eBay Buyer Try to Return Second Hand Item 6 Months after Purchase

H-limelight on 27/04/2019 - 19:34
Last edited 29/04/2019 - 08:05

Hi everyone,
I sold a used baby infant capsule back in November 18 on eBay. The buyer contacted me today stating that the item was expired and cannot be installed.
They asked for a refund and want to meet in person to discuss even wanting to pursue civilly if need be.
First of all, I had no idea there is such a thing as an expiry date for child seat but apparently, there is based on manufacturer recommendation. I am not sure if there is actually a law against using an old child seat.
Also, I am not sure why the buyer only messaged me now, so long after the sale was completed. If they raised the issue with me during pick up, I would happily cancel the sale.
So far, I told the buyer to contact eBay and I am not sure what the advice will be.
Anyone had similar experience before?

Update
Buyers now said ebay advise them to pursue their own legal avenue. They also got legal advice that it's illegal to sell expired child seat which they say it's expired in September last year prior to the sale.
Update 2
Thanks everyone for the information. The buyer now asked to confirm name and address etc so they can initiate civil action. Serious…… For 150 bucks and a baby capsule that you suppose to use for six months only. Also it's a maxi cosi with Australian standard approval ticks.
Update 3
So I have been ignoring the buyers email and the last message I got last night is just ridiculous and funny.
………….

As I have not heard back from you I will take your lack of response as confirmation of your details. For future reference, next time you sell an item make sure it is not expired and don’t be such a dodgy person. To prey on expectant parents is honestly disgusting.

I look forward to seeing you.

Thanks.

General Discussion

Comments

    • whooah1979 on 30/04/2019 - 08:04

      You've to introduce them to Ozbargain.

      https://www.kmart.com.au/category/kids-&-toys/baby-&-nursery…

      • T1OOO on 30/04/2019 - 08:13
        +2

        Wife’s out of her mind.

    • macrocephalic on 30/04/2019 - 09:52
      +2

      Babies are like weddings, as soon as they are mentioned people see dollar signs. Buyers lose their minds thinking that anything less than the absolute best most expensive is a disservice.

      You can get perfectly good, brand name, fully functioned strollers for ~$350.

      You can buy a Range Rover to drive work in, but a Hyundai will probably work just as well.

      • moo on 30/04/2019 - 15:56
        -1

        I'd still prefer rolling up to work in my Range Rover, sipping my latte and listening to classical music.

        • macrocephalic on 30/04/2019 - 17:17
          +1

          I'd prefer to, but I'm not going to pay another $60k for the Range Rover to do that.

  • max900 on 30/04/2019 - 11:31
    +2

    Ignore the buyer. He/she knows very well it was 2nd hand. Let the (mod: edited) do the legal action. Only winner is the lawyer here.

    • SnoozeAndLose on 30/04/2019 - 18:49

      Do all this for $150, at the end of the day if OP refund him it wont recover the extra cost thay he spent.

      • Donaldhump on 01/05/2019 - 07:38

        That’s my point

  • Plug on 30/04/2019 - 23:06
    +1

    Why is there a date sticker on a child seat anyway? Which part of it expires?

    • gimme on 30/04/2019 - 23:51
      +8

      Manufacturer's profits

    • lachhelix on 01/05/2019 - 02:05
      +1

      Maybe they reckon the plastic gets brittle? Just an idea though as I would think something like that would vary based on a hundred different factors.

      In saying this, I hit an old baby seat (looked at least 20 years old) in my car that someone left lying in the middle of the road. My bumper shattered into 6 pieces while the baby seat flew 20 feet through the air, completely intact (just scratched up) so dunno about the brittle plastic argument ha

      • Mrgreenz on 01/05/2019 - 10:17
        +3

        Good job there was no baby in it

        • lachhelix on 01/05/2019 - 11:27
          +1

          I actually got home, put it on Facebook and someone said the exact same thing so I freaked out and went looking along the road just to make sure

  • squaredonut on 01/05/2019 - 07:12
    +1

    These days buyers want their due diligence done for them. Also these days people really enjoy going down the litigation path, sigh

  • AMLagonda on 01/05/2019 - 11:41

    The law states buyer beware as it not illegal to sell privately.
    The used by date is a best before date…

  • zond on 01/05/2019 - 12:11
    -4

    Hi Op

    The buyer in question here. By posting my details in an open forum you have violated my rights of anonymity and defamation, clause FFAAKKEE2019 section 69 where maximum penalty is $200,000. I am in discussions with my private lawyer and in the process of lodging a suit against you, unless you paypal me $20 (pls check your inbox for details).

