eBay Seller listed AU Stock of a Phone, sent me a Grey Import in its place

SpotTheOzzie on 10/11/2017 - 14:18
Last edited 14/11/2017 - 15:27 by 1 other user

Hi Gang,

Ebay Seller has listed AU Stock of a Phone, sent me a grey import instead.

I recorded the unboxing to ensure they can not lie and say they sent me the correct phone and I switched it. With this they have said to send them the phone to the address.

Should I be waiting till I receive the refund before I send the phone back? Should I have to pay for postage for this seller trying to scam me?

Thanks guys would really appreciate your knowledge/experience on this matter.

Edit:

Here's the unboxing video I did [unplanned]

https://www.youtube.com/watch?v=MFVYdk1cTEQ

Update 12/11/2017-

Rang Samsung who confirmed the IMEI is not AU, it is indeed UAE and will not be covered by Manufacturers warranty as listed in the Ebay Ad.

Still have not received second phone, but have prompted them that I would much prefer just my refund now given the circumstances of the first phone which I purchased before the one I have received.

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Comments

  • petry on 11/11/2017 - 15:49
    +1

    Not as described - even paypal cant argue this because paypal would be refusing to apply oz consumer law. That would be unconscionable conduct on paypals part since they pretend to offer buyer protection.

    • SpotTheOzzie on 11/11/2017 - 15:53

      Thanks Petry, I'll update this thread when I get an update :)

  • eggles01 on 11/11/2017 - 17:08
    +1

    it may be in the wording,Australian Stock can also mean that the seller has stock in Australia you have to ask the seller if the picture presented by the seller is the actual phone,you just have to use Ebay Resolution center instead of PayPal resolution, both Ebay and PayPal are changing their terms and conditions so you have to read every update to both terms and conditions,there is no problem with Ebay resolution I have used it on various items that or was not as described and have got my refund in all claims and also kept the item as most times the postage cost is too high to send back to them,bol

  • eggles01 on 11/11/2017 - 17:16

    if you want to know whether these sellers are in Australia or overseas just click on their username on the auction page and the information will be loaded for you,a few weeks ago I purchased a small electric hot water unit and the seller lives in China with Australian stock in their warehouse in Australia and I received the heater 4 days after I paid for it via Aust Post sent from Australia,hope this helps,

  • T1OOO on 12/11/2017 - 00:49

    Here’s the thing. Generally buying online from any one except a big retailer even via eBay is too risky. eBay and pay pal don’t give a flying toss and have too many hoops you gota jump if u get screwed. Why support them like this when obvious scams keep happening and they couldn’t careless ?

    It’s fraud Plain and simple and eBay as far as I’m concerned is a criminal enterprise harbouring criminals.

    • whooah1979 on 12/11/2017 - 06:01

      eBay as far as I’m concerned is a criminal enterprise harbouring criminals.

      What crime have ebay and their associates been convicted of?

      • T1OOO on 12/11/2017 - 14:05

        They will be brought to justice one day.

        But the gals an miss leading advertising every time that there is a sale and they jack up the prices is one.

        Just a nasty company all round scummy.

  • Dealayed on 12/11/2017 - 01:30

    From the item description page - Disclaimer. We can not guarantee that the information on this page is 100% correct

    • 18 on 12/11/2017 - 07:13
      +2

      In my opinion, that disclaimer is way too farfetched to have a material impact on the item itself. If I were to list an iPhone 8 then state that 'We cannot guarantee the information is 100% correct', and I send the buyer an iPhone 6, then that's misleading and deceptive conduct because I obviously had the intent to mislead the buyer initially and portray something better than what it really is. Also, I believe this 'disclaimer' has to be of a reasonable standard so you can't just disclaim everything you want. OP has a very strong case against the seller and I am really interested to see how this all pans out. Goodluck!

      • Dealayed on 12/11/2017 - 08:40
        +1

        No doubt the op has a strong case and the ad is meant to be for an Australian local stock phone. Looks like the seller was just trying to defend himself with that disclaimer and I was simply stating that. No way am I in support of the seller as he his definitely dodgy.

  • AdSense on 12/11/2017 - 06:57

    Send it back first, make sure there is tracking or add it on at the post office, take photos while you are there as your packing it at the post office counter and post them onto the ebay return page with the tracking number. You should get the refund as there is proof you have sent it back also make sure the return address is clearly photographed as well. If they don’t provide the refund, ebay will step in and look at everything and then refund you.

    Edit: if the issue was from their end, they should create you a return label and cover the return postage, if it’s on your end you pay for the return postage, but from what you have said, the issue seems to be from their end. From memory they get about 5 days to a week to send you a return label to print, try using the ebay live chat, if there are any problems.

