eBay Seller Sold Damaged Replacement Device as 'Brand New' Tried to Force Me to Accept It

Lcheckingthisout on 30/08/2019 - 20:30
Last edited 02/09/2019 - 09:37 by 1 other user

Update:

Apple rang me and said they’ve been investigating the device.
Apple devices can only be activated by opening the device.
Device was delivered to me on 22nd August
Device was first activated/opened 17 July (5 weeks before me)
Apple believes it’s possible the device was refurbished/repaired/replaced.
Then sold to me as 'Brand New' in hopes the consumer wouldn't notice.
Replaced/Refurbished/Repaired devices do not hold the same value as 'brand new' devices
So for the store, withholding that was in their best interest

And

Apple devices that arrive “Damaged on Arrival” are replaced
It’s easy for any supplier to do so with Apple
You cannot replace a refurbished device
You absolutely cannot replace a third party repaired device

No wonder the seller bailed when I said I wanted the device back to investigate with Apple/ACCC.

Was the damage on the top casing done during any replacement/repair?

I don't know yet.

PROOF: https://imgur.com/a/Ectbjs1

TLDR: Seller lied about selling a brand new macbook, it was damaged and replaced, tried to force me to accept it, once i said i wanted the ACCC involved, seller tried to get out of the sales transaction by refunding me, but no money has arrived and that doesn't mean they didn't commit a crime.

I purchased a 'brand new' MacBook 15"

Seller said it was in original condition, sealed, never activated and brand new as if from an Apple store.

Arrived and was damaged with a scratch

Rang Apple and Apple notified me the device was activated 5 weeks before my purchase

Get a call from Apple and Apple states the only way to activate a device is to open it and setup

Apples confirms refurbs and replacements keep their old warranty, stating it's likely it could be replacement or refurbished device

Seller gets item on Tuesday, by the Friday, still Apple and myself calling each day to ask for a replacement, each day seller says "we can do a replacement"

By Friday afternoon, seller still hasn't begun the replacement process, ignores me for a replacement

Friday afternoon i ask for the item back and to take it up with consumer affairs and Apple as i am unhappy i was sold a misleading product

Seller try's to initiate a refund and cuts of contact

Still don't have money in my PayPal or bank account and the computer is still at the seller.

Computing

closed Comments

  • payton on 30/08/2019 - 20:33
    +119

    Just take the cash and run?
    Do you really want to deal with them further?
    Christ

      • juzza87 on 31/08/2019 - 09:04
        +1

        I could maybe understand wanting a case that attaches to the device to reduce scratches but why would you need a screen protector on a non-touch device?

        • SaberX on 31/08/2019 - 10:43

          Do people usually advise getting a screen protector on touch devices? Got a reasonable new hp spectre x360 and it never crossed my mind until you mentioned it now.

          • moonphase on 31/08/2019 - 12:16

            @SaberX: Depends on the screen but after time, you may find that the glass get wear and tear.

      • psdillon on 31/08/2019 - 12:50
        +1

        I've been in the same boat when Appliances Online sold me a TV during a 20% off ebay sale, then after the sale told me it was out of stock. Because the sale ended I missed out on the 20% I could have gotten from a different seller. Very dodgy & frustrating, but nothing I could do about it. They then offered me a lower model TV at a terrible price without even a token discount.

        All you can do is acknowledge how dodgy they are, accept the refund and move on.

        • checkingthisout on 31/08/2019 - 12:52
          -1

          Yep, that's one of the issues. Lost out on the % used due to getting a damaged item. Can't reuse the discount. Oh well.

    • cktftw on 31/08/2019 - 11:53
      +17

      They probably sensed you're a pain in the *** and decided it's easier to refund than to deal with you for months to come

      • checkingthisout on 31/08/2019 - 12:53
        -6

        Or they knew that they sold me a device that was damaged, had been activated and thought someone would accept it and i just happened to be the consumer who wouldn't accept a damaged not brand new device that was sold as brand new. Days of telling Apple and I a replacement can be done. Once i said ACCC they bolted? Couldn't possibly be that the store was dodgy? Right?

