mushers Posted July 18, 2012 Share Posted July 18, 2012 (edited) dont think the manufacturers warranty will stand although i flogged a mobile on ebay a while back that was new, the mobile broke the buyer took it back to carphone warehouse and used my name and address and they replaced it how long have you had the pick ups for ? or did they arrive not working ? Edited July 18, 2012 by mushers Quote Link to comment Share on other sites More sharing options...
noelk27 Posted July 18, 2012 Share Posted July 18, 2012 [quote name='slobluesine' timestamp='1342606233' post='1737627']seller was SidVicious1978, oh yeah and Harlowbassplayer before that, wonder why he created a new account [/quote] I'll ask. How do you know that those two identities belong to the same person? Quote Link to comment Share on other sites More sharing options...
simwells Posted July 18, 2012 Share Posted July 18, 2012 Personally how it's described would be irrelevant to me in this instance. If I bought an item on here described in any way other than faulty and it arrived faulty I would expect to be able to return it for a full refund. Quote Link to comment Share on other sites More sharing options...
slobluesine Posted July 18, 2012 Author Share Posted July 18, 2012 [quote name='noelk27' timestamp='1342612393' post='1737825'] I'll ask. How do you know that those two identities belong to the same person? [/quote] he's known to others on here apparently Quote Link to comment Share on other sites More sharing options...
SidVicious1978 Posted July 18, 2012 Share Posted July 18, 2012 Okay, guys I am the seller and I have sold a lot of stuff on here and to have my name dirtied by some slanderous member who brought the said item over 1 year ago is crazy, my rep is actually pretty good, you say as a buyer I deserve some rights when buying items, well wheres the mine? a month or so or anything wrong with something i have sold within reasonable time is refunded or exchanged but a year is laughable. would anyone like to explain to myself and everyone else, how as a seller I am meant to refund or exchange to someone over a year later after for we all know has tampered, used or damaged themselves i mean come on, this is a year later, sounds like someone who wants something for nothing to me. Quote Link to comment Share on other sites More sharing options...
Commando Jack Posted July 18, 2012 Share Posted July 18, 2012 Well the whole story would probably be a start in fairness. This is like hearing two people squabble as you walk by - very difficult to make sense of any of it! Quote Link to comment Share on other sites More sharing options...
SidVicious1978 Posted July 18, 2012 Share Posted July 18, 2012 Brought pickup of ebay, sold as new boxed, used in my bass for a gig so worked, sold bass after but took pickup out and sold it seperately along with pick guards and covers last July to slobluesine. Now a year later he is saying it is faulty and wants a full refund. its madness. Quote Link to comment Share on other sites More sharing options...
Big_Stu Posted July 18, 2012 Share Posted July 18, 2012 [quote name='SidVicious1978' timestamp='1342621401' post='1738027'] how as a seller I am meant to refund or exchange to someone over a year later after for we all know has tampered, used or damaged themselves i mean come on, this is a year later [/quote] Sounds more than fair, case dismissed! Quote Link to comment Share on other sites More sharing options...
kevin_lindsay Posted July 18, 2012 Share Posted July 18, 2012 Nice to hear the story from your viewpoint Sid. I have to say that if I was contacted by someone over a year after they had bought something from me, and expecting a full refund, I'd be asking if I could talk to the person who looked after them!!! Hahaha It seems absolutely ludicrous that whoever bought the unit also thinks that a store would honour warranty on a used item over a year after the date of purchase? Quote Link to comment Share on other sites More sharing options...
flyfisher Posted July 18, 2012 Share Posted July 18, 2012 While I agree with Commando_Jack that it's not easy to see the full story, it sounds as if the seller "sold as new" and the buyer interpreted this as meaning it should be the same as if it was bought in a shop and should therefore have a one year warranty. The thing breaks about a year later and the buyer wants to claim on that assumed warranty. This is all very unfortunate but, frankly, no-one should expect a second-hand item to come with a one year warranty (unless they pay for a waranty/insurance policy) and chasing the seller of used item a year after purchase is, well, not very reasonable. Besides, as kevin_lindsay rightly say, not even a shop would offer a one year warranty on a used item, so why expect one from a private buyer? I can't really see any fault here, except the unfortunate expectation of the buyer. Quote Link to comment Share on other sites More sharing options...
