Jacket issues with buyer

[Tzar]

Hey guys,

I come to you in advice of what I should do.

I purchased a Bike jacket on trade me from a member on KB operating a Bike clothing shop. I was informed that the size he had in stock would fit perfectly. I went ahead with the purchase. It is a very nice jacket.

When I received it I tried it on and within 2 min my arms were going dead and its very thigh across the shoulders.

Iv approached the seller asking for a refund, who as I say is running a legitimate Company, I wont mention names until I absolutely have too. His response was that it was a clearance item and auctioned off below retail price. All of that is understandable. But nothing was mentioned in the auction description regarding no refunds. If there was something about no refunds I would have taken my business elsewhere.

Now this wonderful person who I have lost all respect for has started ignoring my emails, and txts. Calls will come next. Great customer service mate, great!

I come asking for advice. I dont want a "credit" because I have already purchased all my clothing elsewhere, apart from the jacket. I am a poor student who does not have the extra 300 bucks to buy a jacket from this shop. Where do I stand?

[CookMySock]

LOL, I reckon he will give you your money back.

Steve

[Mully]

Well, as I understand it, if a claim was made by the seller as to the suitablity of the article (in this case, that the size was Ok for you) you do have some recourse. I'm sure the local bush lawyers will be along in a minute to flame me.

This is the downside of buying anything (particularly clothing and helmets) sight unseen over the net.

[Colapop]

Name the seller and you'll get a very quick response. The consumer guaruntees act allows for a full refund. Because it is an online seller and does not have a premises that it sells from the buyer is entitled to a refund of the purchase price.

[vifferman]

If it's a KB member, don't shoot yourself in the foot by slagging him off publicly on here.
First off, it sounds like a case of 'caveat emptor' ("Let the buyer beware"). This means it's always a risk buying something sight unseen over the Internet. Buying bike gear, it's ALWAYS a good idea to try stuff on before buying, as good fit and comfort are very important for bike gear. In hindsight, it would also have been a good idea before you committed to the purchase to have discussed what you could do in the even the jacket didn't fit.

Having said that, if the seller is reputable, he/she should be willing to sort something out with you, even though (for instance) reselling the jacket or replacing it with another is going to cost him/her. When running a business, customer goodwill is VERY important, as is a good reputation.

[rosie631]

This is the downside of buying anything (particularly clothing and helmets) sight unseen over the net.

Yep.You could try reselling it on trademe. Get something back at least.

[vifferman]

Name the seller and you'll get a very quick response.
It may not be a favourable one, particularly if there are some important details of the deal that haven't been disclosed here that have a bearing on this issue.

[Tzar]

thanks for such replies!

unfortunately as it was old stock "clearance" they dont have any other sizes. They just came out with a new range that are twice as expensive.

I really hope so, thats why i bought it because I had no doubt in my mind that if it was a wrong size I could get a refund........grrrrr such silly drama for 280 bucks.
----
I will not be saying his name. I don't agree with public slagging unless absolutely necessary. However ignoring emails and txts is very unprofessional and the attitude I have received is definitely not customer satisfaction.

I understand its risky buying bike clothes on trademe but my reasons for going ahead with the transaction was that they had a legitimate shop, and sounded like a very nice down to earth guy on KB

[vifferman]

... ignoring emails and txts is very unprofessional and the attitude I have received is definitely not customer satisfaction.
I can understand your annoyance. However, if I were you, I'd be patient for a while, as there may be a legitimate reason they haven't replied to your emails and text messages.
It sounds like it was a very good price, so if you are unable to resolve this with the seller, I doubt you would have much trouble selling it again and getting your money back.

[p.dath]

If you bought it through an auction then your out of luck. It is sold "as in where is". You should have tried it on. That's one of the reasons auctions are used - to get rid of unwanted stock. That fact that you don't want it also is a bit of a shame.

Why don't you auction it off yourself?

[Neon]

Assuming it is a leather jacket - the best fitting ones are usually tight to the point of being quite uncomfortable for the first little while. When I bought my last one in January it was as you describe very, very tight (as in just about cutting off the circulation in my arms tight) and it had me a bit worried. Two months of frequent use and it fitted like a glove, a million million times better and more comfortable than my old one.

[steve_t]

Auctions don't remove your rights if the item has been misrepresented though. You can't auction off a jacket saying that it's XL and will fit a person who normally wears an L but then send a jacket that only someone who wears a size S could wear.
Just like you can't sell your used junk and say it's brand new etc

[Winston001]

.......When running a business, customer goodwill is VERY important, as is a good reputation.




I understand its risky buying bike clothes on trademe but my reasons for going ahead with the transaction was that they had a legitimate shop, and sounded like a very nice down to earth guy on KB

I think your approach to the problem is reasonable if you aren't getting replies from email. However do not name the seller until you've explored all options.

