Gazelle gazelle-store eBay and Web Scam Sell Old Electronics As New SCAM SCAM SCAM Boston, Massachusetts

I bought an item advertised on eBay as an iPod Touch 3rd Generation 8GB.

About 50 days after buying it, I tried to download a particular app. The app wouldn't download, telling me that my device was too old. It turns out that Apple never sold an 8GB 3rd gen iPod Touch and what I was sold was a 2nd generation device.

I contacted the Gazelle. They blamed Apple and ME. They said Apple confused them. Then, they said I should have figured it out sooner and let them know.

eBay won't help since it's more than 45 days past the date of purchase.

Gazelle said they won't help since they don't hold themselves responsible and instead blame Apple and ME. Below is their response to me:

"We apologize for any confusion. When Apple released the 3rd generation of iPod Touches, they only upgraded the 32gb+ models, and re-released the 2nd generation 8gb and 16gb models alongside them branded as 3rd gen. Within the past year, when it's been found that the 2nd gens can't update to the latest firmware, Apple  denied they ever made 3rd gen 8gb and 16gb models. The only way to differentiate is the lettering on the back: two lines of words indicated a release with the 3rd gen, and 4 lines signifies 2nd gen.

I'm very sorry for any inconvenience this issue has caused you.  Due to the fragile nature of used electronics, we provide a 30 day guarantee
backed by our return policy to offer our customers a month to inspect and test out the item before they decide whether they would like to keep
the item or not.  Unfortunately, because your request is beyond 30 days from when you received the item, we will be unable to issue a return.

During the checkout period, and in our thank you email, we highly suggest and recommend purchasing a separate aftermarket warranty through
SquareTrade.com in order to ensure that your item will be covered by Squaretrade's warranty after our 30 day guarantee has expired.  I
apologize that we could not be of further assistance at this juncture. Please let us know if there is anything else we can do to assist you. We're here to help."