  • JimmyF on 12/11/2017 - 10:26

    Should I be waiting till I receive the refund before I send the phone back? Should I have to pay for postage for this seller trying to scam me?

    hahaha wanting a refund before returning the stock. So you can scam them in not returning it? doesn't work like that.

    Open a dispute with ebay, follow the bouncing ball, send the phone back. A refund will be issued for the full amount once the tracking shows it was delivered. You normally need to supply a copy of the receipt for postage refund and to confirm costs/it was sent back.

    Here's the unboxing video I did [unplanned]

    High production value for something you did just for 'yourself'. But ok.

    A unsealed bag means nothing, I have a stack of those bags at home, I could have opened the one that arrived, changed the phone, moved the shipping label over and resealed the new one up etc.

    • SpotTheOzzie on 12/11/2017 - 14:17
      +2

      I'm a live streamer - I didn't need to do anything different production wise to do what I do day-to-day to record the video I did.

      Also, have zero interest in scamming anyone and trashing my reputation.

      • JimmyF on 12/11/2017 - 15:12

        I'm a live streamer

        Still, for something that wasn't going to be 'shared' you seemed to record it like it was going to be.

        Anyhow, as above, open a dispute, follow the bouncing ball for a return THEN refund.

        • fratzhaus on 12/11/2017 - 22:46

          If you record a video as proof, you're expecting to need to provide the video to someone as proof, therefore yeah, of course he would prepare it like it was going to be…

        • JimmyF on 13/11/2017 - 22:26

          @fratzhaus: Yes I video record EVERYTHING I open with no plans on sharing and talk to the camera like someone is listening to it /s

        • fratzhaus on 13/11/2017 - 22:33
          +1

          @JimmyF: you're a pretty boring person I guess. Each to their own.

        • JimmyF on 13/11/2017 - 22:34
          +1

          @fratzhaus: haha yes I maybe and you're a strange person who records opening mail like someone is watching when you don't have any plans to share such video.

          Carry on!

        • SpotTheOzzie on 14/11/2017 - 04:11
          -1

          @JimmyF:

          I've naturally got the commentary bug :) Even when no ones home I'll be like - "I'm making popcorn". It's when other people are around do I not do this :P

          If I was planning to share this I would have been a bit more explosive, and actually had a shower prior not after =/ ANYWAYYY haha :D

  • wukachuka on 12/11/2017 - 12:14
    +4

    They know exactly what they are doing, they roll the dice and hope it's too much hassle for most people to bother with jumping through all the hoops.
    They will run out the clock at every opportunity.
    It must be profitable or they wouldn't do it imho.
    The obvious lesson here is 100% positive feedback or gtfo.

    • SpotTheOzzie on 12/11/2017 - 14:18

      I'm with you on this one wukachuka.

    • JimmyF on 12/11/2017 - 15:18

      They know exactly what they are doing, they roll the dice and hope it's too much hassle for most people to bother with jumping through all the hoops.

      Have you ever done an ebay return? Not very hard at all!

      Open dispute, say its not as per the listing, include a couple of photos.

      Wait a few days, you'll get told to send it back and upload the tracking.

      Once tracking is delivered, ebay spits out a refund.

  • Innately Incognito on 12/11/2017 - 14:25

    If you went PayPal via a credit card, will a credit card chargeback be any easier?

  • EVA-01 on 12/11/2017 - 16:12
    +1

    Just bought an iPhone 8 Plus from this seller too. Now I'm worried even with this description:

    APPLE IPHONE 8 PLUS 64GB SILVERUNLOCKED BRAND NEW MQ8E2X/A [AU STOCK]
    We sell 100% genuine Australian Apple products only.
    24 months Apple One year limited Warranty
    We provide Australian GST Tax invoice

    • Innately Incognito on 12/11/2017 - 16:37

      Surprised to see how the seller keeps trading and somehow got promoted on an eBay sale with this going on.

      Although that said. Aren't iPhones relatively international anyway? I remember in the past certain phone variants had different frequency bands, but just looking at the iPhone 8 Plus I think it'll hit most of the Telstra ones anyway?

      • phatmike128 on 12/11/2017 - 20:57

        No support under the acl for warranty though. That is a big deal. Seems like my iPhone 7 I bought a month ago from them is in the same situation :(

        • Innately Incognito on 13/11/2017 - 01:03

          Isn't ACL always active just dependent on who actually sells the product?

          Of course this assumes you can chase up the seller 'my-phonez' for the warranty repair charges. Who knows, they may just shut down and disappear.

        • whooah1979 on 13/11/2017 - 16:15

          No support under the acl for warranty though.

          consumer guarantees still applies. you can seek a remedy from the retailer directly regardless of what apple or sumsung may say.

    • turkz1 on 12/11/2017 - 22:42

      Also purchased an iphone from this bunch and despite replying to my messages and providing an invoice they still haven’t shipped the item 4 business days later. Definitely not a good start.

