Bing Lee Sent a Used Google Home (Ordered from eBay)

Last update.

The Story

  • Bing Lee Bankstown sold me a used Google Home as Brand New, When THEY knew it has been used (and has been returned at least once).

  • When I find out it was used and contact them, the guy who handed it to me was still trying to get around it. It was not until I show him I have the evidence did he confess it was "used in the store", which I doubt as the account already in there have a different address than the store.

  • All I wanted is get the replacement ready before I need to go there. Which was turned down at the first contact, but now they accepted it and will ring me when it is ready.

  • They tried to sell that unit to another customer before, but got find out. During that replacement, they took swapped the cases (to make the returned one looks newer? idk). But it did make it harder to tell it is a used one as I only found out when seeing the other guy's account in there.(Found out this here, small world, isn't it)

The reason I post it here

At first they backing up the store saying they were just trying to help and question whether I want compensation.

After seeing enough evidence proving the store is really dodgy, they question my purpose of posting it here.

Well, here are the reasons.

  • I am not here long enough to know how things should work. So I ask.

  • To see people’s response. Replies sharing similar issues would get me some idea on whether this happens a lot. And people's attitude towards this thing indicates how careful we need to be as some of them are sales in real life.

  • To share my experience so you know how dodgy they can be.

Conclusion and advice (only for people who have similar views as I do)

  • Dodgy things is happening everywhere.

  • It is not likely to stop as so many people holding the attitude that the store did the right thing/or even I should thank them for holding me a cheap unit. Well, they could be your sales or service provider in the future.

So keep an eye on it. And I would not buy anything from that store. Or probably will only buy thing from bigger and busier ones who value their image.

 

Original Post

Hi,

Picked up the Google home from Bing Lee eBay deal earlier this week. Got it set up last night to find out it has been used as their is already an account linked in there… means, at least, it had been played with before.

Contacted the store and got confirmation from their sales that the one I got has been opened up and used in the store. And since they didn't have any stock, they sold me this one as brand new and didn't even say anything when I pick it up.

When I ask them how do they solve this, their reply is "bring it in, then we will order you a new one". No sorry, no nothing.

Is it legal to sell it as brand new? And is it the proper way to solve it?

Related Stores

Bing Lee
Bing Lee

Comments

  • +10

    They are replacing it, what else do you want them to do for you?

    • +24

      At least say sorry? For wasting my time and the possibility of leaking my personal info to this Thomas?

      • +50

        Sorry

        -Bing Lee

      • -7

        What personal info? If you asked it to do anything important it wouldn't let you, as your voice wouldn't match his.

        He won't know your info, you can't access his without a voice match. Even then you'd just be adding notes in his calendar or some shit.

        • +6

          Haven't seen that feature working. address/phone number? Linked devices accounts?I don't know. But why everyone thinks it is OK to sell it as brand new?

        • @DoyA:

          No, you can't see linked accounts. Nor do you have access to another account's details.

          They're sorting the issue for you, what resolution do you want from this forum? It's not like they refused to help.

        • +17

          @pyramid:if it is an error, I am OK with it. Things happens. But, they did this on purpose, turns out everyone in that store knows it has been used in the store.

        • +9

          @Spackbace: I can see his name at least…I am just asking whether it is common practice to try to sell second hand / ex display things as brand new and hoping the customer would not find out. So I would keep an eye on this in the future.

          And now, it seems to be it is.

        • +3

          @DoyA:
          Thanks for letting us know, I will definitely think twice before purchasing from this store…./s

        • +17

          @pyramid: Shop soiled items are used, and as such could have been offered at a much reduced price. They should have been honest and not have sold it as new to begin with. Sorry is the very minimum they could have done. Waiting for a replacement is simply not good enough. How about a store credit to apologise for the nuisance.

        • +2

          The voice matching thing is far from perfect.

        • @MrMcHairyHead: that's really an understatement.

      • +21

        I'd be majorly (profanity) off too!
        It is a waste of time and money.
        And yes it's false advertising

      • +3

        You care about privacy yet you bought a Google listening device?

  • +10

    No, it’s not legal. I’m not a consumer law expert but it’s likely a breach of the trade practices act and a form of misrepresentation or just contract law.

