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Item (purchased abroad) not as described.

  • 29-01-2021 12:07am
    #1
    Curse These Metal Hands
    Registered Users, Registered Users 2 Posts: 1,091 ✭✭✭


    Hi,

    Bought a guitar from Spain, arrived before Xmas with a years warranty. Had a repaired crack on the neck which I was aware of but on arrival it was clear the repair was failing and it was actually coming off, making the guitar a useless piece of firewood.

    They said to find a repair man here and they'd cover it. They weren't happy with any of the quotes, so said a refund will have to do and I pay for return shipping. I said I'm not paying for anything as the item wasn't as described, they feebly said the repair is clear in the pictures but I have ample reassurances from them that the guitar was in full working condition. Am I liable for shipping here?

    If so, fine, I'll take it on the chin. If not, considering they aren't budging, what's the best course of action?


Comments

  • #2
    Atlantic Dawn
    Registered Users, Registered Users 2 Posts: 84,762 ✭✭✭✭Atlantic Dawn
    M


    Faulty goods, they are completely liable for return costs, EU legislation covers this.


  • #3
    Curse These Metal Hands
    Registered Users, Registered Users 2 Posts: 1,091 ✭✭✭Curse These Metal Hands


    [Deleted User] wrote: »
    In fact, they’re under no obligation to take it back at all

    There is a years warranty.


  • #4
    [Deleted User]
    Posts: 596 ✭✭✭ [Deleted User]


    Atlantic Dawn wrote: »
    Faulty goods, they are completely liable for return costs, EU legislation covers this.

    Could you reference the legislation you refer to please?


  • #5
    [Deleted User]
    Posts: 596 ✭✭✭ [Deleted User]


    Curse These Metal Hands wrote: »
    There is a years warranty.

    That doesn’t imply free returns though


  • #6
    Curse These Metal Hands
    Registered Users, Registered Users 2 Posts: 1,091 ✭✭✭Curse These Metal Hands


    Atlantic Dawn wrote: »
    Faulty goods, they are completely liable for return costs, EU legislation covers this.

    Is it easier to just pay the return? They are just blank resfusing. I have an email stating "the guitar is perfectly playable despite the repair." So I've no doubt I would win in court, what kind of hassle would you be looking at though?


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  • #7
    Curse These Metal Hands
    Registered Users, Registered Users 2 Posts: 1,091 ✭✭✭Curse These Metal Hands


    [Deleted User] wrote: »
    That doesn’t imply free returns though

    No, you said they don't have to take it back at all.


  • #8
    [Deleted User]
    Posts: 596 ✭✭✭ [Deleted User]


    Curse These Metal Hands wrote: »
    No, you said they don't have to take it back at all.

    Which is why that post no longer exists, I missed that part. It was there for at most 5 seconds within which you had already replied to it.

    What court do you intend to sue them in by the way?


  • #9
    Curse These Metal Hands
    Registered Users, Registered Users 2 Posts: 1,091 ✭✭✭Curse These Metal Hands


    [Deleted User] wrote: »
    Which is why that post no longer exists, I missed that part. It was there for at most 5 seconds within which you had already replied to it.

    What court do you intend to sue them in by the way?

    OK, let me go back in time and not reply to it then.

    Well that is the exact reason for posting, to ask people more knowledgeable than I what the best course of action will be. Thanks for the sterling input.


  • #10
    Curse These Metal Hands
    Registered Users, Registered Users 2 Posts: 1,091 ✭✭✭Curse These Metal Hands


    Should also add that they are insisting on return via FedEx International Priority.


  • #11
    kathleen37
    Registered Users, Registered Users 2 Posts: 813 ✭✭✭kathleen37


    How did you pay? If you paid via Paypal you can contact them and they will get retailer to issue a return for an "Item not as described" claim.

    If you paid via credit or bank card, you may be able to file a chargeback, but I think the bank will ask you to return it and I'm guessing the expectation will be for you to pay? Speak to your bank and they will advise.

    Could be that the original repair was jolted during shipping which caused it to fail? I'd really not recommend buying any stringed instrument (probably any instrument actually) with a repair for this reason. (Also, any repairs can affect the sound an instrument makes)

    Good luck


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  • #12
    Curse These Metal Hands
    Registered Users, Registered Users 2 Posts: 1,091 ✭✭✭Curse These Metal Hands


    kathleen37 wrote: »
    How did you pay? If you paid via Paypal you can contact them and they will get retailer to issue a return for an "Item not as described" claim.

    If you paid via credit or bank card, you may be able to file a chargeback, but I think the bank will ask you to return it and I'm guessing the expectation will be for you to pay? Speak to your bank and they will advise.

    Could be that the original repair was jolted during shipping which caused it to fail? I'd really not recommend buying any stringed instrument (probably any instrument actually) with a repair for this reason. (Also, any repairs can affect the sound an instrument makes)

    Good luck

    Was done through the bank. I've yet to contact them as I'm still wrangling with the seller. But they aren't refusing a refund, just refusing to pay for return shipping, which is bloody expensive given that they strictly only accept FedEx International Priority.

    Yes it is possible or even likely it was damaged in transit, which is unfortunate for everyone involved. But the repair man here also said it was a bad job of fixing it, structurally weak because of the way they went about it. He also said it was packed correctly and really shouldn't be breaking if the box got a good knock.

    It's faulty goods at the end of the day, as it was described as perfect working order. I just need to figure out if I should just take the hit for the delivery or if there is a way to get them to pay.


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