New consumer protection law

costafonix

So I was browsing the Classifieds and came across Chris77's post (nice guitars b.t.w. Chris :yup: ) , ending with the '3 month return policy' that he mentioned.
Interesting.
Does anyone out there know how this new law will affect 2ndhand sales?
I haven't really done any googling about it, but was curious to know how it would affect sales, specifically on this forum?

dee

Good point... I wonder as well.

costafonix

was just thinking about how complicated it could get,
what if for example I sell a guitar to JoeSoap on this forum, and bring his attention to the fact that
a) it is used,
b) it has a crack on the headstock

JoeSoap buys it knowing the condition, then 3 months later returns and says "I want my money back cos it has a crack on the headstock"??

dee

Ok, hang on, I have just come across something called the Second Hand Goods Act, which is still being drafted. Maybe it is possible that the new act does not cover second hand sales as much?

RobK

CostaFonix wrote was just thinking about how complicated it could get,
what if for example I sell a guitar to JoeSoap on this forum, and bring his attention to the fact that
a) it is used,
b) it has a crack on the headstock

JoeSoap buys it knowing the condition, then 3 months later returns and says "I want my money back cos it has a crack on the headstock"??

Don't think he can do that. You disclosed that specific fault and I'd assume that by completing the transaction he'd accepted it as is. He could return it if there were faults you were aware of and had not disclosed. Also not sure whether the 5 business day cooloff applies to used as well as new.

Bob-Dubery

CostaFonix wrote So I was browsing the Classifieds and came across Chris77's post (nice guitars b.t.w. Chris :yup: ) , ending with the '3 month return policy' that he mentioned.
Interesting.
Does anyone out there know how this new law will affect 2ndhand sales?

There's currently a distinction in law, around whether or not the seller is a business or a private individual. If you have a car that you want to sell and you advertise in the Star classifieds then that's a different matter in the eyes of the law from buying a 2nd hand car from a dealer.

I'd expect there would be a similar distinction here.

costafonix

makes sense,,, I think I'll read up on it ..

ok, consider this 2nd example (brand new goods purchased from a dealer),
as you can see on my wishlist, I would like a PRS Custom 24 with bird inlays, so off I go to Andy McGibbons, hand over my hard earned cash for a brand spanking new axe,,,,gig away happily for a period of time, then my daughter smashes the car and I suddenly realise I've spent my family's savings and need access to funds,,,,
so, I pack my PRS back in its case and head off back to Andy's and tell him "well , y'know, this guitar actually doesn't suit my needs, please give me a refund"....

what's stopping people from taking advantage of the situation?

chris77

He-he. Well, my 3 month return policy is a personal one, and has no real bearing on the consumer law.?

costafonix

I realise that, and its kind of you to offer that (I'll be buying stuff from you in future ? ),
but ja it just got me thinking around how some people may take advantage (and believe me, some people will try their luck).

RobK

CostaFonix wrote makes sense,,, I think I'll read up on it ..

ok, consider this 2nd example (brand new goods purchased from a dealer),
as you can see on my wishlist, I would like a PRS Custom 24 with bird inlays, so off I go to Andy McGibbons, hand over my hard earned cash for a brand spanking new axe,,,,gig away happily for a period of time, then my daughter smashes the car and I suddenly realise I've spent my family's savings and need access to funds,,,,
so, I pack my PRS back in its case and head off back to Andy's and tell him "well , y'know, this guitar actually doesn't suit my needs, please give me a refund"....

what's stopping people from taking advantage of the situation?

If I'm not mistaken, you can't take it back because you don't like it anymore, or it doesn't suit your needs. The repair/refund/replace option you have is for faulty goods.

Although I think you do have a 5 business day cooling off period to change your mind and can take it back within that period of time.

Renesongs

Opinion alert. As far as I have read is that 2nd hand goods are still sold voetstoots however the seller must disclose all material faults and defects that may compromise the intended use of the product. Soif you tell the buyer that the headstock was repaired and he buys it , headstock breaks, buyers problem. Don't say anything about repaired headstock, buyer buys it, headstock breaks you refund or replace.

costafonix

Thanks Rene, yep I agree.
Just for the record, the examples used were fictional, its never really happened to me (and I checked that there wasn't a user called JoeSoap on GFSA before I posted),,, ? ?

IceCreamMan

RobK wrote
CostaFonix wrote makes sense,,, I think I'll read up on it ..

ok, consider this 2nd example (brand new goods purchased from a dealer),
as you can see on my wishlist, I would like a PRS Custom 24 with bird inlays, so off I go to Andy McGibbons, hand over my hard earned cash for a brand spanking new axe,,,,gig away happily for a period of time, then my daughter smashes the car and I suddenly realise I've spent my family's savings and need access to funds,,,,
so, I pack my PRS back in its case and head off back to Andy's and tell him "well , y'know, this guitar actually doesn't suit my needs, please give me a refund"....

what's stopping people from taking advantage of the situation?

If I'm not mistaken, you can't take it back because you don't like it anymore, or it doesn't suit your needs. The repair/refund/replace option you have is for faulty goods.

Although I think you do have a 5 business day cooling off period to change your mind and can take it back within that period of time.

This depends on where the deal was struck.

Voetstoots is not a safeguard for sellers they they are still obliged to inform the buyer of any defects they are aware of ..however if the seller is not aware of a defect an sells it voetstoots the buyer has no claim to relief .

The consumer act will not afford the buyer relief cos he boght something an now does not like it ..ie he does not like the colour or similar

I mentioend it before in anoher hread i am not convinced that this act will change anything cept possibly pricing may increase to cover retailers to possible claims but i can assure you the man in the street will have very little benefits from this..there will be isolated instances of victory beihg heard but few an far between