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akes2090

BidOrBuy is biased, impartial and goes against their own T&Cs

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akes2090

Hi,

 

This is my first post here and unfortunately it is somewhat of a "negatively" oriented topic. My user handle is "akes2090", I have been a member since 2009, have 100% positive ratings achieved through 91 transactions and also BoB verified.

 

On 23 January 2015 I purchased the following items from a seller named "The Speed Gonzalez":

 

* Blackberry 9300 Complete Housing - Various colours (bidorbuy ID: 171834805) @ R99, and,

* BlackBerry Curve 8520/9300 Model C-S2 Battery (bidorbuy ID: 173018947) @ R119;

+ Courier @ R55 & Insurance (3% of total sales = R6.55) = R61.55

----------------------------------------------------------------------------------------------------------------------------------------

TOTAL PAID on 24 January 2014: R279.55 (Transaction ID 4372092, Payment ref: 3KCRWT

) as per Order ID 8454327

----------------------------------------------------------------------------------------------------------------------------------------

 

I received the items promptly, well packaged, no damages to the box and at first sight everything seemed to be in order. I inserted the battery into the cellphone - and it showed up as completely dead (red sign through battery image as displayed by phone), it wasn't charging at all. I thought it could possibly be the charger that was being used and tried another - result was the same. Then I tried again using my laptop with a USB cable - again in vain. It was now evident that this was a faulty/completely dead battery. I also noticed a red line on the white sticker next on the top but didn't pay heed until only a few days ago I read that it meant it "water damage". So in actual fact - this seller is selling damaged batteries as "New".

 

With that aside - I proceeded to try fitting the housing. There again - I didn't get far as the internal contacts between the genuine BlackBerry and this generic housing weren't aligning and seemed to be 'off' by roughly 0.7mm - 1mm. Also, the small plastic "lip" part that fits below the space key, had a "flimsy" contact that would snap off if clicked in and also showed some kind of heat or stress applied to it (white against black plastic).

 

It was then that I contacted the seller to request a refund. We proceeded, and it seemed that the matter would be resolved and we could part ways amicably. I sent both of the items back to the seller on the 01 February (parcel identifier: PA277915513ZA), and according to SAPO tracking it was collected from the seller's local post office on 11 February. The seller then contacted me with dubious pictures - of a dirty,well used keyboard as part of a worn housing, stating that was not what was sent by him/her. He/she obviously used another used/damaged unit to pretend that was what he/she received. How dirty, dishonest and conniving! It didn't really bother me though as I took pictures before the items were sent - in case it would be lost/damaged in the post and I would have to pursue a claim as there was an insurance option taken.

 

I then lodged a claim through BoB's Buyer Protection Programme (lets call it BPP for short) with ticket reference RKX-333-87048. The claim was rejected and the reason stated was that the BPP does not cover damaged goods and I would need to either sort out the matter with the seller (as if I didn't already try and would have lodged a claim otherwise??!!) or open up a claim at the Small Claims Court.

 

Now if one looks at the BPP T&Cs (Buyer Protection Programme Terms and Conditions specifically states under the 3.3 Extent of coverage, point 3.3.2.2 "the condition of the Item purchased has been misrepresented" - which has been the case as I purchased an item listed as "New" not "damaged" nor "dead". Further 3.3.2.3 "the Item is missing certain parts and /or key features" which is also the case as you need a battery that can be charged and you need the housing to be aligned to the inner contacts. Logical right?

 

Even further under 3.4 Exclusion of coverage, point 3.4.16 states "3.4.16.Goods that are damaged, lost or stolen in transit or post are not covered by the bidorbuy Buyer Protection Programme terms and conditions (for this you need to find out the policy of the shipping carrier or courier and make separate arrangements if necessary)". Now logically - if it was damaged via transit (which it wasn't as the box was in perfect condition upon receipt), I would have claimed from the courier as an insurance option was taken when I purchased the items. Like how can transit damage cause a battery from not charging..or how can the damage be caused to something which doesn't make it align properly - yet have perfect aesthetic appearance? Illogical right?

