what happens when a...
 

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[Closed] what happens when an item from classifieds is not as described?

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Hello can people tell me the etiquitte on disputes on the classifieds, recieved some forks today at 10.30 recorded delivery and they are not as described, contacted seller asking to return them at my cost and they would refund my money. Seller has said they were working fine 2 weeks ago when i last used them, put in fork juice, nor marks on stanchions , forks working fine and is not prepared to refund. I have offered to send pics of marks to verify.

Now in the past people have said no problems return and they will refund ( I have to say not happened often and people have been great)

So what do i do next?


 
Posted : 13/05/2011 10:32 am
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Posted : 13/05/2011 10:34 am
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Time for the bombers and some owning.


 
Posted : 13/05/2011 10:36 am
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No not into that I just want a reasonable resolution.


 
Posted : 13/05/2011 10:37 am
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How did you pay? How about putting up pics so we can see?


 
Posted : 13/05/2011 10:37 am
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Name and shame. The Rebas/DTs/Zocchis?

If they're something different to what you saw in the pics then you have every right for a refund. That said, theres no laws on here to enforce it etc etc so you might be shafted if the seller is a ****.

How did you pay? Don't say paypal gift.......


 
Posted : 13/05/2011 10:39 am
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Which forks - the Marzocchi or the DT Swiss?

asking to return them at my cost and they would refund my money.

Any reasonable seller would agree to this.


 
Posted : 13/05/2011 10:39 am
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How did you pay?

Paypal normal & you could take it up with them

Paypal gift or bank transfer and you're left with persuading the seller to play ball
Or, smalls claims etc. but that may be difficult with a 'not as described' issue


 
Posted : 13/05/2011 10:40 am
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Did you receive the photos that you asked for on the ad and do they match what you've actually received? Did the seller give any explanation as to how they may have got damaged between him using them and you receiving them?

Given that he advertised them as being in "mint condition" it sounds like you've received something below par.


 
Posted : 13/05/2011 10:40 am
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you've gone this far you might as well say which forks.

if it's the DTSwiss ones and there's more than 1 mark on a sticker then they're nto as described. Legally you have a right to your money back - TJ will be along to explain why.


 
Posted : 13/05/2011 10:50 am
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wwaswas - not if its private seller 🙂 Or at least not nearly as easily


 
Posted : 13/05/2011 10:52 am
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oh, I thought there was still a contract and goods had to be as described?


 
Posted : 13/05/2011 10:53 am
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SOGA does not apply - other bits of law will I guess


 
Posted : 13/05/2011 10:57 am
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okay not dt,

originial ad

Some slight marks on legs as expected but no stanchion marks.
These forks have been cleaned after every ride and then the stanchions lubed with fork juice

my concerns are small scratch on stanchin high but you can feel it, light marks in the coating on inside of stanchion legs, these pass into seals of the forks.

Lower legs scratches happen no worries bur marks in the coating do worry me

Not all dials working correctly.


 
Posted : 13/05/2011 10:58 am
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Pics?


 
Posted : 13/05/2011 10:58 am
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scratch on stanchions - guess he might have missed
marks around seals etc - bushes probably are on the way out not good and would have been obvious.

shame the seller is a 'classifieds only' user of the site - they probably won't see this thread.

You shoudl stick to your guns and ask for a refund - they weren't cheap.


 
Posted : 13/05/2011 11:02 am
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agree about the scratches i have contacted the seller and no reply???? yet maybe


 
Posted : 13/05/2011 11:11 am
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SOGA does not apply - other bits of law will I guess

All the sale of goods act did was consolidate existing common law. In other words, those principles continue to apply even though SGA isn't quite so relevant in this instance.

Fitness for purpose, meets description etc. are all things that apply to private transactions.

Rescinding the arrangement (send back forks, refund) is always a remedy if agreed to. But if the seller won't dfo this, he ought to refund the difference between the price paid and the actual value of the forks taking into account how their presentation differs from the advert/pictures.


 
Posted : 13/05/2011 12:00 pm

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