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I've won an auction from a well-known site. And collected a frame.
Only after getting home when I examined it - it has a very fine hairline crack (with evidence of repair).
It was described as new and unused.
What rights do I have?
The right to call the seller and discuss it with them first?
Sale of goods act does not apply to private sellers. If its an ebay shop then it does apply - tell them, you return it, they reimburse you all your mney plus the postage you paid.
If its e bay and you used paypal simply return as goods not as described and reclaim your money
Where the seller is a private individual, the goods must be “as described”. The goods are not legally required to be of “satisfactory quality” or “fit for purpose”.The Sale of Goods Act applies to both new and used items. It's worth bearing in mind that second-hand goods are likely to be judged less rigorously new goods. For example, it's not reasonable to expect that used goods will be of the same quality as new goods. In any event, sellers of second hand goods remain under an obligation to ensure that the goods are as described.
Item was described as new and unused.
Surely a repair job and a hairline fracture cannot be an accurate description?
Better to do it thru e bay - much easier for you
To enforce soga you would have to go to small claims
If you collected it, I would argue that you had time to inspect the frame before leaving. Whether you did or not is your problem. Once you left the shop you have accepted the goods.
Difficult to say without seeing the damage. Is it damage you could have done loading/unloading the car?
a "new unused" frame should not have a hairline crack 🙁
Difficult to say without seeing the damage. Is it damage you could have done loading/unloading the car?
How the hell would you crack a frame unloading and loading from a car.
if you paid paypal and bought through ebay then you have little to worry about, just start a not as described dispute, return the item with proof of return |(like recored delivery) and paypal will refund with no bother.
Agreed and I'm sorry, but did you check it before you left?
Is the crack just the paint or is the frame damaged?
You are probably better appealing to the shops good side and contacting them and explaining the situation, if they are reputable...
I don't think you've got any room to spout SOGA at them, though.
Hard lesson and good luck.
EDIT: Missed the bit about repair, but still it should have been checked, caveat emptor.
private seller.
so afaik not as described.
frame is marked but could have been NOS (new old stock) for all I knew.
evidence of repair is not obvious and only on close scrutiny.
Whats the seller got to say about this?
Pics of damage? Out of interest how do you try and repair a crack? Or did they try and paint over it to hide it?
Private seller? sort it out with him or try the small claims court - unlike buying off a trader, there's little help
When I read the ebay terms and conditions the other week (when they changed them) you are now covered on ebay buyer protection even if you have picked up and paid cash, they will just withdraw the money from the sellers paypal account.
Contact the seller and if no luck in a couple of days file an item not as described on ebay
When I read the ebay terms and conditions the other week (when they changed them) you are now covered on ebay buyer protection even if you have picked up and paid cash, they will just withdraw the money from the sellers paypal account.
oh? where's that then?
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