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pozmans

Problem with Seller (delivered defective goods)

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pozmans

Hi,

 

Any advice or help would be appreciated. I bought a book safe from the seller "Speedy Gonzalez", upon receiving the item i found it was badly damaged. I contacted her and she said that she takes no responsibility and that its the post office's fault. She took out insurance but doesnt want to claim and refund me! I've tried contacting her but no reply. Bidorbuy seems to want nothing to do with this and merely says they cannot help. So now I'm sitting with a defective product that i paid alot for but can't use! What remedy do I have against the seller or Bidorbuy? Surely Bidorbuy has to do something seeing as though by not stepping in they condoning people being scammed!

 

All I can think of is filling a complaint with the National Complaints Council seeing as this falls within the CPA of a buyer rejecting goods he has not seen - Section 20 subsection 2(b)? Is there anything I can do with the police seeing as though she won't respond?

Edited by pozmans

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jphotography

Ask for a refund

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pozmans

From Bidorbuy or the Seller? I have tried contacting the seller and emailed her countless times trying to get a refund but she doesn't answer or respond. It has been just under a week now, she started off by saying she doesnt take responsibility therefore I must sort it out with the Post office but only the Sender can do that? Now she doesnt even reply or respond.

 

As for BoB, Nape Legodi is as useful as a spoon in a gun fight. I contacted their legal department however "nothing can be done from our side"

Edited by pozmans

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qball

Dear pozmans

 

Thank you for your post. Unfortunately there is very little we can do for goods that are damaged in transit as claimed by the seller. It is important to remember that bidorbuy does not sell the goods to you, nor can we be responsible for damaged or defective goods bought on the site as we do not sell, supply, produce or stock any of the items sold. You bought an item directly from Speedy Gonzalez, a seller on the site, but we do not offer any warranties or guarantees on products purchased. We have advised you to contact the Consumer Council as is your right to lodge a complaint against the seller.

 

This does not constitute a scam or fraud, but a product based issue where damage may have been caused by the postal service. We contacted the seller for feedback, they deny any wrong doing and state on their listings that they are not responsible for damage to items in transit.

 

We apologise for this unfortunate situation, but this is unfortunately not a scam or fraud issue.

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pozmans

Hi Gball,

 

I never said BoB was related to the sale? I'm saying action must be taken against the seller from their side.

She can say anything she likes about having no responsibility but the CPA i.e LAW says differently. Do you contend this? The CPA says I am entitled to a refund and I am not getting it. The seller is not responding and said I must claim from the Post Office, but that is not my role as a buyer, is it? So I must just sit around and twidle my thumbs as BoB condons sellers breaking the law via the BoB platform and not doing anything about it.

 

Please also clarify scam - how would a person describe: Being sold a defective product with insurance however not being able to receive the insurance claim as the seller has seemingly "disappeared"/will not respond to communications? Therefore leaving the buyer with a broken product whilst the seller keeps the money.

Edited by pozmans

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jphotography

I had a look at the item and it seems to me that your parcel was insured for, surely she can claim from the PO and you have paid for this parcel with insurance, try and contact the PO where you got the parcel from and ask them how to do a claim.

If that fail my answer in this case will be email this seller with the respond that you want to do a refund for the item and if she does not want to tell her in the email that you have the right to contact the Consumer Council and complain. Allow her 7 working days to respond if not then do a formal complain.

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pozmans

She can claim but she doesn't want to! That is why I am so uptight regarding this matter.

I have no idea what her problem is and nobody can give me a straight answer on the procedure to be taken against the seller.

I'm sorry if I come across as irritable, not only towards you but anyone else reading, however she is really getting on my nerves and i feel hopeless as she just keeps my money.

 

I will however resort to filing a complaint with the NCC as it seems thats the only option left - just hope they actually respond.

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kebs

As far as I know, the insurance at the post office only covers lost items, not damage to items. This is why I offer a courier service as well, & it's in my terms & conditions that insured via SAPO only covers loss, not damage..

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qball
Hi Gball,

 

I never said BoB was related to the sale? I'm saying action must be taken against the seller from their side.

She can say anything she likes about having no responsibility but the CPA i.e LAW says differently. Do you contend this? The CPA says I am entitled to a refund and I am not getting it. The seller is not responding and said I must claim from the Post Office, but that is not my role as a buyer, is it? So I must just sit around and twidle my thumbs as BoB condons sellers breaking the law via the BoB platform and not doing anything about it.

 

Please also clarify scam - how would a person describe: Being sold a defective product with insurance however not being able to receive the insurance claim as the seller has seemingly "disappeared"/will not respond to communications? Therefore leaving the buyer with a broken product whilst the seller keeps the money.

 

I am afraid the CPA is open to interpretation and I am not certain that you would be entitled to a refund. Auctions, our understanding is, are not covered by the CPA. Both you and the buyer have obligations and responsibilities in this regard, and yes, you should lodge a claim at the Post Office and also take them to the Consumer Council as they facilitated the delivery, realistically, the seller has no physical control over how the PO handle and treat the parcels. I don't think the seller has broken the law but that would be for the NCC to decide, and if they find that they have contravened the Act, then we can take steps, but at this stage this is not clear so we cannot simply take steps against them. Ultimately the issue must be resolved between buyer and seller. Post Office insurance as we understand it, only covers loss, not damage, but this is something you would need to discuss with the PO.