  • upsidedownlemon on 12/11/2017 - 17:50

    Call eBay

  • mikeangelo on 12/11/2017 - 18:02
    +1

    There's no way you'd get a brand new AU stock S8 for $750. This price is about right for the international version with no warranty from Samsung Australia. It's a little sus how you put so much effort into gathering evidence right from the get go, but I guess you were just highly suspicious to begin with, given the low price and so you covered yourself. It's a lesson for the seller for being dishonest and stupid.

    • SpotTheOzzie on 12/11/2017 - 18:04

      Thanks Mikey.

      I bought at 10am right on the sales suspecting they didn't price jack in time..and I was on the money, 30 minutes later they put up to over ~$1200. Thought I got a really good deal.

  • highdealer on 12/11/2017 - 23:45
    +2

    Hey mate, did they provide you an Invoice for this purchase? If yes, did they had an ABN and was there GST listed on the invoice. If they did provide an GST invoice with an ABN, I would be more than happy to pay you what you paid for it plus postage ( or if you live in Sydney within reasonable distance i am more than happy to pick it up).

  • gabtug on 12/11/2017 - 23:46
    +2

    The short answer: Your situation is not unique and has already been thought of by Ebay. Ebay already has existing well defined processes to deal with such issues, you just need to read the official documentation and follow their steps. You won't have to pay a dime at any stage, and you would get a full refund.

    A) WHO PAYS FOR POSTAGE?
    In this case, seller does, and does so up front (e.g. by a prepaid print at home tracking label). Don't settle for less, and get ebay to step in if they don't (or go quiet on you). Ref: https://pages.ebay.com.au/help/buy/return-item.html#shipping…

    If they can't give you the money upfront, get ebay to step in: "If you are unable to reach an agreement, you can ask us to step in and help."

    B) WHAT SHOULD YOU DO?
    Return the item as per above, but do it under the ebay dispute resolution process for visibility. i.e. open up the t dispute first, and do it through there. That way there is a public ebay record of the tracking details to be paid for by the seller, and proof of your return.

    They then can't dispute the fact they didn't receive the returned item, and coupled with your video you have proof should you flag for ebay disputes to step in.

    See the above link posted as well:
    "The seller has three business days from the request to respond to your request or offer a solution. If the seller doesn't respond or offer a solution, you can ask us to step in and help."…
    "If the seller offers a replacement but doesn't send it within five business days of you starting the return, you can ask us to step in and help. You have 14 business days to do this after the replacement deadline has passed or the day the original item was returned to the seller, whichever is later."

    ie. DONT just send it back to them - ask them 'will you send a replacement' - then they must start sending it from 5 business days after the return shipment leaves your place.

    That said, under ACCC it would be a major defect and you are entitled to choose a refund over an exchange. This is supported by this link: https://pages.ebay.com.au/help/buy/return-item.html#refunds

    Probably the most important link for you is https://pages.ebay.com.au/help/buy/return-item.html#
    "
    I returned an item but haven't received a refund. What should I do?
    You can see the status of your return request in your Purchase history in My eBay – including tracking details for the return package (if available), when the item has been delivered to the seller and when you can expect your refund. If it's been six business days since the returned item was delivered to the seller and the seller hasn't refunded you, you can ask us to step in and help.
    Important: If you sent the item later than the seller's stated time frame, we don't require the seller to issue a refund.
    "

  • eggles01 on 13/11/2017 - 00:36

    the easiest way out is if you receive anything not as described,contact the seller and give them the low down of what is wrong and ask them what are they willing to do,and include that if you do not hear back from them within 5 days you will refer it to Ebay resolution center,which ever way Ebay will tell you to contact seller and if the seller does not contact you within the time limit you give them then go to Ebay resolution if the seller wants the item posted back ask the seller for a post paid address to send it to,
    as far as T1000 answer it is best to make sure you read the terms and conditions on both Ebay andPayPal,do not go into it like a bull at the gate do it civilly and the rest is easy,

  • deepaksg on 13/11/2017 - 11:41
    +1

    I had the same experience with this seller. I messaged them numerous times and had only few responses.
    I had to visit the shop and handed the phone back and requested the order cancelled and got my refund which took 3 days to come thru.

    • SpotTheOzzie on 13/11/2017 - 20:56
      -1

      I just received a response which in part says

      "you can not physically come to our warehouse and drop the item."

      Yet the address I have to send the item back is a physical mobile store with a different name. How does that work?

      • deepaksg on 13/11/2017 - 22:40

        They said they had stock of gold colour s8 and can swap that phone instead of the phone they sent me.
        I said I am not interested in the gold colour and sent few messages which was not responded.
        Since I knew the shop address from postage I decided to drive and have a chat.
        He said he only had s8+ au stock and the gold s8 was gone.
        Either way I went there to get a refund which was done without any hassle.
        If you live in Sydney just show up on the door.

