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[CLOSED][RESOLVED]Disaster with OnePlus: missing device in package Dec 20, 2017

Bobbie63 , Dec 21, 2017 :

This is correct but it's about concealed damage and claiming this damage after reception. A claim can always be made and I don't deny these won't be granted if you file them after receipt of the goods. The point still stands, that a customer doesn't sign for a sealed bag, but for the goods. This has nothing to do with claiming afterwards which isn't part of the "shipment" you've signed with the seller, but is a additional protection. However here you have the burden of proof and as stated in the last part where the tips are given, inspect the freight right away.

A claim can always be made, but you also need to proof and having signed for something that's missing........?

This is part of the chapter "in case of an dispute....bla, bla" (which I think isn't described on the OP General conditions)

Edit: and you are correct about terms and conditions, they can write what they want, but that sure doesn't say they're legal. I'm sure the terms and conditions oneplus have on their site aren't conform the basic terms and rules applicable in my country or any European country.

 

waldwolf , Dec 21, 2017 :

Agree.
There's an old saying..."Nothings illegal until you get caught,"

 

F_Remco_Stadhouders_qpWt , Dec 21, 2017 :

wow this is insane! I'm reading a LOT of bad customer service experiences online! they better step it up at OnePlus

 

G_Nick_T_FTnG , Dec 22, 2017 :

And you know that how?

Outfitting a store is cheaper than you think., and a drop in the bucket to the bottom line.

You make Apple sound poor. Guess you never looked at their profit and loss statements, year over year sales, stock prices, or deals that they get in Mass volume production.

There are things that are not made public for a reason. and just because you worked at a store, doesn't tell you anything.

Companies deal in Metrics. They have a certain threshold of profitably. To Apple, a store is only "profitable" if it reaches certain profit margins, not that it actually loses money.

All of this is factored in, along with contingency, to the price of the phone.

Their company reached such a large stock price that they had to split the stock. Remember that? Why does their stock price climb?

My whole point is. If Apple sells 100 phones, maybe 10-15 people will try and scam something. That's all factored in to their over inflated prices. And that's why they can afford the upper echelon of customer service you say they have. Even after all that customer service experience, they are still calling you a sucker in the board room.

So I'll bite. You say it costs them a car amount to build a store. Guess what? They recovered that in the sale of about 30 phones.

How many did they sell this year? And what was their net profit again? Come on former Apple genius. NET PROFIT IS JUST THAT. TAKE HOME PAY.

 

johnhart , Dec 22, 2017 :

Pay attention this time --

No. You want to distort what I say to have an excuse to rant against Apple. If that floats your boat don't let me stop you. Just don't pretend things I'm not saying.

If you knew from the board I'm no apologist for Apple. I wouldn't be here if I was. Move on.

 

G_Nick_T_FTnG , Dec 22, 2017 :

No. not ranting on Apple. I don't like their products, but they are a very smart and profitable company that makes money for it's shareholders.

I'm just trying to tell you. You think they have stores for customer service. They don't.

Do you even know why these stores exist? It's eye candy and Free press.

Think about it. Every time they release something they get unprecedented free media coverage showing you these long lines out the door and passerbys get attracted to that. The money they save from that kind of advertising pays for the store many times over.

They don't want to ship you the phone, they want it in as many hands as possible to entice people to buy them. They even get people there on launch day buying as much stock as they can so these people can sell them online.

They've built a very large army not because of their phones capabilities, but because of their marketing.

Trust me. I hate Apple, and I think most who work in a technology field do. But they are an exceptional company and one of the darlings of Wall Street.

Pure marketing geniuses.

Every company can learn from them and their marketing genius. Only Samsung and Google can compete at that scale.

And no. my initial statement is not skewing yours. I simply said you shouldn't compare OP to Apple on customer service.

They are not in the same league and cannot deliver on the same scale. It takes tons of money to do that. And Apple farts $100's.

OP needs better and more knowledgeable customer service. Their developing needs to be better, and their communication stronger.

Personally I think OP fails in all these categories. And that's a shame.

 

G_Nick_T_FTnG , Dec 22, 2017 :

Oh and I did pay attention THAT TIME. what you didn't read or pay"attention" to was I called your a FORMER Apple genius

 

futurejuza , Dec 22, 2017 :

Dear community, my update here as promised.
Today I received the following mail from OnePlus CS:

[...]Good day.
Thank you for contacting OnePlus. This is ***, a PayPal specialist.
I came across to your PayPal claim *** about your missing device.
I'm sorry to hear about the situation you are in right now. Not to worry I will also help you throughout the way.
I have gone ahead and checked on the investigation you have with our Logistics Team and also have gone ahead and raised your concern to our escalation team. And I am pleased to inform you that we can go ahead and process a full refund on your purchase.
Nevertheless, I have responded to your PayPal claim. Please check your PayPal for any updates.
Feel free to let me know if you have any question. [..]