        • ozoner on 01/09/2019 - 15:47
          -1

          Comments like this make ME want to sell you secondhand goods as new… You got a freaking refund. Move on, buttercup.

      • checkingthisout on 01/09/2019 - 11:02
        -1

        They sold me a replaced/refurbished/repaired device as was confirmed by Apple today.

        You can only activate a brand new apple device by putting in the icloud account or by turning the device on and following through the setup process.

        So no, they lied to make money.

        But i'm a pain in the ass. Ok.

        https://imgur.com/a/Ectbjs1

        Proof i got it August 23rd but was originally purchased by someone else and opened/repackaged in July.

        • akyeeeahdude on 02/09/2019 - 16:25

          I'm had a similar experience purchasing a new iMac from an authorised Apple Reseller. Could you please confirm what company you purchased this from (PM is OK, if you prefer)?

  • Hybroid on 30/08/2019 - 20:34
    +25

    Yes, if you agree to it. You got a full refund, time to move on.

      • Hybroid on 30/08/2019 - 20:35
        +32

        The fact you returned it to the seller means it's in their possession and they can offer a refund or replacement as they deem appropriate.

          • Hybroid on 30/08/2019 - 20:37
            +12

            @checkingthisout: Nope. The item isn't in your possession anymore once returned. Assume they dropped it by mistake and it broke the screen. Move on.

            • checkingthisout on 30/08/2019 - 20:38
              -4

              @Hybroid: Couldn't they just send me a new/replacement item then? Why tell Apple they can replace it. Then refund it once i say i'll take it the ACCC. Seems odd.

              • Hybroid on 30/08/2019 - 20:39
                +4

                @checkingthisout: They could, but not obliged to at all. Assume they don't have any replacement stock available.

                • checkingthisout on 30/08/2019 - 20:39
                  +4

                  @Hybroid: Hmm, well then, because of the refund, i've lost hundreds of dollars by picking the wrong eBay seller and getting a dud.

                  • Hybroid on 30/08/2019 - 20:41
                    +13

                    @checkingthisout: C'est la vie. You win some, you lose some. It's also the perils of buying expensive stuff off random eBay sellers. Generally not regarded to be a smart idea.

                    • checkingthisout on 30/08/2019 - 20:43
                      +5

                      @Hybroid: Not a random business though, 20 year Apple authorised reseller. Who just happens to be a bit dodge. C'est la vie indeed.

                  • Collies80 on 30/08/2019 - 21:03

                    @checkingthisout: I mean technically you haven't lost any money since you got the refund. you lost the potential of saving possibly hundreds of dollars on a preplanned purchase.
                    How much did you pay vs price from apple if you don't mind me asking?

              • HighAndDry on 30/08/2019 - 21:01
                +27

                @checkingthisout: You threatened them with ACCC. Why would they risk sending you back the unit or a replacement that might lead to you making more complaints?

          • whooah1979 on 30/08/2019 - 20:42
            +1

            @checkingthisout: Like Hybroid said. The seller has good and there is little you may do about it.

          • qwerty on 30/08/2019 - 20:46
            +6

            @checkingthisout: https://www.accc.gov.au/consumers/consumer-rights-guarantees…

            you can ask for an option but seller can pick refund or repair

              • Hybroid on 30/08/2019 - 20:49
                +4

                @checkingthisout: That's within their rights which is what I said above.

                https://www.moneysmart.gov.au/media/347756/kit-acl-factsheet…

                Minor – it can be fixed within a reasonable time.
                You must give the store the chance to fix the problem.
                They choose whether to refund, repair or replace.

                  • HighAndDry on 30/08/2019 - 21:08
                    +16

                    @checkingthisout: What you think is irrelevant. You mentioned following the ACL - well follow it and respect that the seller can choose to just refund you. End of.

