Not to sure where I stand on this but think I might be out of pocket on this one.
I brought some Fox Forks on 22/04/11 this year off Ebay from a seller with good history and they arrive nicely, I gave them a very quick once over (too quick it now seems) and then left them in a they're packaging under my desk at work whilst I awaited delivery of a new frame. Frame arrived this week and I start building it and I notice the steerer tube is cracked from the top running about 5cm down. I've contacted the seller and they said it was fine when it left here and you've had them 6 weeks, what do you want me to do? Which to be honest I can understand I should have checked them more thoroughly, do I have any rights here or is it an expensive lesson learned?
I'd be very relaxed about getting the crack welded and ground back.
If he's sold them under a description that suggests no crack present, and you can establish you didn't inspect them properly when you got them, gave feedback based on that error and that they've sat under your desk for 6 weeks then in law I think you have a remedy for damages.
Whether you can enforce it depends on how far you want to push it.
I'm about to threaten to issue a samll claim for a £5.99 ipod battery that's lasted a few months. 😛
Oh and I reckon you could fix it with some carbon fibre 😀
hi, i know from previous experience that (providing you used paypal) you can make a not as described claim for up to 80 ish days from time of receipt, very few questions are asked its mostly up to the seller to prove that the item was listed correctly, so you have a very good chance of getting your money back.
the issue for me here is that if the guy has a reputable selling record as you say he was probably either unawares of the crack or it has somehow happened in transit (very unlikely i guess) either way after 6 weeks the moneys probably been spent on something else so it would be hard on the seller if this was the case.
I would be tempted to price up a repair as 5th said above and speak to the seller, tell him that you would rather not put a claim in and if he could pay for the cost of repairs the matter would be sorted you can then claim a partial refund through paypal-if he is uncooperative go ahead and claim the full amount.
just my take for what its worth
This is the seller http://myworld.ebay.co.uk/usedbikepartsuk
Repair = new crown assembly = £££
Mojo's have quoted £250 to fix it and that includes a service though, but yikes 😯
Is this the forks and is that the crack at the top?
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Not sure where that puts you as it shows the damage was there before they were sent but he has shown it, if not described it.
buy a frame with a shorter headtube ?
It is and I didn't see it! oh god I really do need to look more closely in future but they are described as in good condition, so think I'm in the right here.
I've contacted the seller and they said it was fine when it left here
At least you've got proof that isn't true. I'd download the pictues pretty quick if I were you
Thanks for the detective work there Nick, highly ashamed I didn't notice that 😳 but at least I have something to go back with now, pics downloaded!
I would immediately would submit a paypal 'item not as described' issue.
It's just within the magic 45 days allowed. Paypal will be on your side, they always rightly or wrongly support the buyer.
Paypal will be on your side, they always rightly or wrongly support the buyer.
Though if you've already left positive feedback and had the goods six/seven weeks they may not be as supportive.
Tricky one. I'd be annoyed as a seller if someone waited that long to complain...
I'd be annoyed as a seller if someone waited that long to complain..
They well may be annoyed but they're running it as a business and should be more vigilant when describing goods. Saying that though I should have noticed it earlier but then in truth they should have never have been sold with the 'good condition' description.
Though if you've already left positive feedback and had the goods six/seven weeks they may not be as supportive.
its irrelevant, it's a delusion to think that paypal review every case. They don't. They just automatically refund as long as the buyer can prove return postage. To me it seems like a way of saving payapl having to deal with the UK's distance selling regs. Essentially it is extended distance selling regs.
OP start a dispute as long as its within 45 days and you clearly prove that you have sent the item back (when they tell you to) then you will get your money.
its irrelevant, it's a delusion to think that paypal review every case.
I know they don't but they give the seller a chance to reply first. If he can point at the fact there is positive feedback it may muddy the water.
Aren't distance selling regs more to cover new items?
