Jacket issues with buyer

**Tzar** · 10th June 2009, 11:55

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** · 10th June 2009, 11:57

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

Steve

**Mully** · 10th June 2009, 12:02

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** · 10th June 2009, 12:05

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** · 10th June 2009, 12:06

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** · 10th June 2009, 12:06

Originally Posted by Mully

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** · 10th June 2009, 12:06

Originally Posted by *Col*

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** · 10th June 2009, 12:09

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** · 10th June 2009, 12:24

Originally Posted by Tzar

... 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** · 10th June 2009, 12:27

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** · 10th June 2009, 12:34

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** · 10th June 2009, 12:36

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** · 10th June 2009, 12:40

Originally Posted by vifferman

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

Originally Posted by Tzar

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** · 10th June 2009, 12:46

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** · 10th June 2009, 13:05

Originally Posted by dangerousbastard

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.