 

Lastly, up till today - the seller hasn't refunded a red cent (in terms of the original payment of R279.55 + postage back to him/her). He/she was upset with a neutral rating left by myself. As if you would honestly expect me to leave positive feedback for the crap that was sent to me and the inconvenience caused?? Even then a neutral rating was probably lenient I would think.

 

So as far as I am concerned - in terms of the BPP, this is a perfectly valid claim (in terms of the above reasoning and proof availed) that BoB is trying to distance itself from. After all they have earned commission through the sale - and would want to keep it. What is sad about the whole story is that - BoB's failure to act means that a Seller can get away with almost anything and the BPP (that they seem to be so boastful about) isn't even worth the pixels that light up your monitor.

 

Would be interested in hearing the views of other BoB'ers.

 

 

Kind regards

akes2090

Edited by akes2090

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johan

Hi Akeel,

 

The reason for the claim being denied is that there is currently a dispute between buyer and seller. Through out this whole process the seller is in contact with you, the seller has indicated to you when you approached them with a problem that they are willing to resolve this and to refund you. They asked you to return the items to them which they are entitled to do.

 

Correspondence from the seller when informed that the items are not working.

 

Good day.

 

Please note that in order to return the items, both need to be in perfect brand new condition as they were sent.You can only post them back via normal post trhu the post office, ( not speed please), I will refund the R 35 thatthe post office changes.Please don't forget to send me the tracking number, I can only refund once I receive the items.

 

Post toxxxxx xxxx

Po box xxx

xxxxx

21xx

 

My apologies for any inconvenience.

From the buyer protection program we stipulate the following in this instance:

 

Buyer Protection Programme Terms and Conditions

 

3.6.1.8. should bidorbuy be unable to determine if the Item is as described, does not match the listing description, the Buyer will need to return the Item back to the Seller or if the Seller agrees to a return, the Buyer must return the Item for a refund;

 

3.6.1.9. the Buyer must return the Item in the same condition in which it was received;

 

3.6.1.10. Items must be returned using a tracking number and insured at the Buyer’s cost to avoid any further issues;

 

And this is where the problem is, The seller is claiming that the item returned to them was not the item they sent to you in the first place. This has happened before that the wrong item was returned to seller either in error or deliberately. That being said it has also been claimed by a seller that the item received was incorrect and these claims in the past has been made either in error or deliberately. We have been offered very little in evidence from either party. What we have is mail correspondence between both parties and below is the part where the seller responded to you after receiving the return.

 

Good day

 

I have receive the package, thanks, however I find out that the blackberry housing is broken, DUSTY,DIRTY ,LOOKS USED– I can assure that it wasn’t sent LIKE THAT , it’s definitely not ours, and the broken part as well. I even compared theparts with another housing that we have here and something does not look right.will refund the money for the battery + postage and the fees that you have paid for returning the items. I have attacheda pictures.

 

Regardsxxxxx

 

This is the current predicament facing bidorbuy in this case:

 

So far the seller has offered to pay for the return of the battery and the shipping but not the housing. They have confirmed receipt of the items and are disputing that the one item returned is actually the product they sent you. We have a claim with no photographic evidence to back up the case. We have a buyer and a seller that are both in contact with each other who can not come to an arrangement.

 

This would be a dispute in our view which we feel is something that the buyer and the seller can resolve.

 

Should you have further evidence to support your claim please reply on the ticket originally used to open the claim and we will investigate the matter further. We will not process a claim without clear evidence to support the version of events put to us in the claim.

 

I hope that you understand our process and that we have a responsibility to both buyer and seller in this case to ensure that the decision we make is fair.

 

Regards,

 

Johan

 

 

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akes2090

Hi Johan,

 

Thanks for the feedback and explaination however there are 4 things that you still miss:

 

1) The issue can no longer be resolved between buyer and seller - he/she is claiming I sent back something other than what was sent to me and I am claiming that this is conjured up hogwash. BoB needs to act as a "mediator" of sorts.

2) The irony is - how can the seller readily accept the battery (if he/she didn't know it was damaged/faulty in the first place) but not the housing? If the seller knew what he/she was sending - wouldn't I have at least received a good, fully functioning battery? Logical deduction - nothing here was checked in the first place...so how can you so confidently know the condition before sending and upon return??