    Will discuss the baby seat issues later once we settle this case.

    Best regards,

    Disgruntled ebay buyer.

    • [Deactivated] on 01/05/2019 - 15:49
      -2

      Read the first comments at least

    • Name on 01/05/2019 - 16:03
      -2

      Wait.. where did the OP post your details in an open forum? It was completely anonymous until you showed up.

      • zond on 01/05/2019 - 16:06
        +4

        Sigh!!! there goes the sense of humor and my chance to score $20!!

        • Name on 01/05/2019 - 16:06

          i get jokes…. :P

    • lltravel on 02/05/2019 - 10:34
      -1

      LOL you're a spastic mate.

      Get a life. OP can you PM me the details. I will post it for you.

  • snajper on 01/05/2019 - 16:05

    ohh… god…. expired baby capsule…..no comment…..must be made of bio-degradable materials…

  • ozoner on 01/05/2019 - 23:26
    +4

    Personally, if someone asked me to refund something I'd sold them, I'd probably go along with it in most cases, particularly when it's a pregnant mum to be.

    At least, right up to the point where they threaten legal action over a $150 secondhand item that was their responsibility to check out before purchase. At that point they can stick that seat where the sun don't shine. THIS is the kind of thing that clogs up our legal system needlessly.

    You see, there's this thing in the world called personal responsibility. It's what we learn to use when we start to realise that not all unfortunate things that happen to us are someone else's fault. Recommended, 4 stars.

    • JimmyF on 02/05/2019 - 08:02

      You see, there's this thing in the world called personal responsibility.

      and there is buyer beware as well.

      No law saying it can't be sold, the time frame is a best before, not a used by.

      • CassieRaye on 02/05/2019 - 12:00
        +1

        Just to be clear. The embossed writing which cannot be removed from the seat does not say “best before xx/xx/xxxx” it says “do not use after xx/xx/xxxx”.

  • Dr Techno on 02/05/2019 - 01:42

    I for one prefer to buy brand new safety equipment. B-)

  • pinchies on 02/05/2019 - 01:44
    -1

    Hmmm…. looks like some comments from the buyer have been deleted! Their name definitely wasn't anything like JassieCaye… would have been better to have DisabledUser3049.

    • CassieRaye on 02/05/2019 - 07:30

      Nope! Haven’t deleted anything!

      • pinchies on 02/05/2019 - 08:11

        Sorry, my bad - looks like your comments were pinned to the top of the thread as they are the most relevant. Its not uncommon for users who sign up and get a poor initial reception to request their account to be deleted, where the username is changed to "DisabledUserXYZ". Cheers.

  • Aerith-Waifu on 02/05/2019 - 03:30
    +4

    Few years ago, I sold a Samsung Galaxy S4, good condition, sold for around less than $200 by memory?

    Anyway, long story short, many month went by, the guy said the phone is now broken, when I asked him its been many month since I sold it, he then tells me he only dropped it 2 twice in the times he had it and all the phones he used before was fine after multiple droppings…………

    Put on ignore and never heard back since lol

  • Whomastadon on 02/05/2019 - 10:25

    fkn lol.

    I would have instantly deleted every email and message from the buyer.

  • Flying Ace on 02/05/2019 - 13:22

    Can I just ask why would a baby seat have an expiry date anyway? It seems like a bit of nanny-statism is going on here - but considering this is Australia I guess it’s understandable.

    • Ughhh on 02/05/2019 - 13:41
      +1

      Plastics do have a half life. My guess is for increased profits and legal liability.

  • OzBrogains on 02/05/2019 - 15:26
    +2

    vexatious
    /vɛkˈseɪʃəs/
    denoting an action or the bringer of an action that is brought without sufficient grounds for winning, purely to cause annoyance to the defendant.

    ^Buyer

  • profar on 02/05/2019 - 16:32

    Hi everyone I'm back , just to continue to get my love from all you fine folk , I tossed all the baby / toddler stuff out in hard rubbish . Main reason was no time to sell and not worth my time .

    Good thing was while admiring my garden , a nice young girl drove and stopped at my nature strip and did her free shopping . Most I've ever done for the green movement ;)

    Fire away LOL .

  • Levathian on 02/05/2019 - 16:44

    Are we still discussing this? Why?!?! We all know OP isn't gonna cough up and the buyer doesn't really have a case.

