Buyer rights - Trademe

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#335979 28-May-2010 23:39

I was able to get the modem back, tested it (still works) then sent it back to him.
He's now bragging about his two year experience on modems - which I find is quite hilarious.

Well whatever, I'm ready to wear the bad feedback and move on. He's threatening to report me to Trademe when I've already laid out the Terms and Conditions for him.

I've already added him to my Trademe and email blocklist.

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Dratsab

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#336219 30-May-2010 10:29

He obviously doesn't know what he's doing.

If/when bad feed back arrives take the opportunity to place a comment on it explaining all that's transpired. Afterwards, take the time to write to TradeMe complaining about the buyer and refer them to your feedback/comment.

You can't please everyone all of the time so sometimes you just have to take a little bit of a hit, irrespective of fairness.

webwat

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#336386 30-May-2010 21:27

bazzer: Sounds like he doesn't know what he's doing maybe? Trademe won't do anything to you, so the worst he can do is give you negative feedback. If you can take that negative feedback, I'd just do that. You know you didn't do anything wrong, and you don't know if he is/did or not. It's not ideal, but it's better than you getting ripped off.

You do have a right of reply to bad feedback. I would say 90% chance of your buyer doing wrong configurations. Having dealt with so many of these cases, I find its normally something simple that wasn't setup correctly, such as DNS or LAN. He may even have a static IP on his computer or just didnt click "save and reboot", but essentially he has not given enough info to let you do any trouble shooting. Setting the wrong configuration 10 times isn't going to make much difference. He's going to need to prove out the router, maybe by getting someone who knows what they are doing to try it on a different connection. There is also the chance that his connection has problems or he plugged into the wrong jackpoint.

Start by asking them to check if it has an ADSL signal.

Time to find a new industry!

robbyp

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#336394 30-May-2010 21:56

Momentum: I was able to get the modem back, tested it (still works) then sent it back to him.
He's now bragging about his two year experience on modems - which I find is quite hilarious.

Well whatever, I'm ready to wear the bad feedback and move on. He's threatening to report me to Trademe when I've already laid out the Terms and Conditions for him.

I've already added him to my Trademe and email blocklist.

Perhaps if you can prove it works to them , they will then accept it is an issue at their end. Modems are however not easy to physically prove they are working, without actually seeing it in action. I once purchased a cheap MP3 player off trademe a few years ago, one of those cheap chinese imports. It was faulty as music I copied over to it was choppy, and it would stop for no reason every so often. When I sent it back, they said they tested it, and it worked fine, which was bollocks. They did however switch it for a new one, and the new one they sent worked fine. If you can show that you tested it, and provide some proof of that testing, they should then be able. Ohterwise they will need to prove that it isn't working properly.

They can take you to the disputes tribunal for the refund, and they may possibly win too, as it usually goes the buyers way from my past experience. If I was in your situation, I would have just refunded them the money, and resold it to someone else, as it is not worth the hassle. Then you will know that if someone else buys it, and it doesn't work for them, that there may actually be something wrong with it.

nzpat

167 posts

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#336405 30-May-2010 22:28

Caveat emptor : buyer beware, he has no recourse at it was a private auction.

take the negative, and give him a negative.

sounds like a tosser.

good luck.

robbyp

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#336413 30-May-2010 23:02

patznz: Caveat emptor : buyer beware, he has no recourse at it was a private auction.

take the negative, and give him a negative.

sounds like a tosser.

good luck.

Thats actually not correct, they can still take you to the disputes tribunal. If it was buyer beware due to it being a private auction, then sellers could fob you off with anything, and you would have no recourse. My issue is if there was actually nothing wrong with the modem, then why doesn' t the seller just give the guy a refund, and then try selling it again. You are going to get a small percentage of tossers on trademe, but that is the luck of the draw. If the product is alright, then they shouldn't have any further issues selling it, and with the next buyer. I've threatened to take a seller to the disputes tribunal before, due to the item not matching the description, and them refusing to deal with it. The good traders will give you a refund, the bad ones will just ignore you.

Zytorious

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#336512 31-May-2010 11:02

robbyp:
Perhaps if you can prove it works to them , they will then accept it is an issue at their end.

I've given him a screenshot of the modem's status page showing that it's functioning and connected.

robbyp:

Thats actually not correct, they can still take you to the disputes tribunal. If it was buyer beware due to it being a private auction, then sellers could fob you off with anything, and you would have no recourse. My issue is if there was actually nothing wrong with the modem, then why doesn' t the seller just give the guy a refund, and then try selling it again. You are going to get a small percentage of tossers on trademe, but that is the luck of the draw. If the product is alright, then they shouldn't have any further issues selling it, and with the next buyer. I've threatened to take a seller to the disputes tribunal before, due to the item not matching the description, and them refusing to deal with it. The good traders will give you a refund, the bad ones will just ignore you.

Price he paid for the modem: $45, Send a claim to the Disputes Tribunal: $30. Really... all that for the extra $15? It's only worth it when you pay over $150ish.

I've actually tried helping him, sending him numerous emails and whatnot and tested the modem. I'll confidently say that the problem is at his end, hence his problem not mine.

xpd

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#336516 31-May-2010 11:12

Momentum: He's now bragging about his two year experience on modems - which I find is quite hilarious.

