eBay

Bought a phone from eBay for my dad's birthday present. It was of course described as "new", however when it came in today the box was worn and torn slightly and the screen protectors had scuff marks. Bare in mind this is from an actual eBay mobile seller, and not some random private seller.

I've obviously sent them a message and they want me to send it back to be replaced, but his birthday is in 2 days and it won't be back in time. As a result, i do not want to sent it back, and will not be doing so.

Now I'm obviously withholding my "feedback" for them pending their actions, but AFAIK i am well within my legal writes to dispute the Paypal transaction (should it ever come to this) based on it not being EXACTLY as described; by eBay's definition, "as new" means it is unused, unopened in it's original packaging.

I've basically told them "I'm not giving positive feedback because I'm obviously not happy with this, and I'm not sending it back. What are you willing to do to rectify your mistake, without me sending it back?". Has anyone been in a similar scenario before? Should i be expecting anything to happen from this or not? Would i actually win a Paypal dispute?

If it makes a difference, I sent a message to the seller when i first purchased it, and i told them that it is a birthday gift and as such i expect everything to be in it's original packaging. Would Paypal accept this as a fair reason behind me not sending it back?

Sadly, no. You won't be getting a replacement / refund / any action from paypal without sending the phone back.

The only way for you to win a dispute is by returning the item.

sucks man, i hate paypal too.

It's not such a big deal, it's pretty much just the box that is a litle worn, everything else seems "new", I'm just annoyed that it was advertised as being sealed and unopened.

Oh well :P

Paypal is full of Bull Shit. Someone scammed me for a domain. I called them, a chinese man(from china) working for PayPal answered. They say you can't claim a dispute because of insufficient evidence. I'm so disappointed with their service. IMO, I don't recommend using Paypal, but a fact is that it's universal known.