  • wookie on 02/05/2019 - 16:48
    -6

    I honestly don't think its anyone's fault here. Neither the buyer or the seller were aware of such thing as an expiry date for baby seats. I was made aware of this a while back, but never knew such thing existed before that.

    I can understand why seller is not willing to refund, but can also see why the buyer would like some kind of resolution. If it was me and i was the seller, I would meet the buyer half way and refund half the money, but that is just me.
    I don't know why so many people have given the buyer so many negs on their comments either. I can see their point of view and can certainly understand it given that the fact is that the seat IS in fact not legally usable any longer and just like any other parent out there, the buyer feels uneasy about this which is totally understandable.

    On the other hand, I totally agree with the seller saying that the seat is still in good condition and fully functional and police will never stop you and check the expiry date of the seat.

    Overall, i don't think neither side is dodgy here and some understanding both ways, would go a long way and meeting half way would be a reasonable end result here IMO.

    Just my .2c

    • fozzie on 02/05/2019 - 20:10
      +4

      Are you kidding? The seat was used for 6 months anyway! I think the seller was just trying. It’s a used item, if they cared so much they would had bought brand new like op did.

      • CassieRaye on 03/05/2019 - 01:58
        -1

        Have you read OP’s comments underneath mine?! He said he also bought it second hand! So essentially I was sold a third hand car seat. So according to you, OP doesn’t care too much either.

        • netsurfer on 04/05/2019 - 04:58
          -4

          A bit surprised that so many people sided with the seller/OP. Even though I would provide a refund if I were in OP's situation, I can understand why OP is reluctant to do so. OP really should work through this issue with you though.

          From a moral and compassionate side, you certain have the upper hand. Looking at this holistically and practically, it doesn't look that good for you.

          • Majority of second hand items on eBay are out of warranty items. Cheap phones, tablets, laptops etc…
          • Prices should reflect those are out of warranty. If they are still within warranty, sellers would normally state (because that's a bonus selling point for second hand items).
          • Ideally, you don't want to use warranty services. You want your purchases to last as long as possible.
          • Other than food, a lot of items we use every day at home could be out of warranty (some for years). Cost of living is high in Australia.

          So normally, one would assess the second hand item to see if it is worth the price based on the item condition. Age of the item is not the only factor. I have a phone that's more than 3 years old, but total usage is less than 10 days.

          Unless you can show majority of sellers selling 2nd hand baby infant capsules for $150 are selling ones still within warranty, you might need to accept most second hand capsules at that price are out of warranty ones.

          One could argue that OP was thinking: most of these capsules are overpriced, his/her old one is still in good/great condition, it could be be a cost effective option for someone else.

      • wookie on 03/05/2019 - 08:43

        Baby seats are expensive and not everyone is financially in a position to spend hundreds of $$ to buy one. Besides that, while i must admit i haven't read every single comment here, my understanding was that the buyer purchased the seat 6 months ago, but has not installed it or used it until just recently when it was discovered that it was past its expiry date.

    • tomsco on 02/05/2019 - 21:42

      the seat IS in fact not legally usable any longer

      What thread have you been reading?

      • wookie on 03/05/2019 - 08:48
        -2

        This one last time i checked. From what i read, the seat expired in September 2018, before the sale took place and the seller wasn't aware of that, which is fair enough as most poeple don't. I myself had an expired seat a while ago and was told by a professional installer as well as the police (yes, i called to check because at the time i couldn't believe there is such a thing like an expired baby seat) and was told by both that technically, the seat is not legal after its expiry date although they don't usually enforce or check this. If they lied, then I'm lying as well.

        • tomsco on 03/05/2019 - 10:59

          Would you care to point to the legislation on this?

        • Charleston on 03/05/2019 - 12:52

          Here's some reading…

          Although there is no law prohibiting the use of restraints older than 10 years, it is strongly recommended by the manufacturers not to do so for the following reasons:

          https://www.raa.com.au/motoring-and-road-safety/child-safety…

          Now the interesting thing about this is as far as I can see Maxi-Cosi don't even put expiry dates on there seats… Their own website says they have a manufactured date and recommend 10 years.

          https://helpmaxi.dorelaustralia.com.au/hc/en-us/articles/360…

          Here's some advice on buying second hand seats…

          https://raisingchildren.net.au/preschoolers/safety/car-pedes…

          If you choose to use a second-hand child restraint, make sure to check that it:
          - is under 10 years old – check for a manufacture date on the restraint

          Oh also this one…

          If you’re not sure about the safety history of a second-hand child restraint, it’s best not to accept or buy it. Consider buying a restraint only from someone you know and trust.

