Help with issue with sale.

It is obvious for me that the seller should organize return, as the other party cannot do it. However the buyer should cover costs of shipping back to Amazon. It was conveyed an unopened package and if it was sold with a such note, both parties in this transaction share the same risk of getting faulty item.
 
dryburn.macbook said:
I have asked Nexxus to send me the device.
I have contacted BestBuy, Warranty has finished end of Nov, No response from them yet.
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IMHO...
I think your buyer has a claim. Your original ad clearly stated the device had maybe a few months warranty left. A reasonable person would expect that this would be at least a month or so and not expect the warranty to have expired before receiving the item. Based on this your advert could be seen as misleading as the warranty would be material to the buyer and influenced his decision. I think your options are limited to refunding the buyer or replacing the unit should a warranty claim not be possible.
 
quovadis said:
IMHO...
I think your buyer has a claim. Your original ad clearly stated the device had maybe a few months warranty left. A reasonable person would expect that this would be at least a month or so and not expect the warranty to have expired before receiving the item. Based on this your advert could be seen as misleading as the warranty would be material to the buyer and influenced his decision. I think your options are limited to refunding the buyer or replacing the unit should a warranty claim not be possible.
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I agree. A buyer has a valid claim without doubts. From the buyer point of view it is irrelevant whether it will be replaced on the warranty or seller's expense. However for the reason described in my previous post the buyer must cover shipping cost back to Amazon if seller chose this option.
 
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I was out of internet range for a couple of days so I hadn't seen dryburn's post until now. Juggling a lot of stuff at the moment, so I've been tardy in responding, that is my fault and I'm sorry for that. I'm sending it back tomorrow, he's welcome to test it at his leisure.

I didn't mess with it for 6 days, it was one evening and a morning at work. This isn't a complicated thing, it's got a USB slot and a HDMI slot and anyone who's charged a cellphone shouldn't get it wrong and it's doesn't take long to conclude that it's not doing what it should. I used both an iPhone and Samsung charger which are rated at the same output as the Amazon one to test at home (Monitor and TV). At work, I plugged it into an existing Fire Stick setup connected to a monitor and then again to a TV. We have UPS filtered power at work and at home so spikes aren't an issue.

I didn't ping him back when I picked up and that's also my bad and I didn't consult with him because it's a really easy device to set up and I haven't been sending messages up and down over WhatsApp because I prefer PMs, I don't have my cell on me all the time and I'm not too bothered about how long it takes to respond. It's not like I've engaged in what would be the most pointless conspiracy of all time.
 
Here's my 2c on the issue... Items sold on classifieds are generally voetstoets and therefore the buyer does not have to refund the money even though it doesn't seem like the right thing. In this case both parties seem to want to do what's right, buyer doesn't want to get shafted by having a faulty product and seller doesn't want to be scammed into getting back a broken product when he provided a working one. As stated above the seller mentioned a warranty which the right thing to do would be to honour that and try to make things work but whilst he does that maybe the buyer cover interim costs unless an agreement (50/50?) is reached.

From my experience... I've sold a sealed disc once and upon opening it the buyer noted that it was cracked. I refunded and got a replacement and did the deal once more. On the other side I sold my old PVR and the buyer returned it saying its not working and in my haste to check serial numbers and test the unit I didn't realise the buyer didn't return my remote and went away. The decoder is still running at my mums place with no issues. Point is that it works both ways and both parties must be mature enough to sort this out amongst themselves.

PS. I don't see a problem with only testing and notifying of the problem days later. I've bought many new items and only tried them at my convenience and if they didn't work, explored every avenue myself before going back to the seller.
 
sKuZz said:
Here's my 2c on the issue... Items sold on classifieds are generally voetstoets and therefore the buyer does not have to refund the money even though it doesn't seem like the right thing.
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That isn't what voetstoets means firstly, and secondly the CPA protects against voetstoets sales unless a defect is expressly stated beforehand.
 
cerebus said:
That isn't what voetstoets means firstly, and secondly the CPA protects against voetstoets sales unless a defect is expressly stated beforehand.
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CPA doesn't cover private deals...
 
Wall said:
CPA doesn't cover private deals...
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No you're right, but there's still no expectation that if you buy something secondhand and it's broken without having been declared, the seller is protected through voetstoets. Especially as in this case, I'd imagine the original MyBB had a template with a 'working' condition stated.

Here's the original:

Age and condition: New
Warranty: may be a few months
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Now tell me, how can you buy an item advertised as new and then have no comeback if it turns out to be broken?
 
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