                      • XanderYuan on 31/08/2019 - 15:15
                        +1

                        @checkingthisout: https://www.legislation.gov.au/Details/C2013C00004/Html/Volu…
                        there you go, maybe take a look at schedule 2 Australian consumer law s 261 and s 263
                        s 56 Guarantee relating to the supply of goods by description
                        s 261 How suppliers may remedy a failure to comply with a guarantee
                        s 263 Consequences of rejecting goods

                        You can interpret the law yourself i'm not going to make any comments

                        • checkingthisout on 31/08/2019 - 15:16

                          @XanderYuan: Thanks mate

                          • XanderYuan on 31/08/2019 - 15:18

                            @checkingthisout: especially s 263
                            (4) The supplier must, in accordance with an election made by the consumer:

                                             (a)  refund:

                          (i)  any money paid by the consumer for the goods; and

                         (ii)  an amount that is equal to the value of any other consideration provided by the consumer for the goods; or

                 (b)  replace the rejected goods with goods of the same type, and of similar value, if such goods are reasonably available to the supplier.
                            • checkingthisout on 31/08/2019 - 15:22
                              -2

                              @XanderYuan: 263 is interesting. Can you find anything that says the store decides, from what you sent, everything i've been told in this thread is wrong and it seems if i didn't ask to terminate the sale (return to me) then by terminating the contract without my consent. It doesn't follow this.

                              The termination takes effect:

                                               (a)  at the time the termination is made known to the supplier of the services (whether by words or by conduct indicating the consumer’s intention to terminate the contract); or

                 (b)  if it is not reasonably practicable to communicate with the supplier of the services—at the time the consumer indicates, by means which are reasonable in the circumstances, his or her intention to terminate the contract.
                              • XanderYuan on 31/08/2019 - 15:25

                                @checkingthisout: as i said i would not comment on the law but the tool is there, things related to everyday transactions with consumer contracts are in this legislation, you can interpret the legislation yourself and BTW asking stuff about law on ozbargain is not going to give you accurate results, have fun reading

                                • checkingthisout on 31/08/2019 - 15:29

                                  @XanderYuan: Thankyou so much, i can interperate how i like. Which i might be biased, but i think it answers HighAndDry, of which he or she is not a lawyer.

                                  But (4) The supplier must, in accordance with an election made by the consumer:

                                  That goes against any and all of his argument.

                                  The other argument about ownership is true only if the item is sent back as a 'return' and the item was never sent back as a 'return' it was sent back for review as is policy to check items.

                                  Thanks!

                    • XanderYuan on 31/08/2019 - 15:19

                      @HighAndDry:

                       (4)  The supplier must, in accordance with an election made by the consumer:

                 (a)  refund:

                          (i)  any money paid by the consumer for the goods; and

                         (ii)  an amount that is equal to the value of any other consideration provided by the consumer for the goods; or

                 (b)  replace the rejected goods with goods of the same type, and of similar value, if such goods are reasonably available to the supplier.
                      • checkingthisout on 31/08/2019 - 15:24

                        @XanderYuan: Anywhere that states anything other than this below? To me, looks like they canceled the contract, not me. I didn't ask for it to be cancelled. Interesting.

                         (2)  The termination takes effect:

                 (a)  at the time the termination is made known to the supplier of the services (whether by words or by conduct indicating the consumer’s intention to terminate the contract);

                        Will keep digging.

                      • checkingthisout on 31/08/2019 - 15:35

                        @XanderYuan: Jesus @HighAndDry, shat all over me about it being 'the stores choice' care to explain the above?

                • checkingthisout on 01/09/2019 - 11:12

                  @Hybroid: They sold me a replaced/refurbished/repaired device as was confirmed by Apple today.

                  You can only activate a brand new apple device by putting in the iCloud account or by turning the device on and following through the setup process.

                  I got the device in a sealed box. So it looked 'brand new' but it wasn't and that's something i'd expect from a gumtree seller. Not a business.

