it would be incorrect. However it WAS NOT. Also the fact the phone was used once and 1 month old was put"
Secondly in regards to the comments that the phone deserves to be in the buy, unfortunately I fail to understand that when someone advertises a item under the correct category and definition how somebody can complain it is not as described, when the photographs and written description show clearly what you are buying before you click bid? The seller also wants a refund, however the original description clearly indicated no returns, therefore this is unfair to me as a seller and a breach of the original ebay agreement of purchase between me and him, as the item is as pictured and is as described per my prior comments. I also have photographs of the item before it was shipped which I have attached, these clearly outline there was no damage/defects to the phone. Should any have incurred in transit, this is a matter for Royal Mail to compesenate the buyer £500 and the reason why the item was sent with insurance. Therefore unfortunately this claim is unaccepted as per the terms of ebay desc"
I explained to him that I made the bid considering the description he has made on ebay, which I later found inaccurate for the item - This what else the buyer claims. However he never did say this but to validate this point. The item description clearly states 'Phone is in excellent condition and I have bought and purchased many off eBay. No Keyboard fade, no scratches, no white glow. Excellent. 1 Month Old!!'- Therefore fitting into the category of new old. It also matches the description and photograph of the item (including photographs I took before, I am happy to attach these photographs taken before should ebay wish to have them.) All photographs including the one shown for the item show no damage or scratches. Therefore my item description ALSO said 'GRADE A UNLOCKED BRAND NEW PHONE LIKE THIS PRICE' - This clearly categorised and made clear the fact the item was not 'new' or put in this category but 'new other' therefore the expecation for this to be a brand new item with seal
was therefore impossible. On top of this further in the description it said 'PHONE ONLY USED ONCE..1 MONTH OLD..NO BB BOX OR USB..SPARE BB BATTERY IS USED AND IS SLIGHTLY FADED..APART FROM THAT NOTHING ELSE TO REPORT.. BUT YOU CAN GET THE BOX AND USB FOR £1 OFF EBAY SO MINOR DETAIL REALLY BELIEVE ME..EVERYTHING ELSE WILL BE INCLUDED AS PER LISTING AND IF U WANT HAPPILY WILL BUY BOX AND USB FOR ADDITIONAL COST..!! NO REFUNDS ON PURCHASE..SOLD AS SEEN!! '- This categories that the phone was used once therefore as per the definition of 'new other' by ebay this states -'item with minor defects. See the seller’s listing for full details and description of any imperfections' which is perfectly to which what I advertised in the description. I also clearly stated in the description 'UNWANTED XMAS PRESENT ONE MONTH OLD' -Therefore this outlined the fact this item was one month old but a new model to be categorised under the new other category by ebay. Therefore unfortunately this was fair
On top of this I clearly outlined in the description twice 'no returns'. The fact this was outlined twice, once by ebay right under 'bid now' and also in the description would make any ebay user read the description carefully. It is clear that the user/seller never read the description and never looked at the photograph of the item and 'assumed' as he has portrayed in his original comments that the item was categorised as 'new' and not 'new other' therefore expected higher expecations that the product described. Unfortunately as his wife/him did not correctly read the describition neither look at the photographs correctly, neither correctly look at the terms correctly mean this item was fairly advertised and numerous times pointed other with its age, condition, defects and exclusions as per the category definition and ebay rules of 'new other'. Therefore I refuse to give any refund to the seller. "
Also nowhere in my item description does it outline the item as 'brand new' as advertised by the seller. The category of the item is 'new other' and not 'new' therefore this is unacceptable to claim as a 'new item'. The photograph is a honest photograph of the item which was posted. I also insured that despite putting 12-24 days posting I sent the item within 1 day of listing on Saturday and he recieved it today. I posted at the highest courier standard of 'Royal Mail Special Delievery 9AM Next day' which cost me £7.00' and insured a signature and also cover of upto £500 for any damages incurred in transit. I also feel that with everything else prior said the item was fairly and honestly described. I can happily provide further photographs of the item before transit that I took to proove this. This is a malicious claim as the buyers wife did not read the item description and made assumptions that i would buy a new phone from the shop and send it. Unfortunately that would be diff cat"
I have no reason to decieve anyone and I have 100% feedback on eBay. In terms with my other messages below I believe that the item was fairly advertised and not misleading. I have tried to resolve the matter via ebay messages and also telehone but recieve rude responses as listed below. I endeavour to try and keep all customers happy, therefore if the item has been damaged in transit I will happily help the buyer put in a claim against Royal Mail to seek £500 compensation or relative to the cost of the phone £89) I believe. However in the interest of fairness this item was clearly, honestly not misleading as it had a clear photograph, the correct ebay category and the correct description providing all the information needed."