          You'll notice there is no recommendation to buy it while being ignorant then threaten to sue them. Because that would be completely unreasonable.

    • CassieRaye on 03/05/2019 - 02:01
      -7

      Hi there,

      I just wanted to thank you for your empathy and kind words. It’s reassuring to know that they’re are kind people like yourself out there. But I know that OP isn’t willing to assist and I’ve come to terms with that. I’ve learnt a valuable lesson and I won’t be making the same mistake. I’m just super uneasy because it clearly says “do not use”. So I’m still kinda of on the fence on what to do with the seat but I wouldn’t put another parent through this. It’s my first baby so I was pretty naive about everything.

      Thank you again for your kind words. It means a lot.

      • fozzie on 03/05/2019 - 07:22
        +1

        If you buy second hand there is no warranty. If you are so concerned you should had bought new.
        When I had my kids I was told not to buy second hand as you have no real way to check if seat was involved in an accident anyway.

        • wookie on 03/05/2019 - 08:44
          +1

          I agree with that and I personally would never buy a second hand baby seat myself, but i certainly do understand that not everyone can afford to buy a brand new one. If everyone was buying brand new seats, then people like the seller would never be able to sell their second hand seats.

          • applechewz on 03/05/2019 - 09:41
            +1

            @wookie: Whether or not the seat is new or second hand, the buyer should've done proper research before purchasing the item. I'm sure there are many baby forums on the internet that advises people to check on the expiry date before purchase.

            • wookie on 03/05/2019 - 09:51

              @applechewz: Perhaps. Although it was a while ago, I did a lot of research and read up a fair bit about baby seats, but I don't recall seeing any mention of an expiry date for baby seats, but yea, that was quite a while ago.

              • applechewz on 03/05/2019 - 10:02

                @wookie: Fair enough.

                A quick google search provided me with plenty of forums/websites that mentions what to look out for when buying a second hand baby seat, some even dating back to 2011.

                I do feel for the buyer given her situation but the stress is definitely not worth it for the baby. I really do hope everything works out well for her!

        • CassieRaye on 03/05/2019 - 11:27

          I’m aware there is no warranty! I’m concerned now because the buyer advised me it was second hand and his child was the only child to use the capsule when in fact he bought it second hand.
          Not everyone can afford to buy brand new items and look for good quality items that are second hand.

          • cheng2008 on 03/05/2019 - 15:29
            +3

            @CassieRaye: Hi Cassie, I get that you're a young mother, and finances are tight. But you need to understand that second hand goods are cheap because they come with no guarantees. This is where you come in. Do the research first, make sure everything's good. This will be time consuming due to all the different models and minor differences possible. Ask the questions such as "did you buy it new?" before you hand over the cash, instead of assuming that the seller bought it new. That way if he lied to you at least you have a leg to stand on. In short be happy with, and absolutely sure of, what you're getting before you leave. That way there are no surprises later on as there are now.

            As for suing the seller, I think you should understand that suing shouldn't be one of your first options, considering that it's only $150. Now, one of the things you said to him was that you wanted to sue because he was dodgy. Truth is, even if he was dodgy (and it seems like most people here think he made an honest mistake) suing him will be difficult and not a good experience for either of you, because it's on you to prove it. Let's say the judge asks him if he knew about the date. He says he didn't cause he didn't buy it new. Then the judge questions you. Did you ask him if he bought it second hand and what the date on it is. You didn't do that. In that case, the judge will find it very difficult to side with you, and you've wasted a lot of time and money trying to fight an uphill battle, not to mention the court's.

            My recommendation is to chalk this up as a learning experience. Right now, it looks like the seller isn't going to help you with it, so I would suggest that you remember everything for next time. Do the research before you start bidding or buying. Ask the questions. Look over everything thoroughly before you walk away and be more vigilant next time in case a seller tries to do the dodgy. You're only 19 so you've got plenty of learning ahead of you. That's fine. Don't sue just because you're trying to right an injustice. A lot of people get away with injustices in the world and there unfortunately isn't time to deal with it all. And good luck with the baby.

    • cookietime on 03/05/2019 - 09:31
      +2

      I don't know why so many people have given the buyer so many negs on their comments either.

