He's broken it and now wants a refund

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Hi everyone,

All advice gratefully received.

I sold 6 speakers and the buyer picked them up yesterday and paid cash. These were big DJ speakers. I had used them in my pub until i got rid and they had been tested before i put them on Ebay, everything worked perfectly.
When the buyer came to pick them up, my dad advised him to put restrictors on everything. His reply was "oh, no you need it as loud as it will go".
Today he has emailed saying that 1 of the subwoofers has a hole in it and another doesn't work at all. This is what will happen when you have it as loud as it will go, they will break:mad:

I am really not happy about giving him his money back and i am stuck with broken speakers, that i know worked when he left with them.

Any help here is appreciated.

Margoriglick
«1

Comments

  • fridayschild_2
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    I'm not sure where you stand legally, but someone will be along in a moment on that score....

    I'm guessing the only thing you can do is to politely email back saying that the speakers were in full working order when they left you and that it would appear that he hadn't made a note of the sound advice (no pun intended) he was given regarding placing restrictors on them and had, therefore, brought about the damage himself.

    As such, you are in no way liable for the damage or refunding any or all monies.

    I think it is probably a given that you will get a neg but I think you will just have to ride that out with a factual response. Don't result to insults etc, it will only be removed and you will end up looking in a bad light.

    I read somewhere once that it didn't matter if you received a neutral or negative feedback as much as how you responded to it and I have found that to be true.

    Anyway, as I say, someone will dash along with your legal position in a moment so hang fire till then, I just wanted to let you know someone was here :D
  • cyberbob
    cyberbob Posts: 9,480 Forumite
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    As long as he paid cash. The items were basically sold as seen and their is not much he can do.
  • bingo_bango
    bingo_bango Posts: 2,594 Forumite
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    As long as the goods were as described then there isn't a lot he can do.

    That said, do you have any evidence that they were working prior to sale, and that none of the cones were blown? (you have your father as a witness, but he could be percived as having a vested interest). You say you had them tested. Can you get a written report from the tester, and are they qualified to do so?
  • preable
    preable Posts: 2,114 Forumite
    Debt-free and Proud! Mortgage-free Glee!
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    The law is on your side. As long as the speakers were working and not faulty when you sold them your fine. Just send him a email stating that you warned him to put restirctions on the speakers and he did not take your advice therefore you are not refunding.
  • catmiaow
    catmiaow Posts: 5,954 Forumite
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    Can't believe the cheek of some people. Include in your email that they were sold as seen and tested in front of him(if that happened)
    No you're not a vegetarian if you eat any animal or fish, so do not insult genuine veggies by calling yourself one! :mad:

    Thanks to everyone who posts competitions. You are the stars of the board :T:j:T
  • Jomo
    Jomo Posts: 8,253 Forumite
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    I was sent a broken DJ mixer from somebody via post. Luckily I had paid by Paypal and was rewarded a refund upon starting a dispute. It all depends on how payment was made in the above case, if by cash then the buyer hasn't got much to stand on.
  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
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    If they paid by PayPal then you've had it.
    If they paid cash then you're fine.
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    Jomo wrote: »
    It all depends on how payment was made in the above case, if by cash then the buyer hasn't got much to stand on.
    If they paid by PayPal then you've had it.
    If they paid cash then you're fine.
    the buyer picked them up yesterday and paid cash

    Glad we cleared that up.
  • StaffsSW
    StaffsSW Posts: 5,788 Forumite
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    If they paid by PayPal then you've had it.

    Not necessarily - Paypal does not give any SNAD protection for collection items. There's been a few threads on that issue on here over the last few months, and I believe it is a good thing!

    Paypal for items collected in person is such a bad idea - it protects nobody, buyer nor seller.
    <--- Nothing to see here - move along --->
  • amcluesent
    amcluesent Posts: 9,425 Forumite
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    99.9% certain neither ebay, pay pal or indeed the bizzies will be interested. Caveat emptor
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