Used Guitar for New not adhered to

Chris7272

I made a purchase from richtone.co.uk, for a brand new guitar and trade in the one I already had for a fair price. The deal was, that on receipt of the new guitar, I reused the packaging that it arrived in, to reuse, then send my used guitar back (which I did), and wait for the verdict on the price. We agreed on the collection and everything whent to plan. When the guitar arrived at richtones, it's neck had broken in transit. They have claimed that it wasn't sufficiently packaged, hence the break. Anyone who has owned a guitar will know it will take a pretty hefty whack to cause that level of damage. I also put it in it's original gigbag. When informing me of the break, and including some photos, they sent me an -email stating the following:

"This may be something that we can repair and attempt to re-glue – if this is the case and it is salvageable we can be able to make a revised offer on the basis of it having the repair. If this is something you would like us to look in to please let me know and I’ll ask our tech to have a look at this."

They did repair it, but did not offer a revised offer. After much rangling, and many e-mails they eventually just sent it back.

Now, I've done some checking, and the e-mail that was sent is legally a contract between the two parties. So no revised price.

They have returned it, with the neck restored.

Can I take this a step forward or do I just have to give up and try and sell it on e-bay?

Regards,

Chris (cheesed off)

 

Ectophile

The doman name richtone.co.uk is currently up for sale.

It will come down to the small print in the Terms and Conditions. If they have any sense, it won't require them to pay out to someone who sends them a pile of kindling wood that was once a guitar.

tightauldgit

If the neck has broken in transit then the responsibility would lie with your contract with the courier - you'd have to check what you are covered for, often musical instruments are excluded from any insurance. This is why I never send guitars without hardcases. 

You can't expect anyone to pay out for a broken guitar as if it isn't broken. 

You may be able to return the guitar you bought if you no longer want it without the trade-in. 

Manxman_in_exile

Chris7272 said:

... We agreed on the collection and everything whent to plan... 

What does this ^^^ mean?  Did you arrange "the collection" or did they?  [Edit: And who paid for it - you or them?]

Chris7272 said:

... "This may be something that we can repair and attempt to re-glue – if this is the case and it is salvageable we can be able to make a revised offer on the basis of it having the repair. If this is something you would like us to look in to please let me know and I’ll ask our tech to have a look at this." ...

And did you let them know?

user1977

Chris7272 said:

"This may be something that we can repair and attempt to re-glue – if this is the case and it is salvageable we can be able to make a revised offer on the basis of it having the repair. If this is something you would like us to look in to please let me know and I’ll ask our tech to have a look at this."

They did repair it, but did not offer a revised offer. After much rangling, and many e-mails they eventually just sent it back.

Now, I've done some checking, and the e-mail that was sent is legally a contract between the two parties.

If it was literally all that you quoted then no, I wouldn't regard that as constituting a contract to buy the guitar. Especially if you haven't even agreed a price. And even if it did, what's your loss? You've got the guitar.

TELLIT01

They could have come back with a revised valuation of £1 due to the damage and difficulty for them to sell it on.  The OP may be able to get more selling it themself.

Aylesbury_Duck

user1977 said:

Chris7272 said:

"This may be something that we can repair and attempt to re-glue – if this is the case and it is salvageable we can be able to make a revised offer on the basis of it having the repair. If this is something you would like us to look in to please let me know and I’ll ask our tech to have a look at this."

They did repair it, but did not offer a revised offer. After much rangling, and many e-mails they eventually just sent it back.

Now, I've done some checking, and the e-mail that was sent is legally a contract between the two parties.

If it was literally all that you quoted then no, I wouldn't regard that as constituting a contract to buy the guitar. Especially if you haven't even agreed a price. And even if it did, what's your loss? You've got the guitar.

That was my first thought.

OP, why don't you just sell the now-repaired guitar elsewhere?  

born_again

Chris7272 said:

I made a purchase from richtone.co.uk, for a brand new guitar and trade in the one I already had for a fair price. The deal was, that on receipt of the new guitar, I reused the packaging that it arrived in, to reuse, then send my used guitar back (which I did), and wait for the verdict on the price. We agreed on the collection and everything whent to plan. When the guitar arrived at richtones, it's neck had broken in transit. They have claimed that it wasn't sufficiently packaged, hence the break. Anyone who has owned a guitar will know it will take a pretty hefty whack to cause that level of damage. I also put it in it's original gigbag. When informing me of the break, and including some photos, they sent me an -email stating the following:

"This may be something that we can repair and attempt to re-glue – if this is the case and it is salvageable we can be able to make a revised offer on the basis of it having the repair. If this is something you would like us to look in to please let me know and I’ll ask our tech to have a look at this."

They did repair it, but did not offer a revised offer. After much rangling, and many e-mails they eventually just sent it back.

Now, I've done some checking, and the e-mail that was sent is legally a contract between the two parties. So no revised price.

They have returned it, with the neck restored.

Can I take this a step forward or do I just have to give up and try and sell it on e-bay?

Regards,

Chris (cheesed off)

 

Which email are you referring too?

Clearly they are not going to buy/give price a guitar without physically seeing it.

eskbanker

Sounds like the offer had strings attached....

Boffinman

eskbanker said:

Sounds like the offer had strings attached....

I agree. Hopefully the op won't fret about it.

sheramber

I would say the revised offer is nil pounds.

after much rangling, and many e-mails they eventually just sent it back.

What was the exchange of emails about?