The other point - no disrespect - is we need to know the seller's point of view. How long has this been going on? A day, a week, a month?

As for your rights, if a representation has been made that "it will fit perfectly" then you have an argument for replacement or refund. Having said that, no online seller can be expected to accurately estimate every buyers fit. Humans vary too much.

I do understand your point about a reputable dealer. However if you are buying on TM, that's not the same as buying direct from the business. I fully expect TM deals to be sold as-is unless the seller says exchanges/refunds ok.

[CookMySock]

If the trader is selling under his brand name, then he better be ready for the fallout of a bad trade. If the auction is clearly stated $1S=R, NO RETURNS, then it is, and ya pays ya money and ya rolls ya dice, but I don't think it was.

Steve

[The Pastor]

if the trader is selling under his brand name, then he better be ready for the fallout of a bad trade. If the auction is clearly stated $1s=r, no returns, then it is, and ya pays ya money and ya rolls ya dice, but i don't think it was.

Steve
not need to state on an auction, this is implied and the fiar trading act doesnt apply to auctions.

[Hitcher]

its very thigh across the shoulders.

Sounds like he's sold you a pair of trousers instead of a jacket?

[Neon]

not need to state on an auction, this is implied and the fiar trading act doesnt apply to auctions.

I think you'll find it does in this case:

From Trade Me: "The Fair Trading Act applies to online auctions when you buy from a professional trader - but does not apply when you buy from a private, "one-off" seller."

http://www.trademe.co.nz/Partners/Content.aspx?id=50

[YellowDog]

If I am buying something online that needs to fit, I would always ask the seller:
"What if it doesn't fit?"

If the reply was "Tough shit Mate" then I would not buy it.

If he replied "No probs, just send the bugger back to be changed or refunded" I would have gone ahead.

I can't believe you would buy something the H A S to fit without first asking and I certainly wouldn't place all the blame at the feet of the trader.

[Hitcher]

Offer it on Trade Me. Based on my recent experience selling secondhand leathers, you'll probably get more for it than you paid.

Chalk this one up to experience for your future forays into online trading.

[Crazy Steve]

Hey guys,

I come to you in advice of what I should do.

I purchased a Bike jacket on trade me from a member on KB operating a Bike clothing shop. I was informed that the size he had in stock would fit perfectly. I went ahead with the purchase. It is a very nice jacket.

When I received it I tried it on and within 2 min my arms were going dead and its very thigh across the shoulders.

Iv approached the seller asking for a refund, who as I say is running a legitimate Company, I wont mention names until I absolutely have too. His response was that it was a clearance item and auctioned off below retail price. All of that is understandable. But nothing was mentioned in the auction description regarding no refunds. If there was something about no refunds I would have taken my business elsewhere.

Now this wonderful person who I have lost all respect for has started ignoring my emails, and txts. Calls will come next. Great customer service mate, great!

I come asking for advice. I dont want a "credit" because I have already purchased all my clothing elsewhere, apart from the jacket. I am a poor student who does not have the extra 300 bucks to buy a jacket from this shop. Where do I stand?

Mate just wear the Jacket...Even ifs it a bit tight...

And next time try before you buy.....:)

Crazy Steve..

[Skyryder]

http://www.trademe.co.nz/Partners/Content.aspx?id=48

The Act applies to online auctions in some circumstances when you buy from a professional trader - but does not apply when you buy from a private, "one-off" seller. See our guide to online auctions and the law for more information.


I think you would be covered under the Act.


Skyryder

[jono035]

If you're bidding on anything that is end of line, clearance stock, you have to be aware that you're getting something cheap for a reason. The seller is selling it cheap to get it out the door, so understandably won't want to go through the same rigorous process they would normally with a full-price, stocked item.

Could always see if they'll take it back + extra cash for a cheaper deal on one of the new jackets? Failing that, stick a picture and measurements up here, I'm sure you'll find someone else keen for a bargain...

[Robbo]

Just go on a strict diet for the next ten days and problem will be solved.
Cheers :niceone:

[nallac]

going thru the expired listings on T/ME for XXXXxxx jackets, the seller clearly
says no returns in an answer to another question.As they are a clearance item........

Ya just have to wear it in..

[Mully]

Failing that, stick a picture and measurements up here, I'm sure you'll find someone else keen for a bargain...

Mmm, see the problem with that is that OP has said that he doesn't want to "name and shame" the person concerned. If he puts the jacket up for sale here, it will be painfully obvious even to those who have not figured out who it is yet.

My opinion is that he should have kept his argument off line and just chucked the jacket up here with a "I bought it and it don't fit"

[jono035]

Yeah, true enough. Trademe ahoy?

[Mschvs]

If it was stated no refunds, then chuck it back on Trademe and sell it yourself.

