Am I expecting too much??

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lawrenceots

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Lawrence
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I bought an Invisible Shield off ebay last week, as you can see in the correspondence below, I'm not happy. Names etc have been changed.

What do you advise? I'm not happy throwing away some £15 for a rubbish product that doesn't even fit.



From: Sales <Sales@morpethmobiles.co.uk>
To: noname@noweher>
Sent: Tuesday, 20 April, 2010 11:47:10
Subject: RE: Checkout Instructions for eBay Fixed Price UK, 360250904608 - Sony Ericsson Xperia X10 Full Body Invisible Shield

Hi Lawrence

Unfortunately you can&#8217;t obtain a refund as you have installed the shield. This is unfortunate but there is nothing we can do. The item is of no use coming back to us as used

Best Regards

David Noname
Trade Sales Manager

www.morpethmobiles.co.uk
www.batterybud.co.uk

From: nowhere
Sent: 19 April 2010 11:12
To: Sales
Subject: Re: Checkout Instructions for eBay Fixed Price UK , sdfghjklsd - Sony Ericsson Xperia X10 Full Body Invisible Shield

Hi David,


How am I supposed to get a refund then?

Regards,

[/I][/B]
Lawrence

From: Snowhere
To: anywhere
Sent: Monday, 19 April, 2010 11:09:15
Subject: RE: Checkout Instructions for eBay Fixed Price UK , sdfghjk - Sony Ericsson Xperia X10 Full Body Invisible Shield

Hi

We can&#8217;t refund you if the item has been applied to your device

It would have been in your best interests to contact us as soon as the item was received so we could have replaced the order

Best Regards

David Noname
Trade Sales Manager

www.morpethmobiles.co.uk


From: nowhere
Sent: 15 April 2010 13:36
To: Sales
Subject: Re: Checkout Instructions for eBay Fixed Price UK , asdfghjkl - Sony Ericsson Xperia X10 Full Body Invisible Shield

Hi, I received this this morning and am not happy at all. The packaging was all damaged and the plastic protectors were all bent. I tried to apply it, however even when following the instructions, it never went on the phone correctly. Also the side protectors are not the right size at all, and don't line up properly with the buttons.

I wish to have a refund please.

Thank you.

From: "sales@morpethmobiles.co.uk"
To: nowhere
Sent: Monday, 12 April, 2010 10:45:04
Subject: Checkout Instructions for eBay Fixed Price UK , asdfghjkm,l; - Sony Ericsson Xperia X10 Full Body Invisible Shield

Dear lawrencecs,

Congratulations, you've won the following auction(s):

eBay Fixed Price UK Item #yegshakertiuwknd
Sony Ericsson Xperia X10 Full Body Invisible Shield
Price: £15.95
Quantity: 1
Inventory SKU: hywfdjk
Date: 12/04/2010 18:44:54


Please take the time now to complete the purchase of your merchandise by clicking on this link:
 
Last edited:
Raise a dispute with eBay saying the item was damaged on arrival and unusable. Keep all emails intact and if possible keep the packaging as well.
 
Thanks, I have opened a dispute with paypal now. :)
 
You'll most probably be expected to return the item using a tracked service at your expense.

You should contact the seller and point out the DSRs so you don't lose out.

Any probs, call Consumer Direct on 08454 04 05 06 (Welsh-speaking advisers available ;)), as they are your gateway to Trading Standards.
 
photon said:
You are allowed to try the product under the Distance Selling Regulations.

You are entitled to a full refund including postage and return postage.

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf -- see sections 3.47; 3.57; 3.58.
Click to expand...

I think that the part of the regulation that applies in this case is Regulation 13 section 3.38 and 3.58

3.38 Unless you have agreed that they can, your consumers cannot cancel if the order is for:

goods that by reason of their nature cannot be returned

and

3.58 The DSRs allow consumers to examine goods they have ordered as they would in a shop


If something arrives in the mail damaged the best course of action is always to contact the seller immediately, but you shouldn't use/install the item in the meantime.
 
Last edited:
3.41 The first question to consider is whether such items fall under the
exceptions listed at paragraph 3.38, for example goods that by reason
of their nature cannot be returned. The DSRs do not define this
category any further but we consider this exception to apply only
where returning the goods is a physical impossibility or where they
cannot be restored in the same physical state as they were supplied.
This exception may apply, for example, to items such as latex or
nylon clothing which could become distorted once worn.

I don't know enough about the product to judge whether the above
applies, but Lawrence also says "the side protectors are not the right
size at all, and don't line up properly with the buttons." so he is also
rejecting the item as unfit for purpose.
 
:lol::bonk: I thought this was going to be a joke about an invisible ebay product along the same lines as an air guitar. I was expecting it to say somewhere 'I tried your invisible shield and now my phone is broke'
 
photon said:
3.41 The first question to consider is whether such items fall under the
exceptions listed at paragraph 3.38, for example goods that by reason
of their nature cannot be returned. The DSRs do not define this
category any further but we consider this exception to apply only
where returning the goods is a physical impossibility or where they
cannot be restored in the same physical state as they were supplied.
This exception may apply, for example, to items such as latex or
nylon clothing which could become distorted once worn.

I don't know enough about the product to judge whether the above
applies, but Lawrence also says "the side protectors are not the right
size at all, and don't line up properly with the buttons." so he is also
rejecting the item as unfit for purpose.
Click to expand...

From what I gather, and I stand to be corrected, these are self-adhesive panels, so once applied to the phone, they "cannot be restored in the same physical state as they were supplied"


 
If paid via PayPal, the dispute is opened and goes through them.

Description from MorpethMobiles:

Sony Ericsson Xperia X10 Invisible Shield Full Body Screen Protector

Your search for a(n) Sony Ericsson Xperia X10 case, skin, or cover is now over. The invisibleSHIELD&#8482; is an exceptionally clear and virtually indestructible film that will protect your Sony Ericsson Xperia X10 from unsightly scratches. Our exclusive nano-memory&#8482; technology covers and shields your device, keeping it as pristine as the day you took it out of the box.

The precision pre-cut invisibleSHIELD applies directly to your Sony Ericsson Xperia X10, providing the toughest, most durable protection you will find. The invisibleSHIELD has its origins in the military, where it was used to protect high-speed helicopter blades from dust, dirt and debris. Now you can use that same powerful technology to protect your Sony Ericsson Xperia X10.

The invisibleSHIELD is only .2 millimeters thick making it the slimmest Sony Ericsson Xperia X10 skin or Sony Ericsson Xperia X10 cover of its kind. It is so tough that we back it with a lifetime guarantee. So, if it ever does wear or scratch, we will replace it for free, for the life of your device. And if you ever need to remove the invisibleSHIELD, no problem; it comes off clean and leaves no sticky residue.

They need to add a returns exclusion if they're not prepared to stand by their products.
Even so, if it doesn't fit correctly...
 
yeah, it definitely doesn't fit. The strips supposed to go along the side are too long, and don't math the curve of the phone.

Thanks for all the advice, I'm now just awaiting a response. tbh, I thought it'd be a lot better, from what I've read this stuff is excellent.
 
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