18-06-2015 09:36 PM - edited 18-06-2015 09:37 PM
We sold a gas log fire (eneded 31 days ago) seller picked up a few days later and paid cash - they were very happy with the unit, we described it as the model number that came with the operating instructions we got it with (picture is the same on the front of the operating manual so corresponds in my eyes!) and we advertised it as needing a clean as it's been sitting in the shed for 12 months.
Now these buyers have just phoned us tonight to say that they want some money refunded as they've had to spend money on the unit. They are upset that it's not natural gas (we didn't specify what gas it was as most are LPG and every other serious bidder actually contacted us and asked) but again we just said it was gas - didn't specify LPG or Natural. They said they had to put a mantle around it (how the hell is that our problem?!) AND they said they've pulled the logs out of it, added pebbles etc (again - how is that our problem?!) - but clearly they've modified it. Now i should mention they've also installed it.
They are trying to tell us we've sold them a different model number but what they are giving us sounds like a seriel not model number (so obviously different!!!) We asked for a picture of the so called model number to prove that it doesn't correspond with the manual we sold it with and thier response was "what do you want that for?!".
Where do we stand, they paid cash, as far as we are concerned we sold the unit as is and as described. I think they are just upset as they didn't look into what they bought before bidding (carrying onto my husband that we sold them a 20 year old heater.... - um we NEVER specified age - only model number!!!) and they've had it for a month and obviously done modifications to get it to thier liking and install it - so who knows what they've done to it!
What reprocussions does this have for us (if any?)
Solved! Go to Solution.
on 19-06-2015 09:50 PM
go back and re-read my post from 8.12am this morning.
Here's a summary:
Do not speak to them on the phone, let it go to messagebank so that there is a recording of any offensive message from them.
Make a police report and get an incident number. Tell your buyer that incident number. When they know that you are not going sit back and take their abuse it will stop.
If they speak to the police they will be told that their eBay problems with you are a civil matter BUT their abuse/threats IS a police matter.
on 19-06-2015 09:53 PM
@bakeandfry wrote:
Cats, im not quite shure what you mean by answered questions on ebay app.
i ask sellers questions about listings if im unsure of something, and they answer me.
unless i mis-understood your comment.
On a desk top computer set up - a seller gets to chose if questions that they answer from buyers will be shown at the bottom of a listing.
These then appear at the bottom of listing description (such as in the OPs listing) when viewed on a desk computer.
On a mobile app these "answered questions" do not appear (unless in classic view).
So not all prospective buyers get to view the same information as others have access to.
19-06-2015 09:58 PM - edited 19-06-2015 10:00 PM
@spanka4perry wrote:
Thanks for the replies - I know happy to ignore but they keep upping the ante with taking us to VCAT and my husband is worried so just wanted to check. I would have thought they may have had a case if they hadn't had it for a month and modified it but they have. Will ignore them now and wait and see if we get a legal letter - surely there is a time frame on this! Like 28 days after pick up or something?
Are they just very upset and tried to reach a resolution with you, and in the absence of this have now advised that they will seek legal action
Or have they actually threatened you with something other than the fact that they intend to take legal action ? Your posts are not clear about this.
on 19-06-2015 10:03 PM
on 19-06-2015 10:36 PM
It is a second hand item bought at auction here is the contract between the buyer and the seller
Used |
Ended: 17 May, 2015 16:21:09 AEST |
Winning bid: AU $1,525.00 |
Postage: Local pick-up offered. |
Item location: Labertouche, Australia |
Heat-N-Glow gas log fire model SL-550TRS-Aud.
Minimal use, been sitting in the shed for the last 12 months as we put in a wood heater as soon as we bought the place as we have access to readily available fire wood. We used it a few times before we took it out and it's very warm and economical and looks great.
Needs a dust off as been sitting in the shed. Comes with manual, remote and hand made rear safety screen to go over external flue. Please note its a rear exhaust/flue which is easily put through brickwork and saves the hassle of a vertical flue.
Located Labertouche
.
Condition: | Used: An item that has been used previously. The item may have some signs of cosmetic wear, but is fully operational and functions as intended. This item may be a floor model or store return that has been used. See the seller’s listing for full details and description of any imperfections. | Heater Type: | Indoor |
Power Source: | Gas |
Q: Just wanting some dimensions for the gas fire. Also does it run on LPG or Natural gas? Thanks, Brendan 041xxx(amended) A: The unit dimensions are 1045mm long, 890mm high, 540mm deep, this unit runs on LPG, |
19-06-2015 10:51 PM - edited 19-06-2015 10:53 PM
Do you ever bother to read others posts before you chime in Colic ?
The contract details may not reflect Question information shown at the bottom of the listing in your screen shot if the buyer used a mobile app.
The contract between them will also include the photographs of the goods.
on 19-06-2015 10:55 PM
on 19-06-2015 10:56 PM
caveat emptor buyer beware. Any astute buyer needs to read the whole contract. That a clause or information may be obscure or indeed if the buyer does not read the whole contract is not the sellers concern..... It's simple....
you mentioned contract does the "contract" state that the fire is LPG?
19-06-2015 11:09 PM - edited 19-06-2015 11:13 PM
@colic2bullsgirlore wrote:caveat emptor buyer beware. Any astute buyer needs to read the whole contract. That a clause or information may be obscure or indeed if the buyer does not read the whole contract is not the sellers concern..... It's simple....
you mentioned contract does the "contract" state that the fire is LPG?
If the model details provided are for a natural gas model (that has subsequently been converted to LPG) then the buyer may have reason to seek an out of the deal.
Invisible contract clauses that can apply to a sale ~ give me a break
on 19-06-2015 11:10 PM