CGA with privately sold goods

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NPCtom

313 posts

Ultimate Geek

#268119 29-Feb-2020 13:19

Hi everyone,

I bought another electric skateboard from a private seller on Facebook. It was bought by the seller late last year and I purchased it from him in Jan 2020. It's had less than 300km on it and has a widespread fault on it (same issue as this https://www.reddit.com/r/boostedboards/comments/9a1a0n/bent_motor_shaft_megathread/) as well as a clicking deck.

To me these two faults seem like a major issue that the manufacturer knew about. I contacted Hyper Ride (the NZ store where the original buyer purchased it from) and they said to fill out the returns form and send the board to them (they also said it would take "a few weeks"). I thought sweet I'll just send it out and I'll get my refund or replacement.

It's now been nearly two weeks and they are refusing to refund it saying that they aren't the ones who made the product and I bought it from a private seller.

Is there anyway I can transfer ownership back to the private seller to continue with the refund/replacement process on behalf of me?

mattwnz

16402 posts

Uber Geek

#2429231 29-Feb-2020 13:49

Have you contacted the seller for the receipt.

NPCtom

313 posts

Ultimate Geek

#2429232 29-Feb-2020 13:50

mattwnz:

Have you contacted the seller for the receipt.

Yeah we have a reference number which does resolve to the correct transaction. Should I grab the PDF off him?

bmt

564 posts

Ultimate Geek

#2429277 29-Feb-2020 14:09

The CGA doesn't explicitly cover situations like this.

Your best option would have been to get the person you bought from to deal with the original seller, as they would have no knowledge of any further transactions (i.e the sale to you). Since you've already been in touch the horse may have already bolted there which will make it trickier.

Jase2985

9745 posts

Uber Geek

Lifetime subscriber

#2429361 29-Feb-2020 17:39

did you buy it with the fault on it?

NPCtom

313 posts

Ultimate Geek

#2429363 29-Feb-2020 17:43

Jase2985:
did you buy it with the fault on it?

Yes. It's an issue with an entire batch of the product.

Journeyman

718 posts

Ultimate Geek

#2429479 1-Mar-2020 03:09

I suspect the warranty transfers with the skateboard. If you give someone a gift, they are still covered by the CGA. They don't make the claim from you, they make the claim with the shop you bought it from. I think the same might apply when selling an item privately. They can't make a claim against you but they can make a claim with the shop it was originally purchased from. This is IMO of course.

I think you need to check two things: what is the warranty provided by the manufacturer and what is the warranty provided by Hyper Ride? If the deck is still within either, then I think you have a claim with Hyper Ride.

I look at it this way. Person A buys a tv and 6 months later sells it to Person B. The tv then develops a fault. Normally a warranty for a tv lasts for a few years, whether it's the store warranty or the CGA. I don't see why either of those should no longer apply after 6 months. So Person B should be able to take the tv back to the shop Person A bought it from.

Brumfondl

1124 posts

Uber Geek

Trusted

Subscriber

#2429480 1-Mar-2020 03:18

This link might be useful: https://www.consumerprotection.govt.nz/general-help/ways-to-buy-and-pay/private-sales-and-second-hand-goods/

surfisup1000

4705 posts

Uber Geek

#2429493 1-Mar-2020 08:48

NPCtom:

Hi everyone,

I bought another electric skateboard from a private seller on Facebook. It was bought by the seller late last year and I purchased it from him in Jan 2020. It's had less than 300km on it and has a widespread fault on it (same issue as this https://www.reddit.com/r/boostedboards/comments/9a1a0n/bent_motor_shaft_megathread/) as well as a clicking deck.

To me these two faults seem like a major issue that the manufacturer knew about. I contacted Hyper Ride (the NZ store where the original buyer purchased it from) and they said to fill out the returns form and send the board to them (they also said it would take "a few weeks"). I thought sweet I'll just send it out and I'll get my refund or replacement.

It's now been nearly two weeks and they are refusing to refund it saying that they aren't the ones who made the product and I bought it from a private seller.

Is there anyway I can transfer ownership back to the private seller to continue with the refund/replacement process on behalf of me?

Your claim isn't against the private seller, it is against the retailer. Seems fair to me, shouldn't matter that you aren't the original purchaser. I'd take em to court.

RunningMan

5977 posts

Uber Geek

#2429498 1-Mar-2020 09:01

I do not think the CGA applies to you. You have not acquired the goods from a supplier, unless the person you got them from is in trade.

surfisup1000

4705 posts

Uber Geek

#2429501 1-Mar-2020 09:05

RunningMan:

I do not think the CGA applies to you. You have not acquired the goods from a supplier, unless the person you got them from is in trade.

He is not making a claim against the person he purchased from.

RunningMan

5977 posts

Uber Geek

#2429502 1-Mar-2020 09:07

surfisup1000:

He is not making a claim against the person he purchased from.

I know, that's exactly why the CGA doesn't apply.

surfisup1000

4705 posts

Uber Geek

#2429508 1-Mar-2020 09:31

RunningMan:

surfisup1000:

He is not making a claim against the person he purchased from.

I know, that's exactly why the CGA doesn't apply.

How do you know that the contract with the retailer doesn't transfer to the new owner? Exactly like a normal warranty.

Regardless, this scenario is very common. The lawyers who wrote the CGA law should have been clearer; that retailers CGA responsibility doesn't end when someone else starts using the product.

RunningMan

5977 posts

Uber Geek

#2429693 1-Mar-2020 17:34

surfisup1000:

How do you know that the contract with the retailer doesn't transfer to the new owner?

What contract? The OP was asking if the CGA applies in this case, not some other contract, and it doesn't appear to. That's not to say there is no other way of getting it fixed, just that the CGA itself doesn't apply to the OP.