Buying second hand, your rights or lack thereof..........

[Dannyc5799]

Also the buying isn't the issue, lack of communication. No refund being giving for a lost parcel, I can't claim from Royal Mail as even they state there responsibility is with the sender, refunds should be instant from moment item declared as lost in post. GAMBO did send me something, Royal Mail lost it. I am entitled to a refund regardless of royal mails terms. That's his business not mine. Mine is to get my money back. Not tight bank transfer was easier and quicker. Let's end this here. End of the day. No one has own from royal mails cock up. And I AM entitled to a full refund instantly. End if thread.

 

[Dusty]

Also the buying isn't the issue, lack of communication. No refund being giving for a lost parcel, I can't claim from Royal Mail as even they state there responsibility is with the sender, refunds should be instant from moment item declared as lost in post. GAMBO did send me something, Royal Mail lost it. I am entitled to a refund regardless of royal mails terms. That's his business not mine. Mine is to get my money back. Not tight bank transfer was easier and quicker. Let's end this here. End of the day. No one has own from royal mails cock up. And I AM entitled to a full refund instantly. End if thread.

Ok then, my mistake you don't live in NI.

Whoop de doo, the rest of it still stands and you persist in being a pillock about it so end OF thread isn't really your call. It's my call.

It's also my call whether or not to ban your account as you are clearly of zero benefit to this forum. You've been told that no one disputes your stuff has gone missing, Gambo IS claiming off the post office, YOU are the one who didn't pay the paypal fees therefore YOU are responsible for the delay in your claim. I have no doubt you will get your money back as soon as Gambo gets it from the post office.

However, if you do so feel inclined to go to court, please do as it will only delay your refund even further

Last warning, simmer down or you WILL be gone from here.

 

[Dannyc5799]

We have already agreed refund date of 28th of March in Lou of court action. As there is clearly a bias to pay pal on this forum I believe there should be a thread stating in plain English sellers and buyers rights, perhaps myself and @thecranster could aid you with this task as it is clearly something that would benefit other users of this forum.

 

[connor96]

We have already agreed refund date of 28th of March in Lou of court action. As there is clearly a bias to pay pal on this forum I believe there should be a thread stating in plain English sellers and buyers rights, perhaps myself and @thecranster could aid you with this task as it is clearly something that would benefit other users of this forum.

Why the seller is clearly trying his best to sort the problem out, you are new to the forum and once you spend more time on here you gain some trust with other members clearly you don't like how the forum is run and are already trying to change it to suit you so why stay?

 

[Dannyc5799]

Playing. Since 1999, joined p8nt 2004, (9 years before you) not trying to change anything just actually sticking to the law.

 

[connor96]

But I don't understand why you are giving the seller such a hard time when the Royal Mail were the ones who messed up. Granted it is a lot of money but why not give him the full amount of time it takes the Royal Mail to sort it out before taking legal action which will end up costing one of you a lot more money
Out of interest what are your rights in terms of buying 2nd hand without PayPal

 

[Dusty]

In lieu of.....

You are presupposing quite a lot. We are merely a medium for sales, ie the forum provides a section where transactions can be agreed between private individuals. That is the extent of our involvement.

If you want your legal rights covered, buy new from any retailer.

 

[Dannyc5799]

Because that's not legal, I run a business and I know what I can and can not do as a professional or a private sale. My contract of sale is with the seller not royal mail, therefor my contract with the seller has not been for filled. (The seller has not delivered the goods after I have made payment ) regardless of Royal Mail are to blame they are the seller chosen courier/delivery service, I have not employed/paid them to transport my purchase from the seller. As I have not received my purchase the seller is in breach of our sale contract. (I pay the seller £450 for the items advertised, he agrees to send me the products). So now as good have failed to be delivered I am legally required to a full refund or take seller to court to reclaim amount and any costs involved in obtaining my refund. That's the simplest way I can put this.

 

[Dannyc5799]

Rights are exactly the same except PayPal ack as mediator service to ensure goods are as described and get delivered. PayPal have access to accounts and hold money / have access to users accounts to issue refunds if resolution service fails. A form of in house small claims court. But with faster results. They are providing there service using statutory rights and sales of goods act laws.

 

[Dusty]

All of the above posts have been moved from a sales thread and any further discussion the topic is to be kept here.

From p8ntballer.com's point of view we have no legal obligation to enforce sales or deals gone wrong. It is merely a medium for sellers to advertise, that said we will intervene if we can help in some way and we're asked nicely but by and large we expect if you're big enough and able to send money for an item then you're also big enough to take your own precautions, we're not your safety blanket.

Caveat Emptor I believe is the legal term, or buyer beware. All the seller has to do is make sure the item is what he says, ie a DM10 must be a DM10 and not a 9 or an 11. If it arrived within a reasonable time and leaks like a sieve, tough. It has got to the point where people expect to pay monday morning and have the item in hand the next day. While this is technically possible common sense would allow a few days grace here and there, we normally wouldn't be concerned until a week or so has passed however as we all know Royal Fail can cock up and this is completely out of anyone's control. it is written in our sales guidelines that items should not be offered for sale unless they're ready to be shipped.

Buying second hand items from a trader or retail outlet is different and therein is the key difference, you are buying from a private individual.

In this instance I think it's fair to say Gambo ( a real person with a job and life to live) has made a more than reasonable attempt to deliver by special delivery after some haggling on his asking price however he has been let down by royal mail.

Danny decides that hardball is the way to go and demands a refund immediately otherwise court action will ensue.

I'm going to ask @admin his thoughts on this one as he is the expert and has been down this road before, my initial thoughts are that you can go to court all you like, there is absolutely no intent to defraud by the seller in my opinion. He's been paid and possibly spent the money on something else, made a good attempt to deliver by probably the most secure route available and the delivery company has, beyond the sellers control, cocked up. Sh*t happens, get over it.