Welcome

I hope this is the right forum section for such information. My intention is to warn as many possible customers of Media Markt in Germany (Hessen) as possible.

Yesterday we bought a new phone for my sister - Sony Xperia M2

The phone looks brand new, box was sealed with "Media Markt" tapes, the case had still the protective foil on the back and the screen.
Phone technically is performing fine... but the problem is, it was sold as "New" yet turned out to be used one.

My sister initially thought it's possibly a built in Chrome/Google+ feature that it gives you a "template" account to fiddle with yet I asked around, poked around the internet... nowhere was such thing found (Eventually I did find, that she wasn't the only person who bought a used phone, marked as new with Gmail account already present and such)

The price of the phone was to be 189 Euro... on the label... at the register it was already 199 Euro... that was weird but we thought just a label error.

On next day my sister is bringing the phone to me to check it out and teach her how to use some things... and I notice that when I go to Chrome browser... it says that someone with initials "M.P." (Well it's full name there but I will just use initials here since I, as opposed to Media Markt respect other people) with even messages still not read and such, with 2 followers, the G+ account has been operational for some time already.

In that G+ account I am able to see both Gmail and Hotmail e-mails of the previous user together with phone number (which I checked already, it's a German T-Com number).

Still... having just found that account logged in Chrome... I thought... perhaps it's a glitch? But how would it be? Not just IP but also cookies would have to be there from someone else, this didn't make any sense. So I checked more, I see that Facebook on this phone also was accessed, with the same e-mail as in G+ (password wasn't kept this time though and session was logged out).

But what made me 100% that the phone was used was when I went into photo album... while most images there were all default stock images, there was also a screenshot (which ofc is stored in other folder than images, hence why I'm assuming the person responsible for this crime was sloppy enough not to delete it)

The file has a timestamp of October 21 and shows the lock screen with 82% battery, no sim coverage (or no sim at all, not sure about that icon), vibration profile, wifi connected and notifications I think from cloud app, some mail app perhaps Gmail.

All in all, this cemented my suspicion that the phone bought in Media Markt yesterday - sold for full retail price as new, even wrapped to be sold as new, was in fact a previously used phone, for around a month if not longer which is by no means worth the money they sold it for.

Tomorrow me and my sister's husband are going to Media Markt to "Go Medieval" on those bastards. We will try to make it as much of a scene as possible as to let know as many possible customers there that Media Markt is engaging in fraudulent behavior by selling used devices as new.

We will demand as much compensation for it as possible and will NOT settle for simply exchanging the phone for another. This is a crime that was committed here and regardless if they "cooperate" or not this doesn't change the fact. If situation was reversed, if anyone would just take something from Media Markt walk out... and then - when caught - simply return it and apologized... would they not notify the police? I doubt. Would they not file in for a crime? I doubt it. These days, people get arrested for feeding homeless people in a park! And yet companies like Media Markt get away with obvious criminal behavior. And no, if they (Manager or whoever up) "knew" it's used or not has nothing to do. IF YOU or ME did not what you did was a crime... would the police/court take pity on you and say - ok, lad, it's fine, you are free to go and you didn't do anything wrong. A crime is a crime. And I am totally disgusted by it

So that's why we are not going to settle for a simple exchange for a new device.

- Assuming that the person who used the phone previously wasn't in on the scam, that person's data, G+ account and Play Store has been all exposed to a random customer who bought that phone as new (Google certainly not refund anyone if my sister started to buy apps only to land in the previous user's account, not knowingly).
- We paid for a "new" device, that was the contract between the customer and retailer. They never delivered the agreed upon goods, they gave us a "used" device. That is a breach of a contract and extortion of money.
- We had to waste time, energy and possibly (if this goes to court, prior to the settlement) our money because of them.
- When we called them tonight they've already told us they don't sell used devices, which as the example shows, was another lie.

In case Media Markt would refuse to compensate us for wasting our nerves, time and openly trying to scam us - and basically stealing our money. We will sue them.
Anyone who had similar situation with Media Markt can now know - You're not alone. This is more widespread than I initially thought, the more I read the more I see situations where retailers sell used things as new, possibly hoping that the customer would be naive and ignorant enough to not realize they have gotten a used - and why if it's stolen?! - device.

You're also free to join us and we can sue them together, more the merrier.

As proof I have all the purchase documents, the screens (some of them I include in attachments) and also some other things, they can try to deny it but that's for the court to settle.

In conclusion this is a warning to check twice or better yet - avoid as much as possible such criminal companies like "Media Markt".
PS. Would be nice to get a sticky so that more people can be warned.

The development of our story for those interested:
Here's how it went.

Next day we went to that Media Markt right when it opened. IF you're interested which one was it exactly, here is the address:
Rudolf-Walther-Straße 6, 63584 Gründau-Lieblos, Germany

At the info counter we've explained that we were sold a used phone as a new one... the woman there looked as if she's offended we even suggested it was used, but my brother-in-law elaborated that we've got the proof of it and we'd like to talk with the manager of the shop - Of course, the manager is "on vacation" -_-'. We were directed to the aisle with phones.

There we've asked another staffer, loudly letting everyone who was considering a purchase there, that they better be careful, because this shop sells used devices as new. The staffer said ofc it will be dealt with, but again, not his business, we were directed to the service. :rolleyes:

Already a bit frustrated by all this running around, we've explained the situation to the service staff. My brother-in-law immediately turned on voice recorder in his Galaxy phone and put it on the counter to make sure this whole thing would be on the record. Sadly, the service staffer had NO NAME TAG! None of the service staff had... how convenient?

First the service guy tried to show as much disbelief and deny that it's even possible to buy used phones from them... then when we've showed him all the proof and talked him through it he said that "Oh, it must've been a mistake! Clearly we must've had such phone delivered to us from the supplier" (doubtful since the person's profile was a person living nearby). Next we kept drilling the guy who was like he's having a lot of fun talking about it - quite annoying attitude if you ask me. He obviously had limited knowledge about phones too.

When asked about why do they sell things with previous users data? - He said it was a mistake and he's just as surprised.
When asked how can we be sure, that now, when we give the phone away, they won't sell it (with my sister's leftover data) to another customer? - He said it's gonna be cleared up and returned, thinking we'd take his word for it.
When we asked him why was the price 199 when we purchased, yet on the shelf the price even now is still shown as 189? - Oh must've been the previous week price tag, someone forgot to take it off.

In the meantime of the discussion we have called my sister to confirm the color and if she's going to sue them or not. She, being a very peaceful person decided she'll settle for their "compensation".

The compensation was a miniscule one to say the least. This is what we've achieved after my sister decided not to sue them:
- Without any apology they agreed to replace the phone (we spent 30 minutes waiting for them to find another like it)
- There were no more phones of that color, so they could give us only purple one (my sister was happy, my brother in law said it looks like crap)
- Because of the lack of color, they have "generously" agreed to give us a crappy black xPeria M2 phone case for 1 cent
- They have returned us the 10 Euro they've asked more vs the shelf price tag
- Not trusting them to do the job I have wiped everything from that bogus phone before I gave it back to them

I disagree with my sister's decision but it was her to make so I can't force her. We are waiting till we get more free time so we can contact the previous owner, she also deserves to know what happened with her data and previously owned phone.

We have decided not to buy stuff from MediaMarkt again after this. My sister said that she's pretty worried now, she had no idea - being just a casual user - that such things happen and now she "understands" why there was so many malfunctions in the past when she was buying laptops from there and things tended to break inside like wifi card and sound card etc.

I previously had problems with MediaMarkt Österreich, but I got my money back.