                  So no, they lied to make money.

                  The device came activated, damaged and without a full years warranty on arrival.

                  https://imgur.com/a/Ectbjs1

                  Proof i got it August 23rd but was originally purchased by someone else and opened/repackaged in July.

                  I asked all the right questions and double checked to make sure it was

                  Brand new!
                  SEALED
                  ORIGINAL
                  Full warranty
                  I was told, yes, yes, yes. I got something else.

                  Completely against ANYTHING you've all told me, that i am some entitled prick that just gets the ACCC because i didn't get what i wanted.

                  • Hybroid on 01/09/2019 - 20:31
                    +1

                    @checkingthisout: You have now completely changed your story, title and description from the issue of being refunded (when you apparently didn't want a refund for a blemished case) to now saying it wasn't a new device and that's now your issue. Regardless, whatever it may be, I'm not getting into a protracted trollfest with you anymore, so kindly don't bait me back in.

                    You got a full refund, sucks lost out of discount voucher but it happens. Move on.

                    • checkingthisout on 01/09/2019 - 20:35

                      @Hybroid: I don't mind man, i didn't know the whole story, i got a call from Apple today, they said there is no way the device can be 'brand new' they activate them on first setup, or from the Apple store, first purchase.

                      I haven't received my refund. I can't 'move on'. Don't have a computer or a refund.

                      Cheers anyway

  • follow on 30/08/2019 - 20:43
    +10

    A mark on the casing is a minor fault, so it's at their discretion to refund, repair or replace.

    • checkingthisout on 30/08/2019 - 20:44
      -7

      Sure, but if i ask for the unit back, can they refuse and refund? That's the question. Just because it's in their hands, doesn't mean it's their property. I still own it. They don't get to decide what happens to that unit whilst i own it.

      • follow on 30/08/2019 - 20:47
        +3

        You don't have the choice anymore. You sent it in to remedy the fault. Just my take. ACCC/Fair Trading may say otherwise. Strange case, normally it's the other way around.

        • checkingthisout on 30/08/2019 - 20:54

          Sure is strange, only reason i wanted it back is that Apple seemed welcoming to the idea of a replacement outside of the seller and the seller screwed that by taking the item without asking me.

          • HighAndDry on 30/08/2019 - 21:02

            @checkingthisout: It's not up to Apple. You didn't buy it from Apple.

            • checkingthisout on 30/08/2019 - 21:03
              -1

              @HighAndDry: "Consumers are entitled to approach manufacturers directly for a remedy."

              https://www.accc.gov.au/business/treating-customers-fairly/c…

              • HighAndDry on 30/08/2019 - 21:04
                +3

                @checkingthisout: Where does that say Apple gets to decide what happens when you've already sent the unit back to the seller?

                • checkingthisout on 30/08/2019 - 21:05

                  @HighAndDry: I contacted Apple 4 days before sending the unit and Apple rang the store multiple times to advise they should replace/repair the unit.

                  • HighAndDry on 30/08/2019 - 21:05
                    +4

                    @checkingthisout: And again, nowhere does it say Apple gets to decide what the seller does. Apple can advise whatever they want. Show me where the seller has to listen.

                    The ACL just says if you SENT IT BACK TO APPLE, Apple also has a duty to repair it. You didn't do that though.

                    • checkingthisout on 30/08/2019 - 21:08
                      -6

                      @HighAndDry: That's not what the ACL says. It says i as the consumer can approach Apple directly for a remedy directly from Apple as it is their device. Which is what i was going to do but the seller took the item instead of returning it, like i asked. Did you read above?

                      • HighAndDry on 30/08/2019 - 21:08
                        +12

                        @checkingthisout:

                        but the seller took the item

                        No, you sent the item back to the seller. YOU approached the seller.