If there was no mention of No Refunds, or as is where is etc etc, then you have all right to a refund.

Check your communication with this seller, make sure you're in the right or not, and follow through.

And yeah, probably not fair to name them, UNLESS you are in the right, and they still don't follow through with a refund/replacement etc. Then I say name away, as that's what customer service is all about. Bare the brunt of public bashing if you do wrong by a customer.

[Sparrowhawk]

If it's who I think it is, then 'name & shame' won't work well on this site! I believe leather stretches, as mentioned above, wear it in, or if you're really unhappy, on-sell it, saying "bought this, didn't fit". Don't get into a slinging war online.

I don't buy gear online, the 'fit' issue is too important. Moving forward, if you're looking for low price, but reasonable quality, I would suggest going to see Rick at Lifestyle Imports in Pokeno. Not as high quality as what you've currently got, but the prices are more "wallet friendly" as a result.

[QMOTO]

Name & Shame lol this was resolved the same day it was raised here the customer is getting another sized garment and the comments "ignoring emails" well I was in Tauranga for the day and "ignoring texts" my partner was at work.............give us a chance people sheeeeeeeesssshhhhhh

No Show here move on :niceone:

[jono035]

Hahaha good to hear, quasi.

[Mschvs]

Maybe you jumped the gun a bit mentioning something like that on here buddy!

[NordieBoy]

Maybe you jumped the gun a bit mentioning something like that on here buddy!

What? Refusing to name and shame?

I thought it was quite well handled.
A rant, some responses and a result in the end.

Win - win and we all learned a bit more about the Fair Trading Act and TM.

[Tzar]

thanks for the responses, greatly appreciated, I have learned a big lesson with buying on TM, the situation is being resolved and will hopefully workout for the best for both of us :).

Jumping the gun? I dont think so. I mentioned no names, gave my side of the story. Realizing that I made a mistake, I wanted to know where i stood in regards to TM and Fair Trading Act.... Was abit over the top as I was quite frustrated and stressed at that point in time, so i apologize for jumping to such a harsh conclusion.

As Quasi said....shows over :)

[Mschvs]

What I meant was that it seems this happened in around about 1 day .... not that anything was harmed in the process, including Quasi's reputation, but given the chance, Quasi got back on his computer and sorted it out. On Trademe, don't you have something like 5 or 7 days grace to 1. Pay 2. Recieve 3. Respond?

[ajturbo]

my partner was at work.............

hope the kitchen is still clean!!!:devil2:

[crazyhorse]

Good luck mate - think you need to cut your losses - you will obviously never trade with this user again.

Only option is to list it on Trademe - who knows, you might even make more than $280 - after all it is brand new and never worn.

[Quasievil]

Good luck mate - think you need to cut your losses - you will obviously never trade with this user again.

Only option is to list it on Trademe - who knows, you might even make more than $280 - after all it is brand new and never worn.

proof that people dont read

[Quasievil]

QMOTO SAID
Name & Shame lol this was resolved the same day it was raised here the customer is getting another sized garment and the comments "ignoring emails" well I was in Tauranga for the day and "ignoring texts" my partner was at work.............give us a chance people sheeeeeeeesssshhhhhh

No Show here move on

Tzar Said

thanks for the responses, greatly appreciated, I have learned a big lesson with buying on TM, the situation is being resolved and will hopefully workout for the best for both of us .

Jumping the gun? I dont think so. I mentioned no names, gave my side of the story. Realizing that I made a mistake, I wanted to know where i stood in regards to TM and Fair Trading Act.... Was abit over the top as I was quite frustrated and stressed at that point in time, so i apologize for jumping to such a harsh conclusion.

As Quasi said....shows over

[ynot slow]

Well done to both parties here,no need to jump on the net ranting,by the annoyed customer,then no need for seller to jump up and down about not being able to put it right in a jiffy.
This is the thing about online buys,in the shop you don't buy if not fitting,online you can't do that as quick with couriers,maybe being away from computer,cell phone flat battery etc.And some people think they're the only one dealing with the seller.

Big ups on both sides here,had the potential to really get into a bitch fight where noone wins,this way both parties have solved the issue bloody well.

Thank god target and fair go weren't involved,fair go never lets the truth get in the way of a good story.

[Robert Taylor]

Well done to both parties here,no need to jump on the net ranting,by the annoyed customer,then no need for seller to jump up and down about not being able to put it right in a jiffy.
This is the thing about online buys,in the shop you don't buy if not fitting,online you can't do that as quick with couriers,maybe being away from computer,cell phone flat battery etc.And some people think they're the only one dealing with the seller.

Big ups on both sides here,had the potential to really get into a bitch fight where noone wins,this way both parties have solved the issue bloody well.

Thank god target and fair go weren't involved,fair go never lets the truth get in the way of a good story.

Another instance of kangaroo court mentality as well.....