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robbyp
1199 posts

Uber Geek


  #339012 7-Jun-2010 12:33

PS. You mention 'as is' which is different from selling it in a perfectly working condition. It appears you sold it in a perefectly working condition, not 'as is'

 
 
 

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MikeyPI
450 posts

Ultimate Geek


  #339014 7-Jun-2010 12:44
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robbyp: 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.


What  a crock. So honor only goes one way? Its not his fault the buyer is mentally incapable of configuring the modem. A sale is a verbal contract, he completed his side of the deal, the buyer needs to honor his side of the deal. Projecting your own self admitted biased morals onto the OP's situation is wrong. It seems he has taken every step to help, the the buyer has done nothing but either lie, or mislead through ignorance. Customer service doesn't mean take grief from people who are wrong...

 

Zytorious

29 posts

Geek

ID Verified

  #339015 7-Jun-2010 12:44
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robbyp: 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.


It's private sale, I'm not really obligated to give refund. Having said that, the buyer should already have the buyer beware attitude. I completely have no problem with the negative feedback.

I know customer service, I don't plan on running business.

robbyp: PS. You mention 'as is' which is different from selling it in a perfectly working condition. It appears you sold it in a perefectly working condition, not 'as is'


Even though, it's still at your own risk.



robbyp
1199 posts

Uber Geek


  #339017 7-Jun-2010 12:54

MikeyPI 3 mins ago

robbyp: 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.


What  a crock. So honor only goes one way? Its not his fault the buyer is mentally incapable of configuring the modem. A sale is a verbal contract, he completed his side of the deal, the buyer needs to honor his side of the deal. Projecting your own self admitted biased morals onto the OP's situation is wrong. It seems he has taken every step to help, the the buyer has done nothing but either lie, or mislead through ignorance. Customer service doesn't mean take grief from people who are wrong...




Incorrect , this is not a 'verbal' contract. I can tell you that if the buyer took this to the disputes tribunal they would most likely win. There aretwo sides to every story and you only have the buyers word that it was working properly. I have been I. This situation before myself where the seller said it was working fine, when it wasn't. I am not saying in this case the buyer isn't selling a perfect working modem, but they lose very little by just giving a refund and then selling it to someone else. As I previously said, people use trademe to dump faulty products.
 

robbyp
1199 posts

Uber Geek


  #339018 7-Jun-2010 13:00

Momentum

if you are selling as is, then the buyer probably takes the risk that what they get may not work. How in that case it would be priced as such. However if you are selling it in perfect Working condition and it doesn't work then you would need to provide a refund under contract law. Your problem is that it is difficult to prove either way whether it is faulty or not due to the nature of the product, which is why I said that the best thing to do is just refund straightaway.

Zytorious

29 posts

Geek

ID Verified

  #339022 7-Jun-2010 13:35
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robbyp:Incorrect , this is not a 'verbal' contract. I can tell you that if the buyer took this to the disputes tribunal they would most likely win. There aretwo sides to every story and you only have the buyers word that it was working properly. I have been I. This situation before myself where the seller said it was working fine, when it wasn't. I am not saying in this case the buyer isn't selling a perfect working modem, but they lose very little by just giving a refund and then selling it to someone else. As I previously said, people use trademe to dump faulty products.


For the price of the goods and to make a claim, even Judge Judy wouldn't approve.
Of course you would also have the right defend yourself at the Disputes Tribunal otherwise a lot of people would be abusing the system. Sure the seller will lose little but it's the burden of having to resell it.

Will I be able to sell it again and at the same price? Unlikely...

robbyp: Momentum



if you are selling as is, then the buyer probably takes the risk that what they get may not work. How in that case it would be priced as such. However if you are selling it in perfect Working condition and it doesn't work then you would need to provide a refund under contract law. Your problem is that it is difficult to prove either way whether it is faulty or not due to the nature of the product, which is why I said that the best thing to do is just refund straightaway.


This wasn't bought from a store and I'm not sales representative. I've already sent him a screenshot of the status page to prove that it works when I tested it again.


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