Faulty goods Help!

jay05_2

Hi

I recently sold a set of golf clubs on ebay, they arrived with the buyer today, the buyer is a brand new buyer with feedback of 0.

Today he sent me this email

Can you help us please? I had just written to thank you for the safe
delivery.

My son took the clubs up this afternoon to the golf club. He tried the number one wood with my wife on the driving range, on the very first ball
the end snapped off on the number one wood, right at the end of the shaft.
He can not believe it. Can you shed any light on this for us please? And
suggest what we can do.

Also none of the clubs or bag actually say Zucci on them. I assume they
are
Zucci as in the ebay advert.

He is devastated as he saved his pocket money to pay for these. He was so
looking forward to them coming and is now a very depressed 16 year old. He
has lost confidence in the whole set now.

The professional at the club doesn't understand it either.
Can you let me know what we should do? We bought them in good faith and
they
are obviously a faulty set.

What do i do? Ive never sold anything this big on ebay before, do you think he is trying to pull a fast one with a sad story? The listing said no returns would be accepted in the payment details.

Im not a trader and im only selling on the goods which i bought at a really cheap price, i didnt even take them from the packaging.

Any advice would be most helpful

Thanks
Jay

criminal_smile

As a private individual....you are under no legal obligation to do anything. As long as the goods are as described in the eBay listing, then you haven't done anything wrong. Only a trader would have to provide the consumer with any rights in this case. Write back and apologise, but explain that the matter is nothing to do with you now. If you're a really charitable soul, you could in the interests of making the world a better place, offer to pay for a 2nd hand wood.

angelcake

Not quite sure about this one! did you check the clubs to see if tey had the brand name on? did you get them from a reputable seller?

I have the urge to say this story does seem a bit of a sob story but it could be true. The unfortunate thing for you is that if you hadn't checked them before you listed them then how can you be confident that they are ok?

Also I list that I don't do refunds etc......although if I get a complaint I always give a refund, I say I don't to stop every tom !!!!!! and harry claiming!!

Sorry I can't be more help

soolin

If the buyer paid by paypal there is always the possibility that he will do a chargeback for faulty items, or not as described. He might win a faulty item claim but a claim for not as described is more doubtful.

Soo

jay05_2

Dear Stephen,

Thank you so much for getting back to me quickly.

I now understand there are many fakes coming over from China and I am now
convinced this is actually a REPLICA of a Zucci set of Golf Clubs, which I
also now believe to be dangerous. In fact the Golf professional was there
when it happened this afternoon when the end of the number one wood flew off
on the very first shot. The end of the wood went 150 yards down the driving
range!

I have examined more carefully the new supposedly 'Zucci Tour Collection
Golf set' and compared it to another set of Zucci clubs for sale on ebay at
present and it is obviously a replica. For this reason they should have been
advertised as a 'replica' or a 'resembled' set of Zucci clubs, to meet the
legal requirements. They were advertised as Zucci very clearly. I now cannot
let my son play with them as I think the other clubs could do the same
thing and the heads fly off and be positively dangerous and cause an
accident.

We understand in terms of consumer rights if something is actually faulty
('not fit for purpose') the original retailer is obliged to refund the
money, but this is something you would need to pursue.

You mention legal type stuff in terms of ebay and paypal. As far as our
'rights' are concerned, even in a private sale the goods must be 'as
described' which this set is not - as they are not actually Zucci clubs. As
you said yourself, when you examined them there was nothing to indicate
Zucci on the clubs or bag or in fact the head covers that they were zucci
and this should have been in the description. If they were Zucci they would
bound to advertise themselves like all other brands of clubs. I am afraid
there is nothing to indicate that they are a proper Zucci set of tour
clubs - no Zucci trademark anywhere on the clubs or bag which alerts you
from the beginning. The head covers do not have Zucci printed on them - the
only place the single word 'zucci' appears is on the cardboard box packaging
(which could have come from another set). If they were Zucci the trademark
would be everywhere which is what I expected.

I hope we can resolve this between us otherwise I will have have to take
this up with ebay and paypal which I really don't want to do. I am afraid I
think we need a full refund in this case of £72.99. My son has saved very
hard to buy his first set of clubs and I hope given the circumstances the
clubs we bought from you in good faith can now not be used as they could be
dangerous. I have now discovered others on Ebay have had similar problems
with fake clubs.

I can send you a pic of the one wood if you wish. I am of course very happy
to send them back to you if you wish to arrange for collection.

Again I am very sorry to have to write this bad news. It is really difficult
for my son at the moment as well he is so disappointed - and even wanted to
play with them tonight. I have had to cancel this now.

I look forward to hearing from you as soon as possible. I am really sorry
this has happened, but I hope you can get the money back from your original
retailer. As you will now see, this is an issue of safety for the future use
of the entire set and not simply a matter of replacing or mending a club.

I look forwrad to heraing from you

any ideas what do i do now, the clubs are the brand zucci,even though not clearly indicated. they were purchased from bid tv and they are a reputable company. who would not sell fakes .Also the pictures used in my auction do not show any branding, so the buyer should have been aware of this, there was nothing to say the item has branding on it in the auction. therefore the buyer cannot be 100% sure these are replicas, which they wont be.

Any help would be much appreciated.

angelcake

Contact the Bid tv peeps and see what they have to say! they may have had several complaints. Let the buyer know you are looking into it. I would take the responsibility as sold them but bidtv should refund you!!! That is terrible I thought that the golf clubs they sold were to good to be true!!!

tonyd19565

Bid tv have a thirty day no quibble gaurantee but after this they will not entertain you but you could ask your localc council trading standards too investigate if you think they are fakes but I can`t see a company that size making such an error.
Maybe your customer on ebay saw the price was less on bid up and wants his money back to buy them direct and as a seller on eBay a previous reply had it spot on only if they are fakes can you be forced to payback any money and if you have no money in your paypal account they can`t do a thing except suspend your account

Marvo434

Personally, I would get them back, look at them myself and if they are sh** then give him his money back. My name, even to someone I don't know, is worth more than £72.99.

bleugh

yeah, ask for them to post the items back to you for examination BEFORE you can take any action.

trouble is, paypal's involved, you're gonna end up quite out of pocket on this one

you are NOT obliged to pay for return shipping back to you (seeming tho he's quoting consumer rights)

trouble is, he knows full well he can get a full refund from paypal anyway, so you'll pretty much have no choice other than to pay the shipping to get your goods back

........this has all the hallmarks of someone pulling a fast one to me, i had one guy like this a year ago, fortunatley i wont take paypal for higher value items :-)

angelcake

bleugh wrote:

........this has all the hallmarks of someone pulling a fast one to me, i had one guy like this a year ago, fortunatley i wont take paypal for higher value items :-)

What methods do you accept?

jay05_2

bleugh wrote:

yeah, ask for them to post the items back to you for examination BEFORE you can take any action.

trouble is, paypal's involved, you're gonna end up quite out of pocket on this one

you are NOT obliged to pay for return shipping back to you (seeming tho he's quoting consumer rights)

trouble is, he knows full well he can get a full refund from paypal anyway, so you'll pretty much have no choice other than to pay the shipping to get your goods back

........this has all the hallmarks of someone pulling a fast one to me, i had one guy like this a year ago, fortunatley i wont take paypal for higher value items :-)

Thanks for your advice

Would he win a paypal claim if he were to claim, the clubs are most likely to be zucci and were sold as described , he is claiming they are fake as they have no branding on them, therefore their isnt very much proof.

Also do i have to refund the postage cost of £18, he originally paid?