hello ... iPhone sold as new .....not!!! help required

[shajam]

some advice required regarding the sale of an iPhone 4 from ..go mobile ..through the Amazon site advertised as BRAND NEW bought in dec 2013 ..all looked new , sealed etc but few weeks ago screen started jumping , took it into Apple Store and they were able to tell me it was purchased in Shanghai in 2010 and has had 'foreign parts ' put into it probably so it can be sold on to uk or used and re-furbished. and then sold on . So my guarantee with Apple is well and truly over and because there is foreign parts in it they won't touch it to repair it and say ' it is dying'
As far as I'm concerned I have been sold a refurbished phone but it was advertised as brand new. with a brand new price tag too,,!! I and Amazon have tried to contact go mobile but am told they have gone out of business and basically that is it. ...is there really anything I can do about this ????

[mystery1]

Re: hello ... iPhone sold as new .....not!!! help required

Credit card ?

M1

[des8]

Re: hello ... iPhone sold as new .....not!!! help required

Amazon marketplace purchases excluded?

[shajam]

Re: hello ... iPhone sold as new .....not!!! help required

thanks for your reply ... yes credit card. a friend of ours actually purchased this for my husband as it was present for me for Christmas so unfortunately he's been the one emailing Amazon etc as it was purchased through his account ... s

[shajam]

Re: hello ... iPhone sold as new .....not!!! help required

thanks for reply. Amazon says "when you buy from marketplace it neither sells or fulfils your order so they are not in a position to replace or refund " they give you 90 days to file a claim with them regarding guarantees on transactions and as this time has passed I need to deal directly with seller !!

[Kati]

Re: hello ... iPhone sold as new .....not!!! help required

Credit card ?

M1

thanks for your reply ... yes credit card. a friend of ours actually purchased this for my husband as it was present for me for Christmas so unfortunately he's been the one emailing Amazon etc as it was purchased through his account ... s

are you thinking chargeback M1??

[mystery1]

Re: hello ... iPhone sold as new .....not!!! help required

are you thinking chargeback M1??

Never crossed my mind to be honest but it may be an option.

I was thinking of s75 claim against the card company.

M1

[des8]

Re: hello ... iPhone sold as new .....not!!! help required

I don't think chargeback or s75 claims can be done for amazon marketplace deals.

[Kati]

Re: hello ... iPhone sold as new .....not!!! help required

Amazon Marketplace Returns and Refunds - http://www.amazon.co.uk/gp/help/cust...nodeId=1161010
and - http://www.amazon.co.uk/gp/help/cust...ref=hp_left_v4

[Kati]

Re: hello ... iPhone sold as new .....not!!! help required

Although, maybe the A-to-Z Guarantee would be worth looking at?? - http://www.amazon.co.uk/gp/help/cust...3900#different

When is an item considered to be 'materially different' than what the seller advertised?

If a seller has clearly misrepresented the condition or details of an item in a way that affects its value or utility, it is materially different and the seller should be willing to offer a refund or exchange. If the seller does not offer a refund or exchange, the buyer is eligible to claim under the A-to-z Safe Buying Guarantee.
When submitting an A-to-z Safe Buying Guarantee claim with the reason materially different, the buyer selects one of the following reasons:

• Wrong version or edition
• Item condition or details not as described
• Wrong item
• Missing parts or components
• Defective item
• Damaged item

They also provide comments explaining why the item they received is materially different from the item they purchased.

[mystery1]

Re: hello ... iPhone sold as new .....not!!! help required

I don't think chargeback or s75 claims can be done for amazon marketplace deals.

Why not ?

M1

[des8]

Re: hello ... iPhone sold as new .....not!!! help required

Why not ?

M1

Because the payment is not to the seller but to a third party facilitator.
From Which http://www.which.co.uk/consumer-righ...mer-credit-act
There are some transactions where Section 75 may not apply - these include some online payment services as well as purchases from cash withdrawn on a credit card. Examples include Amazon Marketplace purchases.
Also applies to Paypal purchases.
The loading of money onto Amazon or paypal accounts is the credit/debit card transaction, not the purchase of goods.

[mystery1]

Re: hello ... iPhone sold as new .....not!!! help required

Because the payment is not to the seller but to a third party facilitator.
From Which http://www.which.co.uk/consumer-righ...mer-credit-act
There are some transactions where Section 75 may not apply - these include some online payment services as well as purchases from cash withdrawn on a credit card. Examples include Amazon Marketplace purchases.
Also applies to Paypal purchases.
The loading of money onto Amazon or paypal accounts is the credit/debit card transaction, not the purchase of goods.

http://www.bailii.org/ew/cases/EWCA/Civ/2006/268.html

I think Which are wrong, but it remains to be seen for such transactions whether a court agrees with me that that case also applies to paypal et al or Which are correct.

M1

[des8]

Re: hello ... iPhone sold as new .....not!!! help required

well I hope you're right M, but MSE; thisismoney; and lots of others say sec75 doesn't apply to eg Paypal, amazon etc.
However I did find a reference to a court of appeal that went the other way I'm now trying to find that case

[shajam]

Re: hello ... iPhone sold as new .....not!!! help required

Although, maybe the A-to-Z Guarantee would be worth looking at?? - http://www.amazon.co.uk/gp/help/cust...3900#different

amazon have stated the a-z guarantee time frame is 90 days in which to make such a claim and this has passed so need to deal directly with seller ...