                          • gromit on 31/08/2019 - 09:53
                            +3

                            @checkingthisout: You asked the seller to accept a faulty item, they have no choice legally. They MUST accept a returned faulty item once you ask them to do so, at that point you have passed the decision about how to remedy the situation to them. What you agreed to or were promised by Apple is irrelevant.

      • DashCam AKA Rolts on 30/08/2019 - 21:05
        +3

        Once you've sent it back, it is their choice as to repair, replace or refund under consumer law. They have followed a perfectly legal action, refunding you the exact amount they received for the item. You no longer own that item.

        The conversation between Apple and the retailer is purely hearsay, unless you were a party to the actual conversation, and as a result is irrelevant.

        • checkingthisout on 30/08/2019 - 21:07

          Apple offered to pay for the repair. Their words "We can work with the seller on their service fee. To have the unit repaired/replaced"

    • hypie on 31/08/2019 - 04:38
      +5

      Hybroid is correct. This is a minor fault. The seller is well within their rights under ACL to just refund, repair or exchange if that is the case. You do not have any strong grounds for further compensation as this was all dealt with quite promptly and I doubt you have records of productivity loss.

      If you have a minor problem with a product or service, the business can choose to give you a free repair instead of a replacement or refund.

      The above does not define whether the seller needs to ask you before refunding. I think it is best practice to ask the buyer what they would prefer (given that returning stock has its costs as well - this "Brand new item" is no longer brand new and can't be sold as such.

      If the problem with a product or service is minor, you must accept a free repair if the business offers you one.

      If the business offers you one…. If they don't, you get a refund.

      You can find more than enough information on the ACCC website (search ACL). If you don't know how to do this contact your state consumer protection organisation.

      As also mentioned. You could have had this rectified by the manufacturer. They are also obligated to help under ACL.

      I saw below you tried to argue this was not a minor fault. Mate this is the definition of minor fault. However selling the item as new when it is actually 1 month old is not a fualt. It is deception. The approprriate remedy is a immediate refund. They probably did this to stop you from asking more questions about why they were selling a previously activated macbook as new. Once activated it is near impossible to hide this.

      I mean like someone said, you are a new member. But I think you could take some responsibility on yourself to Google the law before starting the thread. Stop asking people for citations on a law that is deliberatelu vague. The answee to your situation is still clearly outlined in the ACL guides online.

      If you would like to question my authority sure, im just another ozbargainer. Ive had these atguments with the same people previously about ACL and most of them disagreed with me. This was determined incorrect by consumer protection WA. However not this time.

      Also to every other ozbargain lawyer.

      You can't threaten ACCC. That is a government dapartment. They also don't mediate these situations as OP implied, they do take complaints. You need to contact your local consumer protection advocacy. You can't even threaten ACL. As it's the law. You are requesting the organisation to abide by the law in this country. This has nothing to do with threatening people. You can't threaten someone to abide by a Law. It is a Law for that reason. The law doesnt just come into action when you have a complaint, it exists when any good or service is sold in Australia.

      P.s. this may not be appropriate to your cass. But if I sold you a fully sealed MacBook. Then you came back telling me it was scratched. If you didn't have evidence, I would probably tell you to get stuffed.

      The amount of times smashed tv's would come in… "it was cracked when I got it"… "oh those fingerprints over the crack, They were also there when I got it. "Oh the usage meter says it has been running for 2 weeks…". People lie.

    • checkingthisout on 01/09/2019 - 11:13

      They sold me a replaced/refurbished/repaired device as was confirmed by Apple today.

      You can only activate a brand new apple device by putting in the iCloud account or by turning the device on and following through the setup process.

      I got the device in a sealed box. So it looked 'brand new' but it wasn't and that's something i'd expect from a gumtree seller. Not a business.

      So no, they lied to make money.

      The device came activated, damaged and without a full years warranty on arrival.

      https://imgur.com/a/Ectbjs1

      Proof i got it August 23rd but was originally purchased by someone else and opened/repackaged in July.

