Private Sale Refund Rights

Branagorn

I post this thread, probably more out of interest and for lessons to be learned for others. Please remember this upon responding, my assumption here is that I'll have to be chalking this one up to experience.


A few weeks ago, I had spotted some Phillips Hue bulbs on gumtree, about 20 minute drive from where I live. Now key to this is, pictured on the ad was the box for 3rd generation bulbs, and the description stated that they were brand new. These bulbs have improvements in terms of colour spectrum, dim-ability and life-span upon the previous 2 generations, something I would come to know later.


I met the seller, he invited me into his house. He showed me the bulbs, demonstrated them turning on and off. I was happy with this and paid him the cash for them,£50 if that helps inform the story. I did not ask for/get a receipt, which is likely my own fault, but it is what it is. I will also add that during conversation, he mentioned that he had many many bulbs, all purchased during an amazon sale.


Upon returning home, I attempted to set up the bulbs, as I had done with my store-purchased bulbs, was unable to do so with similar ease. This was unexpected, which prompted me to closer inspect the bulbs. From doing so, and reading the serial numbers, I could identify these bulbs as 1st generation. Which was not what was advertised, and certainly not brand new as 1st gen ran from 2012-2015.


I text the seller the same day explaining that I had been sold the wrong/old bulbs. He apologised, and offered to 'look' for the correct ones.


Now over the past few weeks, I have been texting him trying to arrange to meet him and exchange the bulbs. He has been very slow to reply, and the most I have got out of him was that he had found one of the correct bulbs, and was looking for the other. So the fact that he has replied in such a way indicated to me that he accepted that he had sold me incorrect goods, and at first was willing to, or wanted to appear to be agreeing to my desire for an exchange (at this point I would also accept a refund).


He has since stopped replying altogether, so I attempted to phone him instead. The first call rang off, the 2nd one immediately did not connect (does this happen if you block a number).


All in all, this experience has left disappointed. I have bought several things from gumtree sellers with great success. This is my first bad purchase.

marcarm

Caveat emptor.

Nothing to stop you checking serial numbers before handing over the cash tbf.

Yes, they were not as described, but equally you had the chance to inspect when handing over the money, and but it second hand from a private seller affords you lessr rights than buying new from a business.

Unfortunate but that's the crux of it.

Potbellypig

Go back to his house?

bris

Brand new is a loose term. Goods can be sitting on shelf's, in storage etc for months or years and never used so the term brand new is still relevant.


I have LED bulbs in the house, that I bought in bulk because they were cheaper that way, 2 years ago but I would still class them as brand new as they are still sealed in their boxes.


You also bought them in person so it makes it much harder as they were also demonstrated working to you.


Having said that you might or might not still have a case but only the small claims court can decide that, but is it worth the trouble? Keep pestering the seller, maybe he will come good in the end.

askmeaboutsofas

pictured on the ad was the box for 3rd generation bulbs, and the description stated that they were brand new.

It sounds a lot like he wasn't aware there were different generations of bulbs, and just used a stock photo off the internet for his listing on gumtree. If you can still use the bulbs you got I would just chalk it up to experience, unless he specifically described them as being 3rd generation? They could easily be new and unused, just old stock - that wouldn't make them not brand new.

Branagorn

The picture used was not a stock image, it appears like one you would take for a private sale.


And he has even supplied them to me in the 3rd gen box, so he has likely had the bulbs to go along with it. Considering this, and his lack of communication after the fact, suggests to me that this was deliberate on his behalf, and makes me question how much life there will now be in these potentially 7 year old bulbs.


As I mentioned, through conversation, he led me to believe the bulbs had been newly purchased merely months ago. Which simply cannot be the case.


I know now that I 'should' have inspected the serial numbers. But that is not a check I would have even been aware was possible until research after-the-fact.


I could 'go back to his house', but I couldn't guarantee he would be there, and as frustrated as I am, an unsolicited visit isn't really in my character. Other people may choose such action. I know if roles were reversed, and I had sold something the buyer was rightly unhappy with, I would feel uneasy knowing that they knew my home address.


But alas, this is indeed looking like 'experience'. I probably would have preferred if he hadn't strung me along in the 3/4 texts after the sale, appearing to be agreeable, but then go quiet.

askmeaboutsofas

And he has even supplied them to me in the 3rd gen box, so he has likely had the bulbs to go along with it. Considering this, and his lack of communication after the fact, suggests to me that this was deliberate on his behalf, and makes me question how much life there will now be in these potentially 7 year old bulbs.

Well that puts a different spin on things. That looks delivery. If I were you, I would send him a letter before action via signed for registered post.
Depending on costs it might not be worth taking the action, but it's worth a letter!

DoaM

askmeaboutsofas wrote: »

via signed for registered post.

Or even better, 1st class via a Post Office and get a certificate of posting. Signed-for post can be, well, not signed for (rejected) ... this would give proof that the letter was not delivered. 1st class is deemed delivered 2 working days later - the CoP proves you sent something.

davidmcn

DoaM wrote: »

Or even better, 1st class via a Post Office and get a certificate of posting. Signed-for post can be, well, not signed for (rejected) ... this would give proof that the letter was not delivered. 1st class is deemed delivered 2 working days later - the CoP proves you sent something.

Or a duplicate letter by each method - if you get a signature then that's a bonus.

the_lunatic_is_in_my_head

marcarm wrote: »

Caveat emptor.

It was my understanding that for private sales goods still had to be as described and given the detail in the OP any reasonable person would expect 3rd gen bulbs.

marcarm wrote: »

Nothing to stop you checking serial numbers before handing over the cash tbf.

I don't think it would classed as reasonable to have to inspect the serial numbers of light bulbs to ensure they were the correct ones.

powerful_Rogue

Branagorn wrote: »

The picture used was not a stock image, it appears like one you would take for a private sale.


And he has even supplied them to me in the 3rd gen box, so he has likely had the bulbs to go along with it. Considering this, and his lack of communication after the fact, suggests to me that this was deliberate on his behalf, and makes me question how much life there will now be in these potentially 7 year old bulbs.


As I mentioned, through conversation, he led me to believe the bulbs had been newly purchased merely months ago. Which simply cannot be the case.


I know now that I 'should' have inspected the serial numbers. But that is not a check I would have even been aware was possible until research after-the-fact.


I could 'go back to his house', but I couldn't guarantee he would be there, and as frustrated as I am, an unsolicited visit isn't really in my character. Other people may choose such action. I know if roles were reversed, and I had sold something the buyer was rightly unhappy with, I would feel uneasy knowing that they knew my home address.


But alas, this is indeed looking like 'experience'. I probably would have preferred if he hadn't strung me along in the 3/4 texts after the sale, appearing to be agreeable, but then go quiet.

Can you show a picture of the box?