Just bought a XV6800 off ebay but complications arose... - Page 2

**weedahoe** · #11 (**permalink**) 01-12-2009, 12:03 PM

Im not saying the wrnty will transfer if that Q was directed to me. IDK if it will but I DOUBT it will. Car wrntys dont transfer. If all refurbs from Asurion came with a 12 month deal then A LOT of would have upgrades by now.....

azrael201 · #12 (**permalink**) 01-12-2009, 08:13 PM

well the seller hasn't emailed me back yet so i have no idea ...

plagueboy · #13 (**permalink**) 01-12-2009, 10:15 PM

You should mail him a letter within 30 days of the auction indicating that the item you received is non-conforming and you won't accept it as fulfillment of the contract. Offer to store the piece of crap he sent you by mistake for a reasonable time, and ask him to send you a new phone as described in the contract or negotiate something you can live with.

**weedahoe** · #14 (**permalink**) 01-13-2009, 08:18 AM

Quote:

Originally Posted by plagueboy

You should mail him a letter within 30 days of the auction indicating that the item you received is non-conforming and you won't accept it as fulfillment of the contract. Offer to store the piece of crap he sent you by mistake for a reasonable time, and ask him to send you a new phone as described in the contract or negotiate something you can live with.

Im sorry, whats non-conforming about it. Everything in the pic is wrapped in its own plastic. You can get any more new that that. And as far as Ive read, the OP doesnt even have any technical issues with the device. Its working just fine.

azrael201 · #15 (**permalink**) 01-13-2009, 04:53 PM

on the contrary i don't even have the phone yet. the seller is MIA now as of two days. I'm contemplating filing a complaint with paypal now... i think the warranty card was too good to be true.

**No1ustad** · #16 (**permalink**) 01-13-2009, 06:29 PM

well first check whether it's designated as refurb via the way that was told in the first few posts, if it is, you have your paypal claim. if not, well, you paid too much either way.

http://boston.craigslist.org/nwb/ele/990865384.html

not sure what city ur in, so i just went with a random city.

azrael201 · #17 (**permalink**) 01-13-2009, 07:17 PM

thanks i'm just going to have to file a claim with this person. the person can probably read all this on the forum since i have the same handle as ebay

i just feel like on craigslist there's less security at least with ebay you have paypal disputes and such.

plagueboy · #18 (**permalink**) 01-13-2009, 08:35 PM

Quote:

Originally Posted by weedahoe

Im sorry, whats non-conforming about it. Everything in the pic is wrapped in its own plastic. You can get any more new that that. And as far as Ive read, the OP doesnt even have any technical issues with the device. Its working just fine.

I'm confused. The OP said in his first post that he was naive to think that it was new. In his second post, he previously thought it was brand new (as if he no longer thinks this). Then he mentioned cosmetic marks? Now the OP is stating that he doesn't even have the phone yet?

azrael201 · #19 (**permalink**) 01-13-2009, 09:31 PM

i was disagreeing with someone and saying that the price could vary if there were cosmetic marks.

the phone i bought i have the link in the first post.

Imaginos · #20 (**permalink**) 01-14-2009, 07:58 AM

If he still hasn't responded, you could give him a little longer. People sometimes take vacations (I hear..). I'm still not clear on what the final call is. Is this a refurb? Did it come to you with a retail box and all accessories? Or did it show up in the typical white refurb box?

As for online sales..
Personally, I'm not a fan of ebay and I certainly don't care to use paypal.

I bought a Touch Pro through craiglist in the Boston area recently too. Personally, I prefer to deal locally, and in person. In the case of a phone, fully inspect it and check all functions. Get the seller's info, including a photo of a drivers license or such (I did - used the new phone to do it as a test of the camera/mem card).
We activated the phone on the spot and added insurance. All went well.

If not, I can always call the guy and see if we can quickly resolve any probs. Failing that, cmall claims court - I have all the info needed to take that road if need be.