slobluesine Posted July 18, 2012 Author Share Posted July 18, 2012 (edited) pickup was sold to me as 'NEW' it didn't go on my bass until i finished the project last Sunday, it sat in the drawer with all the other parts. didn't bother to check it, that's where the problem lies, had a long discussion with SV yesterday and he's never mentioned that the PU had been on and off a bass so it wasn't NEW? Edited July 18, 2012 by slobluesine Quote Link to comment Share on other sites More sharing options...
uncle psychosis Posted July 18, 2012 Share Posted July 18, 2012 Sounds like you're both at fault from where I'm sitting. SidV shouldn't have described it as "new", because it wasn't. "as new" would have been wiser. Slobluesine should never have expected an item sold in a private sale via a forum to 1. Actually *be* new 2. Come with a warranty beyond "it should work when you get it" or 3. Be returnable a year later. Getting away from this situation for a second, the tendency of people to say things in the classifieds like "I bought this last month, but its not for me, so seeing as its basically new I want 90% of the new price for it" really gets my goat. Things can only be new once. Once something has been bought from a shop it is second hand, regardless of condition or age. Quote Link to comment Share on other sites More sharing options...
stingrayPete1977 Posted July 18, 2012 Share Posted July 18, 2012 If you bought a pickup from a shop new (not 'as new') I would not want it to of been used in any way, I can see both sides and the term as new should be reserved for items that are as new, ie still in the cellophane with a receipt from maybe a few weeks ago, in that instance if I was the seller I would just say send it me back and I will take it back myself. Should as new be banned from the fs section? Quote Link to comment Share on other sites More sharing options...
slobluesine Posted July 18, 2012 Author Share Posted July 18, 2012 (edited) pickup doesn't work folks, never did i wanna refund. yep kit should not be advertised as NEW here and if it's true SV has 2 ID's on here he should be banned as well, didn't know that was allowed? Edited July 18, 2012 by slobluesine Quote Link to comment Share on other sites More sharing options...
flyfisher Posted July 18, 2012 Share Posted July 18, 2012 [quote name='uncle psychosis' timestamp='1342626715' post='1738190'] Getting away from this situation for a second, the tendency of people to say things in the classifieds like "I bought this last month, but its not for me, so seeing as its basically new I want 90% of the new price for it" really gets my goat. Things can only be new once. Once something has been bought from a shop it is second hand, regardless of condition or age. [/quote] Yes, this makes me smile as well. Things are [u]offered[/u] for sale - you can attached whatever conditions you like but it's the buyer that decides and for the risk associated with buying a used (even barely) item with no warranty, the extra 10% for a genuinely new and guaranteed item is going to look pretty good to most buyers. Quote Link to comment Share on other sites More sharing options...
noelk27 Posted July 18, 2012 Share Posted July 18, 2012 [quote name='SidVicious1978' timestamp='1311406526' post='1313527']here are parts for a p51 fender mat black pickguard new with plastic still on £15 seymour duncan vintage handmade signed by seymour new in box £45 fender chrome bridge cover £10 All for £60+£5P&P[/quote] Well, Sid's original listing is a little naughty. To describe an item as "new in box" that establishes a reasonable expectation on the part of a potential buyer, that the item is unused. However, this was not the case. The pickup had been previously installed (during which time it is claimed it operated). It was then removed (during which process it is entirely possible it could have been damaged). It was then advertised as new and boxed. If Sid were a trader, and I were Trading Standards, I could achieve a successful prosecution for misrepresentation. Quote Link to comment Share on other sites More sharing options...
Commando Jack Posted July 18, 2012 Share Posted July 18, 2012 [quote name='slobluesine' timestamp='1342627010' post='1738201'] pickup doesn't work folks, never did i wanna refund. [/quote] Unfortunately, you're not entitled to one, and any "customer support" is only offered at SidVicious' discretion. Without some form of receipt the manufacturer isn't obliged to repair or replace it either as far as I'm aware. Looks like this one is just better put down to experience and move on. Quote Link to comment Share on other sites More sharing options...
slobluesine Posted July 18, 2012 Author Share Posted July 18, 2012 [quote name='Commando Jack' timestamp='1342627959' post='1738236'] Unfortunately, you're not entitled to one, and any "customer support" is only offered at SidVicious' discretion. Without some form of receipt the manufacturer isn't obliged to repair or replace it either as far as I'm aware. Looks like this one is just better put down to experience and move on. [/quote] if this were Ebay i think i would get my cash back no problem Quote Link to comment Share on other sites More sharing options...