        • SpotTheOzzie on 14/11/2017 - 03:46
          -1

          Thanks for the info. I might consider live streaming the venue on my youtube channel for the refund.

        • Rakddon on 22/03/2021 - 01:35
          -1

          what's the address?

  • gimme on 13/11/2017 - 12:00

    No wonder the internet is clogged. A simple situation turns into a deluge of opinions and emotional outbursts. ACCC blach blah blah don't need to get involved. The ebay resolution process WORKS very well especially when you are a buyer. Just lodge a dispute and let it run its course. You'll have to send the item back (Paypal would cover return postage anyway) and get your refund.

    Sure it's a little bit of inconvenience but if getting a local phone is important to you then that's what you need to do. Put it down as a lesson learned.

    • blehgg on 13/11/2017 - 12:31
      +3

      Nothing wrong with what this guy did - if I was spending 1K for a new item (for a specific model) - I'd record it too. (knowing all the scammers out there)

      and agree with "gimme" - the ebay resolution process works.

  • ani91 on 13/11/2017 - 16:07
    +2

    you are certainly not alone in this. I too ordered samsung s8 from this buyer from ebay thinking it is australian stock. The model number in the item listing is aus one but what is received was different . it was clearly written gulf electronics dual sim phone with different model number. so i didnt even bother opening and opened a dispute with ebay after seller completley ignored my messaged and didnt bother to response.

    i m so annoyed with this experience.

    item ordered on 20th october for 820 dollars after applying 20% voucher. (seems fluctuating price is just a ritual with this seller).

    estimated delvery 25th october. (no notification of shipping till that time)

    contacted seller only to be told he has been bombed with too many orders so delay in processing (which i trusted).

    item shipped on 27th october after two more repeat reminders to seller with no response from his side.

    only received on 3rd november. (seller said express post but took 5 business days to reach me? )

    opened the box only to find grey import with uae model number and a local made in china oz plug in separate box to be used instead of samsung fast charger cause duh that must be uae plug ! :/)

    with no response from the seller about the same asked ebay to help. ebay gave seller 3 days to respond but when he didnt, ebay aske dme to send the phone to seller for full refund including postage.

    6th november sent the phone.

    its 13th today i dont know why the phone stil hasnt reached the address ? I am scared that perhaps the seller registered address is also wrong? :/

    he surely seems a fraud scammer to me!

    annoyed that ebay labelled him a premium seller.

    ebay says wont refund until parcel is tracked as delivered.

    Even if that happens and when that happens, it will be almost a month since i ordered my phone and money cut from my account.

    really dont think ebay is doing enough here to ensure buyer doesnt have a bitter expereince.

    i am so done with even the thought of having a new phone now. just want my money back.

    please do not buy from myphonez hamza majeed nsw seller.

    he is a scammer. period.

    • asianbargain on 13/11/2017 - 18:15
      +2

      Bugger.. i hope he get refund soon. Buying new phone should be good experience but i can imagine what i been through and with over $800. Fingercross mate

    • SpotTheOzzie on 14/11/2017 - 03:47
      +1

      I hope you get a refund Ani91.

      I've decided to get the AU ones from JB and just pay the extra - sucks =/

    • codinghelloworld on 01/02/2018 - 12:39

      Currently have the same problem with this scam seller. The listing is brand new iphone AU stock, but the item I received is the used one, already activated, the charger and the earpods are not original. I am on the way to return it back and claim refund.

      I wonder why these kind of scammers still got good ratings on Ebay.

  • SpotTheOzzie on 13/11/2017 - 18:09

    I've accidentally clicked I'm associated with the store when responding to an above comment. Can an admin remove that from me? I try to edit post, uncheck and submit but hasn't changed my status.

    Thanks

  • AMLagonda on 13/11/2017 - 23:53
    +2

    We ship item the same day, if order placed by 11am AEST. During peak demand, shipping could be from overseas warehouse

    That part right there would tell me not to buy from this seller….

  • phatmike128 on 14/11/2017 - 02:02
    +1

    This is their website: https://www.skyphonez.com.au/about-us

    A few dodgy things on there, including this on their "returns policy":
    Items that are received in good condition, and are still under warranty will be given store credit ONLY.
    You can return the device in case any problem is reported in it within a time of 14 days from the day of purchase. After the returning period is over, Sky Phonez do not entertain returns.

  • Avacardooo Rayy Mee on 14/11/2017 - 09:19
    +2

    without even knowing the store first, i said its prob myphonez, as i just delt with them, and it was a nightmare.

    They say " dont go oversea's and all they do is order grey imports"

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