YOUR OPINION?

I honestly think the buyers trying it on as he didnt read the description..but what can i do? say? think ive said enough? help appreciated guys..genuine seller

dude, why bother? just get him to send back and refund, then repost on ebay. So you lose a couple of quid on postage! its the cost of doing business sometimes.

Less stress, less hassel......

I am so glad that I dusted my sandals from eBay a long time ago. Every once in a while though, I think about selling on eBay again.

Thank you so much for reminding me why I NEVER want to go on that site again!

I hope you do not lose your phone and your money.

Just going to let you know, about 99% of all cases goto the buyer. Even if you don't feel it's right. Frankly, ebay probably doesnt read the case details.

The best course of action is to offer a refund, papyal/ebay will basically force it anyway.

I gave up trying to fight stupid cases a long time ago, to much stress and aggravation for nothing. Now if a problem comes up, I either replace it or refund it. Much easier.

Thats why i stopped using Ebay long ago, apart from the high fees, any disputes you get ALWAYS goes to the buyer.

hi yeah guys i will probs do that then

Originally Posted by iamsgf

dude, why bother? just get him to send back and refund, then repost on ebay. So you lose a couple of quid on postage! its the cost of doing business sometimes.

Less stress, less hassel......

Yeah, it's a waste of time otherwise!

like everyone said, dont waste your time and have him send it back. dont make it any harder for yourself than that a-hole has made for you.

I just wrote a full page explaining how I make money selling phones on Ebay but it triggered some sort of error. This is the first paragraph.

You listed the phone as new and it was not. The photo shows the back only. This will be a big problem for you on Ebay. There is New in Box-NIB and New other which means that you are selling a brand new phone that has an opened box. This is what Ebay considers new. Regardless of what your notes say you can assume that they were never read.

Typical ebay buyer unfortunatley...drives you nuts!

Best to hire a n outsourcer who handles all correspondence for you...it's the only way to save your sanity I.M.H.O. on Ebay.

Have them send the phone back at their expense and refund the money. You'll be better off in the end. Next time use Craigslist. The buyer can inspect the product and buy or not.

It's nearly impossible for a seller to win a "not as described" PayPal dispute. Get the phone back and return their money. At least then you can resell it and move on. It's infuriating, but PayPal doesn't really have a fair dispute process that collects evidence from both sides and then makes a decision (like most credit card companies have). Instead I think it's mostly automated and usually goes to the buyer. One more reason to hate PayPal! Good luck getting it resolved and hopefully you will be able to resell it quickly.

Funny that he's from the UK and called you an American twat. I have had so many similar paypal disputes from people from the UK, who never feel the need to email me with their problem first, before starting a dispute that I eventually win.

Obviously everyone from the UK isn't like this, but there have been numerous times when someone files a claim on me and then will argue calling me a fat american, etc. I don't know what it is with people from the UK or their problem with Americans. I don't know if they are just more angry/aggressive or if they are just more high strung. I have always been polite and there have been 3 instances where UK buyers would completely freak out via email or in paypal disputes and always feel the need to point out that I'm an American or tell me to go eat at McDonalds.

Again, I'm not saying all people from the UK are like this, it's just been my experience thus far with people disputing service/items on paypal. Politeness goes a long way with me, when someone argues with me, I'm a lot less likely to help the person out. Just my personal experience!

I'm from the UK and I wouldn't call you a fat American or a stupid yank... Well probably not anyway!

Seriously though, I started selling a few Christmas items on eBay this year and I definitely won't again. Far too much hassle. I had a woman complain about the quality and price of the items that she ordered despite everybody else being over the moon with their orders. I ended up having to refund her 50% of the sale price. The items were personalised and therefore completely useless to me if she had sent them back. eBay and PayPal suck!