      I asked all the right questions and double checked to make sure it was

      Brand new!
      SEALED
      ORIGINAL
      Full warranty
      I was told, yes, yes, yes. I got something else.

      Completely against ANYTHING you've all told me, that i am some entitled prick that just gets the ACCC because i didn't get what i wanted.

      • hypie on 01/09/2019 - 19:47

        Completely against ANYTHING you've all told me, that i am some entitled prick that just gets the ACCC because i didn't get what i wanted.

        You made this thread to argue that the business was breaching ACL because they refunding you without asking you the appropriate remedy. This was clarified by numerous individuals.

        And for the new argument… you are welcome.

      • ExtraSalt on 02/09/2019 - 10:48

        In my experience, refurb products are never in sealed full-retail packaging. they usually come in brown boxes (as such when i got my ipad and iphone replaced couple times in the past)

  • spackbace on 30/08/2019 - 20:51
    +56

    You threatened ACCC, basically putting them into a corner. They refunded you so they wouldn't have to deal with you any more.

    I'd probably do the same

      • spackbace on 30/08/2019 - 20:59
        +26

        You threatened it. Regardless of what they're there for, rather than just going straight to them you decided to threaten.

        So they got rid of you

        • checkingthisout on 30/08/2019 - 21:00
          -8

          So i shouldn't use the ACCC? Is the ACCC now considered a threat?

          • HighAndDry on 30/08/2019 - 21:03
            +11

            @checkingthisout: You said you'd contact the ACCC. You obviously meant it as a threat to force them to do what you wanted. They decided they didn't want to play.

              • HighAndDry on 30/08/2019 - 21:05
                +23

                @checkingthisout: No, they didn't want to play with you. The consumer law says they can just give you a refund instead of risking you stuffing them around more.

                • checkingthisout on 30/08/2019 - 21:10
                  -7

                  @HighAndDry: You're still not pointing me to the wording that affirms it's THEIR choice to decide WITHOUT confirming with the consumer first.

                  • HighAndDry on 30/08/2019 - 21:13
                    +18

                    @checkingthisout: Unless the law says they have to confirm with you, they don't have to. Hybroid's already linked it above: seller can choose to give you a refund. The whole point that they choose is that they don't need to confirm it with you.

                    If you get to veto it or not confirm it, it's not them choosing anymore, is it?

                      • viper8548 on 31/08/2019 - 02:58
                        +2

                        @checkingthisout: most law states what is required to do, not what isn’t required.
                        if there isn’t a law stating they don’t need to confirm for a refund meaning there’s no need to.

                        if they need to state every thing not required even theinternet wouldn’t fit.

                        get it?

                      • bmerigan on 31/08/2019 - 21:15
                        +8

                        @checkingthisout: You're very clearly a pain in the ass. I think they made a good call.

                  • savage bargain on 31/08/2019 - 10:06
                    +3

                    @checkingthisout:

                    You're still not pointing me to the wording that affirms it's THEIR choice to decide WITHOUT confirming with the consumer first.

                    Page 13 under Minor Failure:

                    The seller can choose to offer you a refund, replacement or repair.

                    You literally do not get a choice. There is no confirming with the consumer as the consumer does not get any input.

                    If you wanted what Apple was offering, then you should have sent it to Apple; not the seller. Once the seller gets it, how they resolve it is up to them.

                    • checkingthisout on 31/08/2019 - 21:23
                      -4

                      @savage bargain: That is NOT correct. Again, so many people wrong. Took a day to debunk the junk in here.

                      A Minor issue is something like a loose thread on a shirt. Or a tyre that can be replaced easily.

                      Any and all whitegoods/electronics should not arrive damaged/scratched and should have warranties set from the date of purchase.

                      Mine came damaged and 5 weeks lost.

                      The ACCC is very clear about that:

                      See below Consumers choice.

                      ACCEPTABLE QUALITY:

                      "acceptable in appearance and finish – for example, a new toaster should be free from scratches"

                      No scratches at all on new devices. No marks. Nothing that doesn't resemble. BRAND NEW.

