Advise with problem buyer?

dirtyrider · 03-07-2009, 07:11 PM

I sold a mini phone to some1 on ebay, this is their 1st message.

hello xxxx,

I have a crack in the screen of my phone, from my pocket where the pen must have pushed the screen hard enough to crack the inside. Is there any chance of using the 1 year warranty to get this fixed. I cant use the touch screnn for anything.

look forward to your reply, where i have to send the phone and other details.

Thanks

I said its hardly my fault that you broke the phone in your pocket is it(i was nice about it)
So i then get this message``
hello xxxx,

I am currently on holiday.

The phone was in all the protective holder which was supplied with the phone. I have not even removed the film from the screen yet.

The phone is obviously not upto scratch. If the phone is going to break every 2 minutes in someones pocket. It is under warranty I would like this phone either repaired or refunded please.

I purchased this phone from yourself, could you please organize the place where i have to send the phone to repair under it's warranty.

I will send the phone to the given address on Wednesday 8th July 09 when I come off my holiday.

Yet again i said its not my or the phones fault and how can you claim on a warranty for a cracked phone in a pocket?
This is the latest message``

I will be instigating the rights of my purchase.

I am offering the final suggestion that you sort out this problem which I purchased from YOU not your drop ship website you are trying to get rid of me on.

I have no other option upon another rejection or reply by the Wednesday 8th July 2009, that if no agreement is made that I will be opening a case at the small claims court against you, which will be for the full fee of the phone and court cost, also additional fee dependant on how long it takes for this matter to be resolved.

I do NOT want to take this route although I will if I have too.

Do any of you have any suggestions on what i should do?
The phone was purchased from a good supplier on here, i really think she is trying it on.
Or is it my fault the phone broke in her pocket??
What chance would she have with the small claims court?

Cheers guys.

Ultravox · 03-07-2009, 07:14 PM

You need to refund her or offer a replacement.
Phones should not crack by simply being in her pocket. If my phone cracked, I'd be demanding a repair or refund.
I suggest you send her an apologetic email offering either a refund or to repair the phone and then get it done.
Otherwise she is well within her rights to take this to the small claims court, especially given you offered a one year warranty.

dirtyrider · 03-07-2009, 07:18 PM

Quote:

Originally Posted by Ultravox

You need to refund her or offer a replacement.
Phones should not crack by simply being in her pocket. If my phone cracked, I'd be demanding a repair or refund.
I suggest you send her an apologetic email offering either a refund or to repair the phone and then get it done.
Otherwise she is well within her rights to take this to the small claims court, especially given you offered a one year warranty.

Doesnt a warranty cover manufactures faults???
Does a cracked screen by a pen pushing on it in a pocket warrant me replacing it?

Ultravox · 03-07-2009, 07:22 PM

The phone cannot be of any quality if it has broken, in the pocket, with a pen.
Was it one of James Bond's titanium pens? It could be that this phone is a one off and had a poor screen.
You can't, however, offer a one year warranty and then decide what you'd like that to cover if someone claims.
Bite the bullet, refund or repair.

dirtyrider · 03-07-2009, 07:25 PM

Quote:

Originally Posted by Ultravox

The phone cannot be of any quality if it has broken, in the pocket, with a pen.
Was it one of James Bond's titanium pens? It could be that this phone is a one off and had a poor screen.
You can't, however, offer a one year warranty and then decide what you'd like that to cover if someone claims.
Bite the bullet, refund or repair.

Ok i respect your view, thanks.
Does anyone else agree with this?

dirtyrider · 03-07-2009, 07:26 PM

The phone was an A07 that was bought from an advertiser on here, are they known for poor workmanship?

Ultravox · 03-07-2009, 07:28 PM

Can I ask, when did the buyer purchase the phone?

dirtyrider · 03-07-2009, 07:31 PM

Quote:

Originally Posted by Ultravox

Can I ask, when did the buyer purchase the phone?

It was bought on 14/06/09
I bought 10 off a well known advertiser on here, i have had 1 returned to me as it was described as faulty and i replaced it no probs.
Just thought the buyer was tying it on as she broke the phone herself.

Ultravox · 03-07-2009, 07:35 PM

Unless she purposely pressed a pen against her phone with such force that it cracked (which you'd have a hard time proving) then perhaps you might be able to hold out on a refund.

**PCDropship** · 03-07-2009, 07:39 PM

I would get it returned but offer a disclaimer basically saying that they can return it where it will be inspected. Also state that if it is found not to be a warranty repair you will charge them postage for the return of the phone.

If it simply cracked it will be a nice straight crack.

If it was due to pressure it will be multipul cracks

It is then done to you to refund or return as then you would have done what is legally obliged.

Also take pictures of the phone if you do not replace under warranty.