Buyers recourse without the gemors...

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BMT214A

New member
Joined
Dec 13, 2015
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Location
Kwa-Zulu Natal
Dear Members,

Some advice needed please.

Kindly indicate if I have any recourse for an item purchased from a private seller on a social media site.  The goods were a second-hand Apple TV Box 64Gb 4K and advertised as such. After making contact with the seller and negotiating a deal if was eventually concluded on 09-01-2021. A day prior the seller sent me a short video showing the unit switched for functionality. On the day of the exchange, I examined the goods and accepted the unit as advertised in good faith He included the magic remote control which he stated must be charged which would have come with the 4K unit.

Within an hour of the purchase I connected the unit and to my disappointment was not a model that was advertised but an ?earlier generation? unit with a lower capacity storage. I also endeavored to charge the remote to no avail.  I immediately contacted the seller via WhatsApp citing the issue along with photographic evidence. He appeared confused and since he was already en-route promised to contact me today (10-01-2021), for a possible resolution.

I endeavored to contact him but was constantly directed to Voicemail. After making some queries on FB I managed to get progress whereby he contacted me. He appeared hostile and with a sudden turn of events stated that the item was seen as such before purchase, along with the video sent and this deal was done ?voetstoots?. My gripe here is that the box the item was packed in along when advertised indicated a 4K 64Gb unit but this was not the case when connected. He even had the audacity to claim I could have switched the units to substantiate my claim. In good faith, I actually contacted him (within 45 minutes of our transaction).

Is there any recourse from a consumer point of view to get my money refunded to me in light of the short space of time following the transaction whereby a defect was identified in light of being ?falsely mislead? to an incorrect item being advertised and packaged as such?

I have tried to engage with the seller subsequently to resolve this matter amicably, however to no avail. He is not taking my calls further nor responding to any cellular messages, suffice to state that from the last mutual communication, he states the item was sold as indicated, a video was sent to show it being switched on, and if I need to take further action I am at liberty to do so.

Kindly advise whether there?s is any likelihood of pursuing this matter further with a possibility of a refund.

Thanks and stay safe,
BMT
 

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