Have i been conned on Ebay?

2old4this · 16-03-2004, 21:33

Please can someone help me i have brought a Nokia 3300 payed him my paypal i got the phone with charger manual cd & cable in a jiffy bag there was no box no warranty & no memory card

As he was advertise it as brand new with warranty you think it would have averything inside.

All iwant to know has he conned me or do i have a case agaist him

http://cgi.ebay.co.uk/ws/eBayISAPI.d...tem=3391963012

Chris W · 16-03-2004, 21:41

if the person is selling in the course of his business, you have a case under the Sale of Goods Act 1972, regarding a sale of goods by description.

However, if he is trading as a private party, this is not covered by the SGA.

The first thing to do is write to him and ask him if there is an explanation, if you don't get a reply within a day or two look in ebays help section for where to file a complaint against a seller. You may not get a satisfactory result, as all ebay will do is send a warning to the seller, and you should also leave him negative feedback.

hope that helps. If you need more advice, pm me

(i'm a law student

)

Bifta · 16-03-2004, 21:42

Did you read the package contents?

Nokia 3300 Music Phone
Li-Ion battery BLD-3
Charger ACP-12X
Instruction manual
Stereo Headset HDS-3H
Recording Cable ADE-2
USB Cable DKU-2
CD-ROM

No mention of a box, no mention of a memory card, as far as I know guarantee's are NOT transferable, when it say's it has a "12 month guarantee with Carphone Warehouse" he probably means with himself

Ramrod · 16-03-2004, 21:44

At first glance, all you can complain about is the lack of warranty paperwork.
Have you tried contacting the seller?

aliferste · 16-03-2004, 21:46

Does it look brand new?

To be fair he didnt say anything about a memory card!

I would be asking him about the warrenty card!!

Ramrod · 16-03-2004, 21:47

Bit cr*ppy putting something like that in a jiffy bag though. Sounds like a bit of an ars*hole!

2old4this · 16-03-2004, 21:47

thanks guys

Halcyon · 16-03-2004, 21:48

The description does say "SIM Free" which could be given to mean you get a free SIM card or that there is no SIM included so this is a tough one.

What I would reccomend with all auctions where you are not sure of a description, is to E-mail the buyer and ask specific questions using the Ask seller a question link.

There should be a warranty as it states in the description that:

"This phone has a full 12 month carphone warehouse warranty"

You should E-mail him and ask for an explanation and ask for the warranty papers and registration documents.
Did you get all of this with it as stated:

Nokia 3300 Music Phone
Li-Ion battery BLD-3
Charger ACP-12X
Instruction manual
Stereo Headset HDS-3H
Recording Cable ADE-2
USB Cable DKU-2
CD-ROM

You should have.

If you are missing some items and that you are not sent them after E-mailing your seller, then you can try filing a complaint with Square Trade at http://www.squaretrade.com and they will look into your problems.

Good luck.

aliferste · 16-03-2004, 21:58

Quote:

Originally Posted by Halcyon

then you can try filing a complaint with Square Trade at http://www.squaretrade.com and they will look into your problems.

Good luck.

I dont think the seller is a member of the fair trade system so no point!

Xaccers · 16-03-2004, 22:05

Aren't carphone warehouse one of nokia's warrenty agents?
ie if something goes fubar on your nokia, you can just take it to CW and they'll check your ime number for validity and if under a year, it will be covered by the warrenty.

Chris W · 16-03-2004, 22:18

Quote:

Originally Posted by Xaccers

Aren't carphone warehouse one of nokia's warrenty agents?
ie if something goes fubar on your nokia, you can just take it to CW and they'll check your ime number for validity and if under a year, it will be covered by the warrenty.

they are indeed... they fixed my old 3210 a while ago anyway

trebor · 16-03-2004, 22:25

the seller has nothing but good feedback so it would appear he is an honest seller not in the habbit of ripping people off.

aliferste · 17-03-2004, 09:14

Quote:

Originally Posted by trebor

the seller has nothing but good feedback so it would appear he is an honest seller not in the habbit of ripping people off.

Hmmm, yea but hes only been reg for a couple of months.....well 3 i think.

SMHarman · 17-03-2004, 09:41

Quote:

Originally Posted by Halcyon

The description does say "SIM Free" which could be given to mean you get a free SIM card or that there is no SIM included so this is a tough one.

Sim Free means contract free and unlocked so you can connect to any of the 5 UK networks or a network anywhere else in the world.

In phone speak it does not mean a SIM is included Free. But you can get one from Virgin for a fiver, or put your current one in there.

trebor · 17-03-2004, 09:53

Quote:

Originally Posted by aliferste

Hmmm, yea but hes only been reg for a couple of months.....well 3 i think.

true but he has had 53 happy customers in that 3 months.

if it was me I would email the man and ask how I would go about
claiming on the warranty (if I needed to). and that's assuming I'm not being stupid and the answer is not obvious.