Seller refused my return. What should I do?

[jerichodanger]

I've ordered an iPhone X in late September, everything was fine until I've discovered a speck of dust in one of the cameras two weeks later. I guess I can’t see it because that speck of dust kept moving from time to time. I’ve noticed that I’ve passed the "14 days" return window (More on that later), but I still try to email them to see what they can do for me. And they said it's already more than 14 days so I can't return the phone. Fine. But since I bought the phone through PayPal, I try to open a dispute to see whether the buyer's protection can help me in my situation since my phone is defective. However, PayPal said it’s a warranty issue between me and the seller, and then closed the case in their favour. Fine. However, when I was wandering around their website, I saw one of the paragraphs in the terms of use (not in the returns policy) says "If for any reason you are unhappy with your goods received, you can also cancel your order within 14 WORKING DAYS (also known as the cooling off period) after receipt of goods and ask for a refund or replacement." After seeing this, I checked on the date that I first send the email to them, and it is on the 13TH working day. I quickly emailed Wowcamera noting about this policy, but they said there’s nothing they can do for me as PayPal had decided the dispute on their favour, and completely ignored my question. THE WORST PART IS, I checked the website on the next day, THEY'VE DELETED THE WORD "WORKING DAYS" TO ONLY "14 DAYS". It is an absolutely terrible thing to do. I called PayPal and talked to the supervisor about this problem, but they said they can’t do anything for me as this is between me and Wowcamera, they can’t do anything even if they’ve changed their return policy. What should I do instead of going to apple to fix it? As I don't really want to repair my phone that is only a month old by now.

[nevadasmith]

if you have used your credit card,then file a chargeback

[jerichodanger]

No luck. They can't help me either because I'm using Paypal to pay.

[nevadasmith]

if this is a brand new phone,did you register with the manufacturer?

are they licensed dealer?

does it come with warranty card etc?

[kernowlass]

@jerichodanger

Contact the company and state that unless you get a full refund on return of item then you will file a claim in the small claims court.

Sometimes the threat works BUT if you have enough proof then do it anyway, its an easy enough process and you can file online.

If you return it make sure you do so trackable so you have proof of delivery IF you are going to try that route.

[jerichodanger]

Do I have the chance to win the claim? I do have the screenshot of the terms of use showing the "14 working days" phrase, and I do send them an email in the 13th working day, but do they really have to obey their terms or they can change as much as they like? Because they kept telling me before it is a warranty issue and I should contact Apple to repair my phone. (But I don't really want to as it is only over a month old.) Thanks for the help.

[kernowlass]

@jerichodanger

I thought paypal had already rejected your claim OR do you mean a small claims court claim?

If the latter then your best point of access for best advice on that one is the citizens advice bureau.

[jerichodanger]

I meant the small courts claim. Sorry for confusing.

[kernowlass]

@jerichodanger

Well i would certainly send a 'snail mail' letter clearly typed up and professional looking stating that you are giving notice of intent to file one unless you get a refund...........and go from there.

[jerichodanger]

Thanks for your help, I will try to email them again stating I have the evidence.