 

The seller has in many respects fulfilled their role - they shipped the parcel and it was delivered to you. As I stated above, this is not fraud. Fraud is defined as intentional and deliberate deception for personal or financial gain. This is highly unlikely seeing as the item was in the hands of the postal services and the damage may have occurred during transit. We believe the seller still has a responsibility to you to provide customer service and feedback and should try assist you, but we cannot simply force them to do so.

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pozmans

Hi Kebs,

 

I contacted the Post Office and they said if the parcel was wrapped sufficiently which it was (bubble wrap with fragile stickers outside) then one can claim damages due to their negligence.

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MsPlod

Given that the total price was R79 (shipping was free) the issue is probably not worth pursuing ... Safes - BOOK SAFE - HIDE VALUABLES ! 265 X 200 X 65MM,Free Shipping ! was sold for R79.00 on 9 Jun at 10:01 by The Speedy Gonzalez in Johannesburg (ID:66893530)

 

The other thing is that the trader "covers" themself / herself with the statement "We are in no way responsible for delays,damages, losses or inconvenience in the post office as products are always well wrapped and packed when are sent".

 

Maybe this is one of those instances where it would be better for the trader to cough up the R79 - if she doesn't - or doesn't send a replacement, then a negative rating is definitely called for.

 

Must say that I wonder sometimes about some sellers - not saying this one - but some sellers - whether they maybe knowingly send broken or defective items when they do not get the price they want on auction...

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Miss Jewels

Surely if the outer packaging was not damaged, and no visible damage seen on collecting the item, it can be assumed the item was already damaged? If it had been dropped/stomped on/smashed in, the damage would be visible to the eye and then a claim would be valid from the PO.

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pozmans

Hi MsPlod,

 

Well actually the seller was falsely advertising and I did actually have to pay extra shipping fees, which i did agree to though so theres no issue there really. As for the liability clause, like I have said before, Sellers may say anything they want about taking no responsibility however the CPA/Law says differently so those clauses are void and illegal. I do not care about the R150 but rather I am fighting against the principle of sellers having no responsibility, its the actual principle that is in question. Based on the outcome of the decision of the NCC, if I am right then the whole BoB system for sellers will change, as they will have to ensure delivery takes places and if not then it is at their expense to replace the buyer and take issue with the post office. I'm tired of these "no liability clauses" as the CPA was put in place for a reason and this grey area must be dealt with.

Edited by pozmans

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pozmans

Hi Miss Jewels,

 

The outer packing seemed to be fine however "if" a good in perfect condition was sent then the parcel that was probably crushed by the post office or maybe it was the seller who sent a defective product seeing as though she sold it on auction at a third of the normal price. Nevertheless speculation is neither here nor there so I guess all one can do Is explain it to the NCC and see to whom the responsibility falls.

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MsPlod
Well actually the seller was falsely advertising and I did actually have to pay extra shipping fees, which i did agree to though so theres no issue there really. As for the liability clause, like I have said before, Sellers may say anything they want about taking no responsibility however the CPA/Law says differently so those clauses are void and illegal. I do not care about the R150 but rather I am fighting against the principle of sellers having no responsibility, its the actual principle that is in question. Based on the outcome of the decision of the NCC, if I am right then the whole BoB system for sellers will change, as they will have to ensure delivery takes places and if not then it is at their expense to replace the buyer and take issue with the post office. I'm tired of these "no liability clauses" as the CPA was put in place for a reason and this grey area must be dealt with.

Totally understand the issue of taking on a matter on principle - not on the value of the item in question.

 

Shocking that you were made to pay shipping charges for an item advertised as FREE SHIPPING - that in itself is an indication that the trader did not get enough for the auction IMO.

 

My concern then for you - is the stress that you will place on yourself by pursuing the matter. Give a negative rating - make sure that it is a VERY clear one - well thought through and clearly worded, and consider walking away a whole lot wiser about the concept of buying on internet!

 

If you decide not to walk away - which I do understand - then at least calm yourself because talking and writing in anger can get people's backs up BIG TIME! Whatever you decide to do - good luck!

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jphotography

the more I read the more I think the seller is in the wrong. One cannot just say you are not liable for the PO if the product gets damaged, then I can sell all damaged items and just claims it was the PO? Not fair. You have the right to return the item, request a return finish and klaar!

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voldermort

It may be worth noting that even if an item is insured you will only be refunded from the Post Office if you have opened & noted item is damaged whilst still at the counter ie: in front of Post Office staff, if you have not complied with these regulations then the chances of receiving a refund from the Post Office for a damaged in transit item (even if insured) is one in a thousand.

This was spoken about in depth on another thread awhile back already.

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mrmouse

The act did state quite clearly " The seller remains responsible for the goods until the buyer has recieved them in good order " , the seller had no choice but to refund you including " freight " and pay to get the faulty goods back to him . I would definately contact

the CPA offices , ( but the act was amended recently and the amended act is not easy to get hold of so far )only the cpa person will be able to assist , as to warranty on unit , if auctioned it has no warranty unless stipulated as having one .insurance with SAPO only covers theft as far as I know and it takes months to pay out , I have claimed in the past ( unsuccesfully )

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