To be honest I do know you stand a fair chance of getting the refund, but plenty of STW have been on the other side of the argument and often the reply is pretty much tough to the seller, they'll have to fight for the money. Rightly or wrongly.
But definitely keep a copy of the images used in the auction just in case. I'd be surprised if the seller agrees to knock off £250 for the refurb, so you should be able to post back and get the refund.
If seller is snotty maybe he won't be in too much rush to return your postage costs. Make sure you get signed for in case they go "missing" in the post.
I know they don't but they give the seller a chance to reply first.
Its just lipservice. they let the seller reply to make you think it a process , it isnt.
It has to be signed for, you need to prove delivery.
Seller doesn't decide what to refund, paypal takes what it wants.
I lost the case (as expected!) Expensive error on my part, now trying to recoup some funds in the for sale thread!
Yup, lesson learned.
I bought a used PC CPU a few years back, it didn't work, and on close inspection I notices a chip out of one corner. Looked back at the auction photo and the chip was just visible there too. Regardless, PayPal sided with buyer (an in my experience they do 99% of the time. I still use eBay, I'm just way more careful now.
blimey - so you're allowed to sell cracked items as in 'good condition' now are you.
What went wrong with the case? Can you elaborate?
ignore me. just seen that this thread was started two weeks ago.
It basically falls down to me because I left positive feedback. I'm sure if they had cycle experts at eBay I would have a bit more luck on my side but as it stands I can only blame myself for not checking the forks when I got them. Silly mistake that cost me and lesson learned for next time!!!!
I'm never in a rush to leave feedback. As a buyer it doesn't really gain you anything.
The seller is supposed to leave the feedback immediately after receiving payment.
Will remember to steer clear of that guy. What an arse.
Doesn't mean you don't have a case for a small claim if you want to go there.
I'd be interested as to where this lad gets so many quality used bike parts.
I sold this (very nice and completely fair in all my extensive dealings with him) gent a complete, very definitley not stolen Cube Ltd Race last week.
He's fairly open about where he lives and contact details etc on his website.
Given how clear the crack is in the original photo's I'm surprised that he wouldn;t give a refund and then just cut the steerer down, tbh.
Given how clear the crack is in the original photo's I'm surprised that he wouldn;t give a refund and then just cut the steerer down, tbh
I'm not - he thinks he can get away with it, and unless the OP makes a small claim, he has.
I've dealt with him several times and he has been nothing but a gentleman. Bit of a strange one this.
blimey I stand corrected. Sorry you lost your case. I was 100% confident that your feedback was irrelevant to disputes.
Well it's a shame all the same, especially as I now know his an active member on here so probably [s]would have seen this post but declined to comment[/s] wouldn't have seen this post because it isn't in the classifieds? I openly admit I'm a tool for not checking on receipt but selling dodgy goods in the first place is just bad manners. Won't be using him again.
Would be worth looking for a replacement CSU, or even a cheaper battered set you could strip down for spares ?
[url= http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=170656130237#ht_530wt_1141 ]used one[/url]
[url= http://activesport.co.uk/shop/article_1863/Fox-32mm-Forx-Crown-Steerer-Assembly.html?pse=coa ]New one[/url]
Replaced one on my Revelations which is easy enough to do.
I thought about it but then I'll be looking at £300+ for a pair of second hand forks? Not good.
I now know his an active member on here so probably [s]would have seen this post but declined to comment[/s] wouldn't have seen this post because it isn't in the classifieds?
Ooh, a trade classifieds only member
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The original seller contacted me today and offered to refund me some money as a good will gesture, which I do really appreciate. I think this whole affair has just been a case of one of things. I thought I'd walk away out of pocket but thankfully it has turned out ok. I know there has been some real dirt bags on here and eBay flogging dodgy parts etc but I certainly wouldn't this put this chap in that catagory. If memory serves me correct I think I purchased some Hope Brakes from him a few years back and they we're fine so as I said, one of those things. Glad I can put this one behind me now. Thanks to all for input etc
So, cup of tea and then off for a ride I think.........