Schoolboy error by myself. e-bay.

[SOD'EM]

Hi guys. I have a Samsung Galaxy S5 and thought it would be a good idea to get the Galaxy Gear (watch) to compliment it. I looked online and looked up the lates model. That was the Galaxy Gear 2. Looked at a few sites and found one that was reasonably priced and available from the Uk at £162.80. I looked at the specs on other websites previously, and seen that the Galaxy Gear 2 has a built in camera (my main reason for getting it), so I ordered it.

 

I recieved it today and noticed that this one has no camera. This is no fault of the seller because in his specs description, there is no mention of a camera. I had read there was a camera from another website. The model I have bought is the SM-R381, but the one I needed is the SM-R380. One number out. I know the returns laws are different for mobile devices, but do I have any chance of returning this. I have opened the box because all the boxes just say 'Galaxy Gear 2', and all look the same.

 

Thanks in advance.

[MaxxPower]

Was it a business seller or personal seller?

If a business seller then the Distance Selling Regulations give you 7 days to return the product for a refund, even if opened, however since it's just a change of mind I think you would need to be liable for the cost of return postage if they have that in their terms and conditions.

[SOD'EM]

This is the item. Looks like a business.

 

http://www.ebay.co.uk/itm/NEW-SAMSUNG-GALAXY-GEAR-2-NEO-WEARABLE-SMART-WATCH-CHARCOAL-BLACK-WATCH-4-GB-/181446415643?pt=LH_DefaultDomain_3&hash=item2a3f0c951b

[nohope]

They are a business but based in Hong Kong.

You should be able to return it but make sure they give you there UK address to return it to.

 

I think postage should be covered by you as its not there fault or yours, just a model number mix up.

[silverfox1961]

Hi

The distance selling regs changed (this week I think) as you now have 14 days.

 

 

this from the ebay seller

 

Customer service is important to us. Please email us if you have any issues or before leaving negative feedback and we will try our best to rectify. For all returns queries, please email us via eBay Messaging System. We offer a 14 day no quibble returns policy. 1.0 - If you no longer want the product you purchased, kindly send an email from the eBay system. Please note the item has to be in its original condition as received and unopened. For security and health and safety reasons we will not be able to accept returns of products that have been used. 1.1 - If the item is faulty, we will give you an option to choose for a full refund or replacement item to be sent. 1.2 - Please note that the buyer is responsible for the cost of return postage in any instance if purchased in error. We will only refund or replace item that is returned back to us.

 

10% RE-STOCKING FEE APPLY - NO REFUND IF SEAL BROKEN !

 

they are not allowed to do this so if they refuse a full refund, raise the issue with Ebay. You will be responsible for the return postage costs though as it was bought in error

[SOD'EM]

Thanks Silverfox. They obviously have dispatches in UK as it was next day delivery. They say in their T's & C's if it is opened, they cannot refund. I have broke the seal because all Galaxy Gear 2's have the same box. It is only the sticker they apply to the box that differentiates the things inside. Looks like I could be stumped

[silverfox1961]

No, that clause can be ignored. You have to be able to examine the goods so you have to break the seal. As soon as they state no refund, raise it with Ebay.

 

Email the seller saying you want to return it and they cannot refuse. The item must have been in the UK for it to be next day delivery. Any return address anywhere on the packaging?

[SOD'EM]

Yes. The address is in Birmingham. Are you sue I can still return it after the seal is broken?

[silverfox1961]

Yes. The address is in Birmingham. Are you sue I can still return it after the seal is broken?

 

You need to contact the seller first to explain your error and get them to agree a return. This covers you as if you just sent it back with no contact, they may return it to you. They may give you an RMA (a returns number and authorisation) with a returns address.

 

They cannot force you to send it back unopened. How are you supposed to examine the stuff if you cannot open it!

 

A thread from 2010

http://www.consumeractiongroup.co.uk/forum/showthread.php?260962-Distance-Selling-Regulations-Return-of-Item-in-quot-as-new-quot-condition

 

From June this year, the regs changed slightly.

 

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

 

and this

 

http://dshub.tradingstandards.gov.uk/dsrexplained

 

The statement saying no refunds is illegal.

[SOD'EM]

This is their reply to my returns quest. I have a feeling they are going to try and get out of this. They don't mention the seal, but do mention that it has to be not tampered with in any way.

 

'Dear Customer, It seems you bought wrong item, you bought the Galaxy GEAR 2 NEO which doesn't come with built-in camera. We would be happy to accept your return but the items must be in resalable condition with no damage, marks or scuffs and must be in the original packaging including the original manufacturer's box inserts, documentation, warranty cards, and all accessories. To warrant a full refund, do not, in any manner, tamper, mark, or deface original manufacturer's box. Our return address is: Dynamic-Express Unit 24 Bizspace Business Park Kings Road, Tyseley Birmingham B11 2AL Please mention your eBay I.D and reason for return. Best Regards '

[Bandit127]

In other words - we will accept the item back with the seal broken. But the packaging must all be there and in resellable condition.

 

Looks like a result to me (as long as the packaging is not damaged or missing).

[SOD'EM]

Everything is as it should be. Thanks guys. I will let you know how it goes.

[Bandit127]

Most established ebay sellers don't want a negative feedback so don't be too precious.

 

But - just in case - take some photos of the resellable condition of the item and the packaging. I am pretty sure you will never need them, but they will be good evidence if you need to raise a dispute with ebay.

[silverfox1961]

Don't forget. You want the total price paid in refund. Do not let them get off with the 10% restocking fee.

 

If you have any bubble wrap, use that and I agree with fully documenting the wrapping up of the parcel

 

Some people would say that proof of posting is enough. In this case I suggest special delivery as you can prove they received it

[The GodMother]

In correct re the DRS.

The DRS DOES NOT apply here as the DRS only applys to sales ON or BEFORE 12th June 2014. As of the 13th June the Consumer Contract regulations came into force.

 

Sod'em this is the which guide to the new laws. http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

[SOD'EM]

Well, just recieved an unexpected response from the seller after paying £7.15 to return the item.

 

We received your return due to you intended to buy the camera version, but you returned the smartwatch with broken seal which breach our return condition therefore we extremely regret that we are unable to accept your return, would you please let us return the item back to you.

 

I sent them this. I hope I was right.

 

Thank you for your reply.

 

I had to break the seal to see that it was the wrong item. I have also took advice before sending it back to you. If you would like to check up all legal matters regarding Sales Of Goods Act, and Long Distance Selling Act, you will find that you haven't got a leg to stand on (regardless of your Terms & Conditions). If you refuse to refund me, I will have no alternative but to bring it up with ebay.

 

Regards

 

SOD'EM

[silverfox1961]

I wouldn't bother responding. Just raise the case with Ebay.

 

Even though the seller is based abroad (with an outlet in the UK) they are selling to this market and as such have to abide by the regs. This distance selling regs are there for you to examine the goods to ensure they are right for you.

 

How can you examine without breaking the seal. Ruddy muppets.

[The GodMother]

Had a issue with a seller re a no refunds issue. l am getting my refund after issuing a claim.

[SOD'EM]

Will give them a couple of days to reply. I will then esculate the claim with ebay. Thanks all.

[ericsbrother]

stuff ebay, go straight to a paypal dispute Was the item sent signed for? If not then you may well lose, whether paypal or ebay dispute as they require proof of delivery. The emails saying they have received it will come in useful later but dont mean much at the moment.