3) As stated in the original ticket - I have photographic evidence in HD clarity - showing what i sent back and the condition thereof..all I need is some place/ direct e-mail address (not those claim.. or hello.. mailboxes!!!) that I can upload pictures about 3MB each in size. No one in BoB has responded in this regard.

4) You even state yourself that the seller at some stage agreed to a partial refund for the battery, courier and post costs - has this been done yet?? No. So what is the basis of you feeling that this can be resolved amicabally? Isn't this a contravention of the BPP (3.6.1.8 and 3.6.1.10 specifically) ?

 

The main focus here is no longer on the money (maybe only 40% because at the end of the day I want it back - i deserve it..and I am rightfully entitled to it) .. instead I want justice to be done, so that no other BoB buyer will ever find himself/herself in such a predicament again. Yes - its only a paltry R300 more or less after taking into account all costs..but I will leave no stone unturned. That's because I know for a fact that the seller is dishonest and conniving - and will not let him/her get away with it.

 

Regards.

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akes2090

Now this infuriates me even further - how can people be so dumb??

 

This morning I noticed the above-mentioned seller opened up 2 SNCs (for the items stated above). The comment for both was

 

"Please remove your neutral rating and send me your banking details for the refund of the battery.Thanks"

 

 

1. If you recall - I made payment 1 day after the auction/sale..all the facts and details relating to payment are in the first post. How can one open up a SNC - if the buyer paid?? Really -can one be so stupid? (A part of me tells me to let this person keep the money as a donation towards fees for a shrink)

2. This amounts to either revenge/blackmail - rating is something that cannot be influenced - each individual is entitled to his/her opinion based on their individual experience. Further the rating is neutral - does this person realize that neutral ratings have no effect on their overall standing/rating? If anything she should be grateful..

Was he/she expecting a positive rating? What on earth for?? 1. I get sent crap, 2. You resort to dishonesty and dubious pictures to make me look like a damn liar and fraud, 3. I must take time to re-package, stand in a queue in a post office and waste more money to send back the crap to you?? And to top it all you still open up a SNC?? Hell will freeze over before I change my rating and in fact, this whole saga tempts me so much to change it to a negative.

3. If the seller had any bit of intelligence or logic...he/she would have opened up a SNC for the housing only - that is only what is under dispute as he/she has admitted guilt to a crap battery..and even then an SNC doesn't really help as I paid for the items.

 

The SNC should only hold if a refund was made and this case it hasn't. Not only is this person trying to swindle me but now also trying to get refunded his/her success fees. At this point lets do some math - the courier (insurance inclusive) cost was R61.55, postage + insurance for sending back to the seller was R31.80, success fees would be credited so no cost there...so in all which the seller stands to lose in the case of a full refund is R93.35 - is it just a co-incidence that the housing cost R99 which would cover all "losses"? Or is it a carefully considered ploy to exploit the BoB system and the buyer for selling damaged junk and still coming out with a profit??? I will let you as the reader decide.

 

Enough is enough. I think it takes no rocket scientist to see what is going on here. If BoB can't see something that is glaring - you obviously are biased towards sellers and really - your mind is already made up no matter what proof you have. Also, kindly stop asking me to reply to tickets - you and I both know that you want this to be concealed from the general public and in the end it will be swept under the rug.

 

Say it here - let everyone see how you handle this.

Edited by akes2090

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johan

Hi Akeel,

 

I have opened a support ticket addressed to both of you that I will be looking at where I have asked for some information to compliment what I already have.

 

The ticket is there to make it easier to collate the information from both parties. You are more than welcome to post your ticket replies on this post so that nothing is "swept under the rug" as you put it.

 

I have also retracted the SNC's as they should not be filed and I have advised that on the ticket. This is because this matter is in dispute and not resolved.

 

We will only process the SNC if the seller can prove to us that the items have been refunded, and if the cause of the transaction falling through is out of both buyer and seller control or that buyer was at fault. In this case I think the latter would be a bit of a stretch :-)

 

I hope we can resolve this quickly and to satisfaction.

 

Johan

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akes2090

Hi Johan,

 

Thank you for that and also for being fair..I have replied to the ticket with all the necessary proof on my part.

 

I trust this will aid in your 'dilemma' and reaching a conclusion.

 

Thanks

 

Kind regards

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