Together with this mail I also received instructions for returning what I have, and labels for the UPS courier to ship my stuffs back to the warehouse in Poland. As strange as it can be, I will return the empty box with the battery charger and the cover back to OP.
According to what had been anticipated by @SoniaB I expected a shipment with a new phone, but anyway I am not going to complain about that, it is definitely ok so let the refund be.
I just want to end this story once and for all as quick as possible.

I honestly don't know what I will do once I will get my 500€ back on my bank account, I still need a new phone, but after this bad experience I don't feel I will entrust again my money to a web-only company that is not Amazon. Gambling is not my job.
All in all I had 10 bad days of waiting, complaning, fighting and what stressed me the most was being blamed of being a lier and a thief when I was the one who got robbed. This is a frustrating situation that I do not wish to anyone.

Eventually things are getting solved, and I have to thank you guys and girls in this thread who believed me and helped me to fight this battle, honorable mention to @SoniaB . I am exremely grateful to all of you.
The only thing I regret is that I will miss the chance to join this extraordinary community which is the best part of OnePlus. I am open to any question regarding my experience and I will continue to consult this thread for a few days more.

 

G_Pratik_Dubey_cvUz , Dec 22, 2017 :

Glad to hear you are getting your money back.That should be enough to prove the Scam detectives wrong.Dont bother with them.Hope you find yourself a great phone with that money.

 

MentalDraco , Dec 22, 2017 :

Just as my own update, i just recived my second OP 5T, from the #7Day challenge, and just like my first phone it was in the box. Also the courier had no problem (DHL by the way) in me opening the box and checking the phone before I signed. He was actually quite curious about it, said he might get one

Nice to see you got your problem solved before the holidays, happy shopping. : D

P.S. I'll keep ordering from OP

 

Lucky M. Nelson , Dec 22, 2017 :

Great that you got a full refund! I personally wouldn't buy again, after your experience.

Merry Christmas!

 

bart877ie , Dec 22, 2017 :

glad it got sorted, I would buy again as OP at the end did issue you a refund. I am sure this is not a common case for OP and they did have to investigate further to make sure case is valid. However, I do always open my DHL deliveries with the courier. Especially if they are new gadgets

 

Sistecchie , Dec 22, 2017 :

Very glad also, that you get your refund Hard way and a big struggle...
Perhaps after some days you might think about restarting over?
The OP5T is a really great phone and I am very unhappy with the fact,
that you now might not meet it - it's the beauty and the bea5t in one elegant
aluminium case.

Dunno, if I will be bashed here, but I have spotted the OP5T at your favorite
web-only company Cmon, give it a try Best regards!

 

mikey , Dec 23, 2017 :

If it was the uk your credit card or PayPal would have refunded you within a few working days. Just take pictures of the box and scotch tape and upload to PayPal dispute.

 

mikey , Dec 23, 2017 :

Glad you got a refund tho. Italy is known for its corrupt postal services unfortunately...

 

Dunnow , Dec 23, 2017 :

mattam24 , Dec 23, 2017 :

That's why you should always record an unboxing video of your device (starting with opening the DHL package itself). I did it and could prove this way to OnePlus that the device came scratched so I got a replacement easily without any headaches. So always make an unboxing video!

 

JayBl8de , Dec 25, 2017 :

For German law you are wrong my friend. I studied law. The danger of the item becoming worse or getting lost is transferring to the buyer once handed over to logistic company. This most likely happened here.

Once given to shipping company, the buyer is responsible for anything happening to it. Since there is usually some insurance for the package, the buyer has to fight with shipping company.

I totally agree that Oneplus should support when possible, however (in German law and maybe European as well) responsible is the shipping company only in the first place...

"Beim Versendungskauf findet der Gefahrübergang bereits dann statt, wenn die Sache abgeschickt wurde (§ 447 Abs. 1 BGB), also z. B. mit der Übergabe an den Spediteur"

https://de.wikipedia.org/wiki/Gefahrübergang?wprov=sfla1

 

AntStephenson , Dec 26, 2017 :

I should also point out the credit card protection DOES NOT apply if you use credit card via PayPal.

 

M1512303010870 , Jan 10, 2018 :

After they saw i went to police, OnePlus decided to send me the device again: so now i'm using it and it's perfect

Thanks everybody for support,
Mario