solution for buying a club that i received damaged

[bigslice]

serious thoughts and opinions on this please, bought a club from someone on here. got the club last wed and it looked fine. went to the driving range thursday and warmed up with my white beast. got the second hand club out and had a wee look at it. noticed it had three different weights in it. 16g 10g and 1g. thought that was a bit strange as im sure the club standard was 16g 1g 1g, this wasnt in the advert but no biggy. so being a bit curious i removed the three weights with my TM wrench as there wasnt one sent with the driver. on inspection the middle hole has a crack in it. i havent hit a ball yet with this club!! theres me with a basket of balls and a broken driver.
now i have contacted the seller and told him about the club. now ive been honest with my side of the story and he has told me his side. as he says its all about trust and i am NOT saying he knowingly sold me a damaged club. i have asked for his address to send the club back and get my dosh back. (£50)
email back and forth and he has said the club was fine before he sent it but has said he didnt take the weights out to inspect it. i sold two clubs with MVT and took them out to inspect them before sending.
he has said he wont refund dosh and im left £50 squid down and a unusable club.

as ive said to him im not accusing him of knowingly sending a damaged club but thats the situation.
thoughts please and possible solution or comprimise.
this post isnt to provoke him but for me to find a solution as we both feel we have done nothing wrong.

and before you ask im not naming till this has run its course

 

[Fish]

How long was it before you reported back to the seller that something was wrong?

Did the seller have the club from new? If he did then he has changed or knew about the weights not being as per the clubs standard issue and as such the situation falls more in your favour as by your description a heavier weight has been replaced incorrectly causing the damage.

If he had it second hand, how long has he had it and was he playing with it recently before selling it and what was the reason for selling?

How did you pay?

If you are not getting anywhere mutually then if you paid via Paypal or through a credit card company then raise a dispute through them and with all the statements and evidence that will be requested and presented to either of those companies, an independent decision will then be made.

As a retail owner, your rights under The Sale of Goods Act is no different to that with second hand goods purchased than it is for new items! As such you are entitled to keep and inspect the goods within what is deemed to be a reasonable amount of time and if they are not as described or fit for purpose you are entitled to return the goods for a full refund.

HTH

 

[BeachGolfer]

Final point first: he should refund you without question.

If he bought club new, he returns to manufacturer and in all likelihood gets a new stick. If he has purchased secondhand then perhaps he should have checked all aspects (like you have) to make sure it is as expected. If he has had and used for 6 months and has no recourse, he has to suck it up and take the loss or sell for scrap value. Give him a week to do the honourable thing.

 

[Fish]

If he bought club new, he returns to manufacturer and in all likelihood gets a new stick..

You never have to deal with anyone other than the person, shop or business that directly sold you the item in question. Your "contract" is with them and nobody else.

The only time that would not come into place would be if that business then ceased trading but you still had a manufacturers warranty and as such you would ask them where to send it to, being either themselves or another distributor willing to act as a third party.

 

[brendy]

Is the club actually unusable with the weight inserted and tight?

 

[thecraw]

Refund mate.

Only decent thing to do is refund the money IMO.

 

[Val]

Refund, this website is all about selling on trust and passing good deals between forumers. Once the trust is broken then its a sad dday.

 

[chrisd]

I agree with the other guys that morally a refund would be fair and I would hope forthcoming.

I am certain though that the legal position is quite different. If he sold the goods were secondhand and the seller is not a trader or dealer in golf gear it would have been sold "caveat emptor" which is "let the buyer beware" and so long as he didn't knowingly misrepresent the club then there is little to be done legally. This would be the same if, say, you bought a car from someone privately and a week later the gearbox went wrong.

I cant comment on the posting by Fish about Paypal or credit card chargeback/dispute but doubt that they would entertain reversing a private transaction on secondhand goods - I stand to be corrected

I hope that the person on here reads the posts and agrees to do the right thing

 

[Fish]

I agree with the other guys that morally a refund would be fair and I would hope forthcoming.

I am certain though that the legal position is quite different. If he sold the goods were secondhand and the seller is not a trader or dealer in golf gear it would have been sold "caveat emptor" which is "let the buyer beware" and so long as he didn't knowingly misrepresent the club then there is little to be done legally. This would be the same if, say, you bought a car from someone privately and a week later the gearbox went wrong.

I cant comment on the posting by Fish about Paypal or credit card chargeback/dispute but doubt that they would entertain reversing a private transaction on secondhand goods - I stand to be corrected

I hope that the person on here reads the posts and agrees to do the right thing

The Sale of Goods Act is very clear in that, it does not differentiate between new & secondhand goods so the law of selling is universal.

I am an owner of retails shops for many years so I am very accustomed to the act.

 

[bigslice]

Refund, this website is all about selling on trust and passing good deals between forumers. Once the trust is broken then its a sad dday.

it is all about trust and ive said 'im sure they did not knowingly send it damaged'

 

[Val]

it is all about trust and ive said 'im sure they did not knowingly send it damaged'

I know you said it bud but if they don't believe YOU then trust is broken, it's a two way thing between buyer and seller.

 

[Twire]

The Sale of Goods Act is very clear in that, it does not differentiate between new & secondhand goods so the law of selling is universal.

I am an owner of retails shops for many years so I am very accustomed to the act.

The rules change with private sellers
If you're buying second-hand goods from private seller (someone who doesn't sell goods for all or part of their living) your rights are nowhere near as strong as when buying from a shop.
The only protection is that it's correctly described and the owner has the right to sell it. Here it really is a case of caveat emptor or 'let the buyer beware'.
So if the seller says nowt or little about the goods and you buy it, then that's it. Even if it's shoddy, you weren't mis-sold, so have no comeback. Though if they lie to you – you do.


That's a c&p from the moneysavingexpert site on consumer rights.


But the right thing to do is refund.

 

[CMAC]

was the sale done in the GM FS section?

Irrespective of that I'm firmly in the 'refund due' camp especially as its someone on here and probably 'known' so trust is key here.

 

[Wolfman]

VERY TRICKY

The facts about trust are true but the seller and the buyer could argue that the issue wasnt known to them or the seller could suspect the buyer damaged by over tightening the weights etc ( you can see where i am going with this )

It is more likely that both of you have done nothing wrong and the club had this fault but the seller didnt know of it, it happens.

The seller should refund really but you have to maybe expect this may not happen and you may have to sell the club on ( ebay )

Not the right thing i know but one way of recovering your losses

I suspect if you re-fiited the weight and sent it to Golfbidder they wouldnt check that close anyway !!

Hope you find a way to resolve it but this may be hard and you must rememebr the seller may be equally innocent in this as well as the buyer

 

[Farneyman]

Refund without question. As mentioned its all about trust here.

PM me the persons name so I know not to buy from them in future if you don't get a full refund.

Hope it gets sorted and the person does the right thing?

 

[PhilTheFragger]

Looks like a clear case of nobodies fault, but the club is damaged, the seller should man up and refund

if not feel free to name and shame.

Fragger

 

[DelB]

If it were me, I'd refund. It's only £50 and its not worth losing face on here for such a relatively small amount. As has been said, it's a trust thing. I've no doubt that the seller genuinely wasn't aware of the issue, but that's no reason to pass up on the responsibility to rectify the situation.

 

[Jon321]

Name and shame

Sort of thing you might expect on eBay or other selling sites but I'd like to think that on a friendly golf forum the seller would be decent enough to refund.

 

[USER1999]

I can't see how a genuine club head would crack. I've never heard of it before.

 

[Val]

I can't see how a genuine club head would crack. I've never heard of it before.

It does for definate