Hi everyone, would really appreciate some input on the situation I’m in.
TLDR: Mobileciti_estore on eBay Australia say they can't refund me for my product that was returned under warrenty and are only offering me a unfavourable solution/product replacement.
I bought this item on eBay https://www.ebay.com.au/itm/403868400097 on 28 Sep, 2022. As you can see in the listing, the item has 'One-year warranty included. Provided by the seller, consumer guarantees apply.'
The pair I received started playing up and I started a discussion with them on eBay on the 1st of September telling them the problems and that I might need to return them. They offered me some solutions which I tried for a week or two but it still wasn't working properly so I requested to return and get them repaired. This was somewhat annoying as I personally felt the wording they were using at the time was threatening and demeaning, essentially telling me if these aren't broken I would be paying an inspection fee which they wouldn't disclose the amount of which made me worry a bit and also was one of the reasons why I delayed returning it for that week or two trying their solutions. Eventually I figured yes these were broken so I had to return them. They then told me they were refusing to pay for the returning fee which if it was the case where my headphones were in fact not broken I suppose the least I could do would be to pay for the return fee and shipping back but in this case (and they later confirmed) the headphones were broken so it was not my fault at all they needed to be returned.
Anyways I complained for a long time about not wanting to pay for the return shipping as it was not my fault the product they sold me stopped working and it was still clearly under warranty. After being of no help at all and not accepting any solutions or agreements with me, I returned them paying for the shipping. The date was the 20th of Sep when I gave the item to the post office and provided them with the tracking number.
They said thanks and would let me know the updates on it. On the 29th after hearing nothing I messaged them again asking for an update. They replied saying they'd have an update provided to me with the next couple of days. At this point I was still in limbo whether or not they were broken and I'd have to pay extra for anything so I was quite stressed. I followed up after it had gone beyond the timeframe they gave me and it took until the 11th of October to finally reply to me and basically just said, Yep you need a replacement, we don't have a replacement but we can offer you the same headphones in red.
Now they started taking about 5 days to respond back to me emails. The last one I sent the was on the 19th and I still have no reply. But essentially, I told them I did not want the red version and explained to them the colours of these have different prices (which they acknowledged) and that I felt like they were trying to push a cheaper product into my hands to make it easier for them. From this point on they have persistently brought up this red pair trying to convince me even though when I initially responded I clearly said I do not and will not be accepting this red pair. When I try to talk to them to work out an arrangement we both agree with they just say things like… 'we've offered you an arrangement that you are declining'
Aren't I well within my rights to want to receive the same product I sent back to them? Or at the very least come to an agreement on a replacement? This is the second time in this returning processes they have offered me a single solution which puts me at a disadvantage and refused to work anything else out. At this point I just want my headphones back as this process has been going on for over a month now. What can I do? I’ve also asked them for a refund on the product if they can’t provide me with a replacement and in their words they said, “We genuinely understand your desire for a refund, but I must explain that providing a refund at this point is not feasible due to the significant utilization of the item's warranty.” I don’t even understand what that means.
I've asked them if they can just repair the headphones I sent and they just said no and that they don't know if they can supply me with another version of the item I sent back and that basically if I really wanted these headphones I should accept their offer for the red ones. I have expressed to them how I felt their wording and tactics used during this whole process has been making me feel uncomfortable and stressed in a very polite and calm manner but they continue to try and undermine me.
I have also asked them such questions like, will the replacement pair I be receiving also be a as new refurbished pair, to which they completely ignored. They couldn’t even confirm to me the quality and status of the red version they kept suggestion. I've also asked to talk to a different staff member twice because of the way I was being spoken to by the current one which they have again completely ignored.
Sorry for the long ramble but what can I do in this situation?
Is there a TLDR version?