                      MINOR:

                      "Minor failures
                      A minor failure is where a problem with a product can be fixed in a reasonable time and does not have the characteristics of a major failure (see "Major failures" above).
                      Minor faults do not initially allow the consumer to reject the product and demand a refund, replacement or compensation for the difference in value.
                      When the problem is minor, you can choose between providing a repair or offering the consumer a refund or an identical replacement (or one of similar value if reasonably available).
                      If you have identified a minor fault, but have not been able to fix it within a reasonable time, THE CONSUMER CAN CHOOSE to get the job done elsewhere and charge you the reasonable costs of this repair.
                      "

                      I chose to take the matter up with APPLE/ACCC.

                      MAJOR:

                      "A major failure with a product is when:
                      a reasonable consumer would not have bought the product if they had known about the problem. For example, no reasonable consumer would buy a washing machine if they knew the motor was going to burn out after three months
                      the product is significantly different from the description, sample or demonstration model shown to the consumer. For example, a consumer orders a red food mixer from a catalogue, but the mixer delivered is green
                      "

                      I would not have spent my money on a product that wasn't brand new in warranty length and had no damage. If i had known prior i could have made that choice. If i clicked 'buy now' even after knowing that choice it would be on me.

                      I asked the seller PRIOR to buying the product and the seller told me the device has 1 YEAR WARRANTY. Not 10.5 Month. 1 YEAR.

                      https://www.accc.gov.au/system/files/Electrical%20%26%20whit…

                      ACCC states, even the wrong colour as being Major. AKA buy a White car, get delivered a Blue car.

                      https://www.choice.com.au/shopping/consumer-rights-and-advic…

      • ExtraSalt on 02/09/2019 - 10:53
        +1

        but you used the ACCC for what it's basically there for (at it's most basic form) which is to use the ACCC and general ACCC knowledge to threaten the business to meet you halfway or to your benefit. In reality it worked because the ACCC threat allowed you to return open (essentially used) goods for a full refund….i don't see how you are losing here….its a $3500 laptop you would've gotten at a bargain of $2500…it just didn't work out so you are back at square one…it sucks i know…i'd be mighty pissed off and overwhelmed but you got the best result. Go buy it instore…go get OW to pricebeat iFrog…go somewhere that is a bricks and mortar store,

    • viper8548 on 31/08/2019 - 03:01
      +2

      ^ this.

      instead of going back to the seller to solve ur issues first you threatened them with ACCC. If i wasn’t in the sellers shoes i would do the same, thinking even if did replace it for you you will find something else small to pick on and threaten for partial refund / negative feedback

      • checkingthisout on 31/08/2019 - 21:13
        -1

        Mate, i contacted the seller every day for a week! Apple contacted them every day for a week! Everyday we were told "Yes we can do a replacement". But not ONE DAY did they actually begin the process of that replacement…..

        Talking absolute smack. ACCC was the LAST resort. NOT the first.

    • checkingthisout on 01/09/2019 - 11:14
      -2

      They sold me a replaced/refurbished/repaired device as was confirmed by Apple today.

      You can only activate a brand new apple device by putting in the iCloud account or by turning the device on and following through the setup process.

      I got the device in a sealed box. So it looked 'brand new' but it wasn't and that's something i'd expect from a gumtree seller. Not a business.

      So no, they lied to make money.

      The device came activated, damaged and without a full years warranty on arrival.

      https://imgur.com/a/Ectbjs1

      Proof i got it August 23rd but was originally purchased by someone else and opened/repackaged in July.

      I asked all the right questions and double checked to make sure it was

      Brand new!
      SEALED
      ORIGINAL
      Full warranty
      I was told, yes, yes, yes. I got something else.

      Completely against ANYTHING you've all told me, that i am some entitled prick that just gets the ACCC because i didn't get what i wanted.