Big_Stu Posted July 18, 2012 Share Posted July 18, 2012 [quote name='noelk27' timestamp='1342627868' post='1738232'] If Sid were a trader, and I were Trading Standards, I could achieve a successful prosecution for misrepresentation. [/quote] Therein is the rub though; he's [b]not[/b] a trader, he's a forum user who sold something which just as equally could have been working when it left his address, no-one will ever know, you have to take his word for it; in the same way you have to take "solbluesine"s word that he hasn't had it in or out of 6 guitars since where at any point it could have broken. As already said "Buyer beware" etc etc. Case not proven (That's a North Of The Border verdict too) Quote Link to comment Share on other sites More sharing options...
noelk27 Posted July 18, 2012 Share Posted July 18, 2012 [quote name='stingrayPete1977' timestamp='1342626787' post='1738194']Should as new be banned from the fs section?[/quote] Saying "as new" is perfectly acceptable, if this is an honest representation of the goods. It is always advisable to seek confirmation of operative/cosmetic condition, making any statements issued conditions precedent of any sale. Of course, between private individuals not carrying on sales by way of business or trade it can be problematic obtaining redress where the subject of a sale is not as described or expected. That said, within a community such as BC, one would hope that a more equitable approach to disputes would be possible. When private individuals deal, however, the doctrine of caveat emptor (buyer beware) should be remembered. Quote Link to comment Share on other sites More sharing options...
markstuk Posted July 18, 2012 Share Posted July 18, 2012 Only if you reported a dispute within 45 days.... [quote name='slobluesine' timestamp='1342628425' post='1738251'] if this were Ebay i think i would get my cash back no problem [/quote] Quote Link to comment Share on other sites More sharing options...
noelk27 Posted July 18, 2012 Share Posted July 18, 2012 [quote name='Big_Stu' timestamp='1342628467' post='1738252']Therein is the rub though; he's [b]not[/b] a trader, he's a forum user who sold something ... As already said "Buyer beware" etc etc. Case not proven (That's a North Of The Border verdict too)[/quote] Indeed. And why that sentenced opened with the word "if", as I was simply illustrating a point, re reasonable description and reasonable expectation. Actually, within the UK, "not proven" as a verdict is only competent in Scotland, not South of the Border. Have to agree, though, that the lapse of time makes attempting to stand on the usual rights reasonably enforceable against a trader/manufacturer unreasonable against a private individual. Quote Link to comment Share on other sites More sharing options...
slobluesine Posted July 18, 2012 Author Share Posted July 18, 2012 (edited) sold as 'new' is not the same as sold 'as new' this could run and as i've said i've discussed it with Sid and i accept i'm stuffed, PU's off to the menders and a lesson learned, done a LOT of buying/selling on here and never had a problem, thx for the replies. case closed Edited July 18, 2012 by slobluesine Quote Link to comment Share on other sites More sharing options...
Big_Stu Posted July 18, 2012 Share Posted July 18, 2012 (edited) [quote name='noelk27' timestamp='1342629045' post='1738267'] Actually, within the UK, "not proven" as a verdict is only competent in Scotland, not South of the Border. Have to agree, though, that the lapse of time makes attempting to stand on the usual rights reasonably enforceable against a trader/manufacturer unreasonable against a private individual.[/quote] I know, I lived there for over half my life, that's why I put the bit in parentheses, and what you say there was entirely my point previously. Time barred in any reasonable mind. Anyway, looks like it's time to move on. A few more buyers and sellers a bit more aware, some with lessons learnt etc. I for one, haven't lost any faith in this place - and would still prefer it to Ebay. Edited July 18, 2012 by Big_Stu Quote Link to comment Share on other sites More sharing options...
noelk27 Posted July 18, 2012 Share Posted July 18, 2012 [quote name='Big_Stu' timestamp='1342629403' post='1738275']I for one, haven't lost any faith in this place - and would still prefer it to Ebay.[/quote] Indeed. Wouldn't touch eBay with a 20-foot pole. Quote Link to comment Share on other sites More sharing options...
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