    At the end of the day, it’s meaningless to you if didn’t suffer any damage. The ACCC would not likely do anything unless it was a systemic or repeated offence.

  • -4

    Its quite possible they knowingly sold you the item & you noticed it & they are gonna rectify the problem.

    Now, can you suggest what else did you want to happen ?

    • +7

      They got no stock and insisted that I bring it back first before they order a new one. Shouldn't it be they get it ready first and I just go exchange it?

        • +11

          Because I got it cheap, so it doesn't matter if they are selling a second hand one because they don't have stock.

          That's good practice, good logic,impressive.

          Now I can sell things at a low price. When I find I am selling it too cheap, I give the customer shit and then offer refund. And I am a good seller because I offer refund.

        • @Spackbace: I ordered from eBay. They don't have stock in THEIR STORE.

        • -2

          @DoyA:

          So, you would've got a refund just FYI, if the staff didn't try to find some sort of solution.

        • +4

          @Spackbace:
          NO, I would have picked up a brand new one from other stores or get one sent to me. And I was not the lucky guy who ordered the last piece. I am just the guy who pick it up last, from that store.

  • +10

    I think this is misleading advertising at the least, if they knowingly sent you a demo/used product. It is definitely not ok. You should at least notify the ACCC this has happened. If they at least sounded apologetic or contrite then I would say let it go. But obviously someone somewhere along the way made a decision to knowingly supply you with a used product without notifying you or offering you options.

  • +30

    Can't work this thread out….if the retailer knowingly forwarded a used item as "new", that's OK?

    And if found out, "I suppose we'll replace it, don't bother us any more" (sotto voce)Damn you for catching us." That's OK too?

    If the OP has reported this as it actually happened….I'd be pissed off too, compensation is due for wasted time if nothing else.

    • +10

      Seems to be OK to many ppl, see the negs i got

      • +8

        Some of these negs are possibly from socks. I certainly don’t think the experience is okay, and several others agree with you.

        • +7

          Then they should be pulled up.

        • +8

          Thanks. The first few replies all backing up the store and the negs I got did make me feel worse..

        • +6

          @DoyA:
          Yeah, pretty dodgy.

        • +1

          @DoyA: I'm with you I think they should have compensated you for the inconvenience & disappointment they caused by sending you a used stock.

      • +2

        Definitely not ok!! If it is advertised as brand new, it should be brand new, free of any defects, and definitely not been used by someone else before.

        Recently had a similar situation where I bought a bluetooth speaker from JB Hifi as a birthday present.

        Opened it and it was covered in dust and has a few scratched. Took it back to JB, explained the situation and got a replacement right away.

    • I'm amazed too, it still seems common practice and commonly accepted to rip people off as long as you eventually put it right once caught.

      I dare say the people who think it's ok, do it themselves to their customers.

  • +4

    I would be rather unimpressed. Especially given that they knowingly sold you a used product and passed it off as being new. Yes they are replacing it, as they should, but what a waste of your time.

  • +7

    I’d be bloody annoyed as well. Used display shop stock is not new. I would be lodging a complaint via there eBay store. A resolution would be at least a sincere apology, along with a $10-20 store card to use in the future.

    • +3

      I agree. Since this is an eBay purchase, you are covered under eBay buyers protection. You don't have to waste your time bringing it in. Let them organize the return for you and have them send you a brand new one.
      And if you spoke with someone on the phone, next time get their name so you can submit a complaint to the corporate.

  • +4

    Is it legal to sell it as brand new?

    no.

  • +3

    And is it the proper way to solve it?

    they're providing a reasonable remedy.

    When I ask them how do they solve this, their reply is "bring it in, then we will order you a new one".

    No sorry, no nothing.

    ask for one when you're there.

  • +8

    What the pickup store should have done, is contact you and advise that they only have one left in stock and is ex-demo stock. Given you the choice to accept it or not. Not just palm it off as brand new. I had a similar thing with Good Guys when I bought a Macbook Pro advertised cheap. The store contacted me first and let me know. I was ok with it as the price was good. It's just common courtesy and good customer service.