  • garetz on 30/08/2019 - 20:56
    +7

    You should be happy that they gave you a full refund, they probably value their time more than what it would take to take it back to apple and get it fixed then send it back to you versus the money they are making on it, so decided wasnt worth the hassle.

    • checkingthisout on 30/08/2019 - 20:57
      -3

      They refunded the money sure, but with the eBay coupon and eBay plus % off i lost the eBay parts worth hundreds of dollars. So i no longer can get a discounted MacBook because i used these on the seller.

      • garetz on 30/08/2019 - 20:58

        At least half the discount is propably paid for by the seller, they took that into account in the refunding i am sure.

        Unfortunately outside of your control.

      • SnoozeAndLose on 30/08/2019 - 21:05

        Did you use gift card too?

        • checkingthisout on 30/08/2019 - 21:11
          -4

          And eBay Plus discounts, which are now gone and cannot be used on other items. So total loss is roughly $400-500

          • HighAndDry on 30/08/2019 - 21:13
            +8

            @checkingthisout: Hahahahahaha, sure.

              • spackbace on 31/08/2019 - 22:26
                +2

                @checkingthisout: 'Gone'? It's 1 of many coupons that eBay offer every month. It wasn't just your coupon. It'll come around again and so will the Macbook.

                You're so wound up over this. You got a Macbook with a scratch. Through a lot of fkn around, it got refunded. Apple couldn't make that laptop new again no matter how much you mention calls to Apple.

                You have your money back in your account, ffs just wait till the next sale it won't be far away! This wasn't some unicorn

          • SnoozeAndLose on 30/08/2019 - 21:35

            @checkingthisout: so you are stuck with > $1000 gift card in your account.

            • checkingthisout on 30/08/2019 - 21:36

              @SnoozeAndLose: Na nothing in my account, i asked eBay and they're looking into it. But the discount expires today and the refund takes 3 business days or so.

              • SnoozeAndLose on 30/08/2019 - 21:40

                @checkingthisout: Why? If you use gift card it will refund back to the card and eBay refund is instant.

                • checkingthisout on 30/08/2019 - 21:41

                  @SnoozeAndLose: All i see is "pending" from PayPal, seller did the refund outside of eBay.

                  • SnoozeAndLose on 30/08/2019 - 21:44

                    @checkingthisout: Outside of eBay? Why PayPal refund is pending? Very interesting

                  • ExtraSalt on 02/09/2019 - 10:58

                    @checkingthisout: if the refund is via Paypal then you 100% didnt use GC lol…what story are you trying to wind up now?! GC would never be refunded in Cash form…not in-store and especially not online.

                    • checkingthisout on 02/09/2019 - 12:09

                      @ExtraSalt: GC is what? You use PayPal via eBay, seller refunded outside of eBay back to the PayPal email. Usually a refund or PayPal is instant, If it's a few days old, why not the store just send me proof via email or eBay. They've not even bothered to do that, they know both of these. That's standard practice.

          • pwnd on 02/09/2019 - 13:20

            @checkingthisout: In the screen shot you provided it shows the coupon was $200…?

      • ExtraSalt on 02/09/2019 - 10:55
        +1

        it was a promo…though i get where you are coming from, you didn't "LOSE" anything financially, it's just resulted in you missing out on a sizeable discount on what would've already been a great purchase without.

        • Fancy on 02/09/2019 - 11:02
          +1

          Is this Op's feedback on ebay, if so it sounds like Op left feedback after happily received the item.

          Shipped well. Trusted business. Would have
          like tracking. But still A OK

          • ExtraSalt on 02/09/2019 - 11:08
            +1

            @Fancy: i'd love to hear the other side of the story..i can understand why they are so wound up (i would be too) but there comes a time when you've got to be real. return and full refund is a good result imo. I think ACCC threat worked as they hoped it would in getting a refund. I wonder if OP expected this much backlash when they first posted…

Login or Join to leave a comment
Login Join