2 years ?
Hes a n00b

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robbyp

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#336697 31-May-2010 17:34

Momentum:
robbyp:
Perhaps if you can prove it works to them , they will then accept it is an issue at their end.

I've given him a screenshot of the modem's status page showing that it's functioning and connected.

robbyp:

Thats actually not correct, they can still take you to the disputes tribunal. If it was buyer beware due to it being a private auction, then sellers could fob you off with anything, and you would have no recourse. My issue is if there was actually nothing wrong with the modem, then why doesn' t the seller just give the guy a refund, and then try selling it again. You are going to get a small percentage of tossers on trademe, but that is the luck of the draw. If the product is alright, then they shouldn't have any further issues selling it, and with the next buyer. I've threatened to take a seller to the disputes tribunal before, due to the item not matching the description, and them refusing to deal with it. The good traders will give you a refund, the bad ones will just ignore you.

Price he paid for the modem: $45, Send a claim to the Disputes Tribunal: $30. Really... all that for the extra $15? It's only worth it when you pay over $150ish.

I've actually tried helping him, sending him numerous emails and whatnot and tested the modem. I'll confidently say that the problem is at his end, hence his problem not mine.

If it is only $45, then obviously it wouldn't be worth taking to the DT, however some people will still do it if they feel they are in the right and have lots of time.

I think it is just bad luck that you got a difficult trader. I personally would have just refunded him and then resold it, as you shouldn't have any further issue if it is working fine.

freitasm

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#336699 31-May-2010 17:41

robbyp: I think it is just bad luck that you got a difficult trader. I personally would have just refunded him and then resold it, as you shouldn't have any further issue if it is working fine.

And remember to take pictures and serial no. before selling again.

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Zytorious

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#338979 7-Jun-2010 11:15

Okay, he finally gave me a negative feedback which means the deal should be over. But that's not all - he still wants to send it back to me and I can keep the money.

Something strange?

Again I don't want it back, it's unnecessary clutter in my house.

wreck90

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#338980 7-Jun-2010 11:25

Momentum: Okay, he finally gave me a negative feedback which means the deal should be over. But that's not all - he still wants to send it back to me and I can keep the money.

Something strange?

Again I don't want it back, it's unnecessary clutter in my house.

You know, this buyer didn't go to all the effort of winning the auction and depositing money into your account just for the fun of claiming the item is faulty (assuming they are not trying a switcheroo , record the serial #).

You should have really taken it back , and pay for postage costs.

Put yourself in the buyers position.

I used to have one of those modems myself, and it was rubbish anyway.

Zytorious

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#338998 7-Jun-2010 11:59

wreck90:
Momentum: Okay, he finally gave me a negative feedback which means the deal should be over. But that's not all - he still wants to send it back to me and I can keep the money.

Something strange?

Again I don't want it back, it's unnecessary clutter in my house.

You know, this buyer didn't go to all the effort of winning the auction and depositing money into your account just for the fun of claiming the item is faulty (assuming they are not trying a switcheroo , record the serial #).

You should have really taken it back , and pay for postage costs.

Put yourself in the buyers position.

I used to have one of those modems myself, and it was rubbish anyway.

Right... auctions on Trademe should already be treated on an "as is" basis. You can even look at the T&C.

I'm not a salesman where you could just walk up to and ask for a refund.

I know myself it's perfectly working so I'm not obliged to take it back and give a refund.

robbyp

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#339010 7-Jun-2010 12:29

You are required to give a refund if it is faulty, as the item is being sold in a non faulty condition. As I previously said, you would have been best to take it back and give a full refund, it's the honourable thing to do. This is regardless of whether you think it is faulty or not. It is you word againest theirs whether it is working properly, and a lot of people do offload their faulty products on trademe. I have been caught out myself by this deception. If you had refunded you would not have got bad feedback. Sounds like you rubbed the person up the wrong way and probably deserved the negative feedback. Put yourself in their situation. Hope you don't run a business that provides customer service.

wreck90

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#339011 7-Jun-2010 12:32

Momentum:
wreck90:
Momentum: Okay, he finally gave me a negative feedback which means the deal should be over. But that's not all - he still wants to send it back to me and I can keep the money.

Something strange?

Again I don't want it back, it's unnecessary clutter in my house.

You know, this buyer didn't go to all the effort of winning the auction and depositing money into your account just for the fun of claiming the item is faulty (assuming they are not trying a switcheroo , record the serial #).

You should have really taken it back , and pay for postage costs.

Put yourself in the buyers position.

I used to have one of those modems myself, and it was rubbish anyway.

Right... auctions on Trademe should already be treated on an "as is" basis. You can even look at the T&C.

I'm not a salesman where you could just walk up to and ask for a refund.

I know myself it's perfectly working so I'm not obliged to take it back and give a refund.

You are not obliged at all. But, i'm not sure the buyer went to all this trouble just for the fun of it. Maybe the modem is still working, the buyer might be techno-useless.

If I sold something to a buyer with a high rating, and something went wrong I'd be inclined to trust the buyers word.

Anyway, as you say, you don't need to accept a return and this just goes down as life experience.

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