  • +2

    Would you have accepted if they had offered 10% refund as a remedy to this hiccup?

    • +2

      Would not take it if I m not there yet, coz I prefer to get brand new ones. Might take it if I m already there to pick it up, coz I don't like wasting time.

  • -4

    I’d want a complete refund and to have the item. Nothing less.

  • +7

    @ pyramid

    How about not sending it out in the first place. Now he has to spend time getting it replaced with a new one, which is what he paid for in the first place. Comments where people make it sound like the OP is in the wrong and he should be happy almighty Bing Lee is making the effort to replace it are uncalled for.

    New means the device has not been turned on.

    Bing Lee should not only apologize, but also compensate OP for the inconvenience. When you sale something you should be honest. This is not optional. It is the law.

    • Making a mountain out of a molehill.

      Contacted the store and got confirmation from their sales that the one I got has been opened up and used in the store. And since they didn't have any stock, they sold me this one as brand new and didn't even say anything when I pick it up.

      A couple scenarios could have happened here. It could be an internal issue. The staff who processed the online order could have fudged the job by packing the demo unit, instead of going through the process of reporting OOS and back-ordering etc. It could be another department/ staff who processed the actual pickup i.e. all they saw was a boxed unit with sticker/ invoice ready to be collected.

      The point here is OP got acknowledgement that it was not a brand new unit, and a remedy was offered (store to order a new one for the customer). Sure it is a waste of time, but I'm not sure why that is not enough to move on? Yes, the situation is annoying, but no one has the right to demand anything more than to rectify the original issue here. "Bing Lee should not only apologize" - who is Bing Lee??? Does the apology need to personally come from someone from head office? Does one really want the generic "we apologise for any inconveniences this may have caused"?

      Surely things could have been worse? Think about the scenario where it wasn't even acknowledged that a demo unit was picked up, and staff was adamant it was brand new. This would have been infuriating for the OP and wasted more time as OP now has to take the unit back, explain to may be more than one person how they found the unit is used etc.

      • +6

        They acknowledge AFTER it was caught. What they offered was "bring it in,we will have a look for you".

        It was not until I show them the evidence I got did they confess it was used. Could it be more dodgy?

        In fact, the guy who gave it to me was the guy who used it.

        • +1

          Agreed. That is indeed dodgy.

          Thanks for taking the time to post your experience on here. People need to be aware of how some stores conduct their business.

    • Exacty right, hes either had to wait for delivery or go into the store and now has to return again to pickup the new one. complete waste of time due to a dodgy salesman

    • +2

      What lead you to this.

      I did not ask for any compensation though there should be one as they did it in a really dodgy way. Knowing it is a used one and still trying to sell it as brand new. Completry wast of my time. Time is money, ok?

      But I did not ask for any compensation. And I think already kind enough to these guys. All I want is they get the new one ready before I go there instead of going there twice to get it fixed.

    • And why shouldnt he want something….. I hope you “just get over it” when a similar raw deal happens to you.

  • +9

    Which store did you picked up from? I picked up mine from the eBay deal at Bankstown earlier last week, got there 10 minutes before closing. When I got back to the car I noticed the sticker/seal looks like it's been peeled before, opened the box and sure enough the power cable looks like it wasn't new from factory. Took it back straight away and they were in a rush to leave but I stood my ground and demanded them to swap, which they eventually did. The guy opened the new one right there as if trying to prove me wrong but sure enough the seal and power cable is brand new.

    Even though they replaced it I'm still not that impressed with their service, they shouldn't try to sell an used item as new. Very deceptive and dodgy.

    • +10

      Banstown Home center. Maybe The one you returned is the one I got.

      • +6

        Thought so, I bet they will keep trying to palm it off until some poor sucker didn't realise their brand new item has been through three person (or more). Very dodgy and I'll not get anything from them again out of principal.

        • +1

          I'll keep that in mind, cheers.

          BL in Burwood seems to be better, bought from them several times with no hassles and definitely no second hand shit.

    • +2

      Seems now we got more evidence.

      • +1

        They took my new box's cover sleeve and gave me the old box's sleeve. Each box have different individual bar code I think. Not sure why they did it (probably so they don't have to rescan it) but the whole act was so dodgy.

