Returning an Acoustic guitar to abusive retailer!

craigarnold1

I will try to keep this as short as possible but would appreciate any advice. I purchased a guitar at the beginning of February on the internet from a retailer. After arriving 3 days late I kept it for about 12 days and noted all the issues such as grooves in the neck and the uneven finish. I then contacted the retailer to point out the faults and he agreed to pay for the return of the guitar so he could inspect it. He agreed with what I had found but said this was to be expected on a mass produced £600 guitar.

I asked for a replacement or a refund but since then have been told by him that I have OCD and that if I was remotely normal he would exchange the guitar. He has also called me a bully and told me I can't throw my weight around. He said he would gladly refund me the balance after charging me £100 for postage and restocking fees. I have told him not to send the guitar back to me at the moment as I will reject it. He also mentioned that if I take him to small claims he will prove to the judge the guitar is perfect.

I have now asked my bank to investigate and try and get me a refund as I paid by visa debit but this may take up to 21 days and there are no guarantees. I have tried to be reasonable but he has resorted to name calling. I am not happy being told that I have OCD or labelled with "not sounding normal".

Any advice would be gratefully received. This is a very stressful situation. All communication up until now has been via email.

Thanks in advance.

prowla

£600 is not cheap, and you should expect a quality product.

frugal_mike

How long exactly had you kept the guitar for, and is the retailer based in the UK? Purchases on the internet are governed by the Distance Selling Regulations if the retailer is based in the UK. Under this law you get 7 working days (starting the day after delivery) to cancel the order for a full refund. If you notified the retailer within this period (by durable means) that you were returning the guitar then the retailer has no choice to refund you, and cannot charge a restocking fee. This applies whether or not the guitar is faulty.

If you notified the retailer outside of this time then you are relying on the Sale of Goods Act. This applies to all sales, and gives you a reasonable time to reject the goods for a full refund if they do not conform to contract. You would again be owed a full refund with no restocking fee.

The difference is that if the seller can prove the guitar is not inherently faulty then you aren't owed anything. They would have to honour any returns policy stated in your contract, but that could include a restocking fee if its what you agreed to. If they have no returns policy, you are outside the Distance Selling Regulation returns period, and the item is not inherently faulty, then you have no legal right to a refund or other remedy.

Bantex_2

McKneff wrote: »

And that was helpful, how?

It may help others and hopefully make a small contribution to keep enthusiast music shops alive.

frugal_mike

Bantex wrote: »

It may help others and hopefully make a small contribution to keep enthusiast music shops alive.

Why do music shops get special treatment? Should all internet sales be discouraged?

prowla

I think it is perfectly valid to buy via the Internet if you want to. The shops have to compete, and if they don't then no sale.

bris

Appearance is in the eye of the beholder, it may very well be perfectly normal.

Guitars are furnished from wood, a natural product that will have slight variations in appearance, so without photos this is not cut and dried as to who's to blame.

unholyangel

craigarnold1 wrote: »

I will try to keep this as short as possible but would appreciate any advice. I purchased a guitar at the beginning of February on the internet from a retailer. After arriving 3 days late I kept it for about 12 days and noted all the issues such as grooves in the neck and the uneven finish. I then contacted the retailer to point out the faults and he agreed to pay for the return of the guitar so he could inspect it. He agreed with what I had found but said this was to be expected on a mass produced £600 guitar.

Did you take pictures of it before returning?

McKneff

Bantex wrote: »

It may help others and hopefully make a small contribution to keep enthusiast music shops alive.

It is the OP who was asking for help, not the enthusiastic music shops.


My opinion, for what it is worth is that your post was spiteful and unhelpful.


'serves you right' is not nice under any circumstances.

Bantex_2

McKneff wrote: »

It is the OP who was asking for help, not the enthusiastic music shops.


My opinion, for what it is worth is that your post was spiteful and unhelpful.


'serves you right' is not nice under any circumstances.

I would suspect OP went to a local shop.used their facilities and experience to work out which model he wanted, then searched the internet for the cheapest supplier , and bought from a box shift working with little or no overhead or customer service.

Guess if you want a future where the only people on high streets are charity shops, loan brokers and bookies then fine.

A point could come when Amazon are the only place you can buy anything.

keyser666

Bantex wrote: »

I would suspect OP went to a local shop.used their facilities and experience to work out which model he wanted, then searched the internet for the cheapest supplier , and bought from a box shift working with little or no overhead or customer service.

Guess if you want a future where the only people on high streets are charity shops, loan brokers and bookies then fine.

A point could come when Amazon are the only place you can buy anything.

merely an assumption but totally irrelevant to the issue at hand