        • +2

          Maybe, cos the RFID is unique. Or they just want to make the returned one looks new. And that worked, it was not until I see the other guy's account did I realize it has been used.

        • @DoyA:

          Yes the old sleeve was very scruffy, which was another reason why I suspected it was used before.

  • +1

    Consider buying from Myers next time. They say sorry if they do something wrong . Their return policy is excellent. With regards to Bing Lee ,its not legal if they have knowingly given you a used one . Any customer would be angry when they have ordered and new one and receive one that has been used or say kept as demo. By law demo items are to be notified to the customer and price reduced.
    Consider taking legal action.

    • Seeing OP is in distress, can you help draft up a stat dec and outline the legislations the retailer might have broken first?

      Get real!

  • Get a refund - buy from OW in 3 days for cheaper - bang!

  • -5

    Yes, they made a mistake.

    Yes, they're going to rectify it.

    What else do you want?

    If this is the biggest crisis of your day, count yourself lucky.

    • It wasn’t a mistake.

      It was deception.

      The OP didn’t get what he paid for.

      • -1

        OK, I was responding to the original post (before the long winded conspiracy version).

        Regardless, I think everyone is getting excited and upset over something that isn't that catastrophic.

        The retailer is happy to correct the issue.

        Just seems like a lot of immature, self-entitled brats around here that spit the dummy whenever things don't go perfectly for them.

    • Well you can always say "things could be worse suck it up", but we're meant to be a modern advanced society. Sticking your head in the ground is no way to progress.

  • +2

    Happened to me as well when I bought from eBay. They ordered a new one and I picked it up a week later.

  • good guys does this too…

    Had a receipt from a previous buyer in my PS4 game.

    Get a refund and move on.

    • I guess the logic of all, check everything before you leave the store. If it is not up to scratch ask for a refund or replacement.

  • Get a refund, leave negative rep on eBay and google + and maybe think if getting the google home aka data harvester is worth it

  • This happened when I brought a macbook from myer. I was sold a returned macbook pro that had some guys profile and documents on it. I returned to the store promptly and after an hour or so speaking with the store manager I got a few hundred dollars off and a new macbook. I think its worth a shot escalating it with some higher ups

  • Is it legal to sell it as brand new? And is it the proper way to solve it?

    Probably not legal if it was advertised as brand new. And the proper way to solve it was to get in touch, and get a replacement. Like others have said, if you don't want to wait for a new one, ask for a refund. If you're not happy with the way the individual dealt with your grievance, ask for a manager, or write to head office. Posting here isn't going to help you much.

  • +1

    On another universe, the dude who bought this item before you returned it and lied that he didn't open the box and simply change of mind. Store staff didn't check the box throughout & thought it looked OK. Then they restock it and sold it to the next person who got pissed off and demanded justice.
    Moral of the story, open your mind and find forgiveness even if it means you have to make another trip to the store.
    Why waste too much energy? If you just want an apology, just write a letter to their customer service hotline or FB page and you will get it.

    Regards.

    • In that universe there are probably people worried about real problems such as where their next meal will come from, the health of their family/children.. and whether they will be beheaded or have some kind of device detonate around them.

  • I though that eBay says that you shouldn’t return the item until after you get your refund.

    And, IMO, u shouldn’t have returned the item until after you get your replacement.

    • +1

      That they insisted first is I return back to the store first, then they order a stock, then get me back there to pick it up.

      In which way they may just factory reset the one I returned and try one more time.

      • Perhaps seek a refund then forget this particular store. Put it down as experience.

        A new deal could come along seeing Xmas is around the corner.

      • In my case they said I could use it until they get a new one in to exchange.

  • Now you know why it was a deal

  • Ultimately, get a refund, don't shop there again, leave negative feedback where possible. Eventually they'll get a bad rep and go the way of dick Smith

  • https://www.ozbargain.com.au/node/346826

    Dupe :/

    Item not delevered as promised.

  • Dodgy, rarely bought anything from them
    Was going to buy something from them today on ebay for $630 and $50 cheaper than other retailers
    I think I pass now

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