      It's because of your selective reading skill. It has been mentioned again and again that there's no legal requirement to throw the seat away after 10 years but the buyer and people like you kept ignoring those comments.

      The transaction happened 6 months ago, who knows what the buyer did to the seat?

      • wookie on 03/05/2019 - 09:49

        Hence why i said in my original post that I put no blame on the seller nor think that the seller has done anything dodgy.

        I'm not ignoring anything and never said that the seller has done anything wrong here and should refund the money. I'm just saying that I understand if the buyer feels a bit uneasy about it, that's all.

        Not sure why you people seem to think I'm taking sides here. I'm not, in fact I've clearly stated that I understand seller's point of view, but can also see where the buyer is coming from and simply stated why I personally would have done if i was the seller, which by no means is meant critise the seller. Nothing more and nothing less.

        • cheng2008 on 03/05/2019 - 14:26
          +2

          It’s because the buyer threatened to sue the seller. She needs to understand that second hand goods do not come with any guarantees, and she needs to take responsibility for doing the research. Threatening the seller with lawsuits is a waste of her time, his time, as well as the court’s.

    • Charleston on 03/05/2019 - 12:24

      I don't know why so many people have given the buyer so many negs on their comments either. I can see their point of view and can certainly understand it given that the fact is that the seat IS in fact not legally usable any longer and just like any other parent out there, the buyer feels uneasy about this which is totally understandable.

      Except that this is perfectly legal to continue to use, and the date is a recommendation made by this particular manufacturer with the purpose of driving sales.

      And that the buyer has made claims without any legal backing, and threatened to sue… thats probably why they've got so many negs.

  • omicron on 03/05/2019 - 08:18
    +5

    Wow, civil action for a $150 used item. Classic!

  • gimme on 03/05/2019 - 12:58

    We need Judge Judy to decide!

  • snooksy on 03/05/2019 - 13:35
    +1

    Caveat emptor (Buyer beware). It will cost the buyer more money to proceed with legal avenues. Just ignore it until you get a summons then explain that you weren't aware of the expiry date and the buyer didn't ask about it before taking ownership of the product.

    You didn't misadvertise it with any falsehoods and you didn't lie. Therefore you buyer has no case. It's also possible this case would be considered a waste of court time as I think there is a minimum $200 claim amount. The claimant has to state that this isn't a waste of court time and I think $150 would be below a reasonable amount of money to expect legal professionals to hear the case.

    The buyer needs to put is down to a learning experience and move along. $150 isn't worth the time to even fill in the forms and prepare a case for a court hearing.

    Seller - Ignore it and get on with your life until you get a summons.
    Buyer - Move on with your life and take it as a learning experience. Invest your energies into earning the $150 elsewhere.

  • kashxpert on 03/05/2019 - 15:52
    +2

    After reading this thread, from now on I will solve all my domestics here! and send a link to the other party!

  • netsurfer on 03/05/2019 - 17:37
    -5

    If the buyer is unhappy about the purchase, I would normally get the item back and provide a full refund.

    In this case, if the buyer can actually show the expiry date is before the date he purchased the second hand item from you, a full refund should be provided. True, you might not know at the time, but now you know and if that's indeed the case, the fact remains that you sold an item past expiration date (which you didn't mention in the listing).

    Your reputation is worth more than $150. Personally, if I were you, I would simply ask for a photo and relevant info showing the item has expired, and if it has indeed expired prior to the eBay sold date, I would provide a full refund (without asking the item back - and simply ask the buyer to dispose the item). A similar thing had happened to me before - buyer claimed the item was damaged by the delivery company, I asked for a photo (and it was clearly damaged; even though I did use original packaging, I could have put more padding inside the box). Anyway, as the item has been damaged and I didn't want it back, I issued a full refund without asking for the item back. Honestly, if I were the buyer and the item arrived damaged, I would be quite upset.

    Handling sales that have gone pear shaped is a key part of being a good seller. You cannot expect 100% success all the time. You need to set aside some funds / or be prepared to handle these things if you want to sell online for a long time.

    • scatman00 on 03/05/2019 - 23:43

      Do you sell on ebay?… Can you link your account please, I wouldn't mind some free stuff…

      • netsurfer on 04/05/2019 - 01:41

        It might be easier for you to become my friend to get freebies from me (I gave away a 24 inch IPS LCD monitor to a mate recently - no VESA mount though). I do regularly throw in freebies for buyers (I threw in second hand tiny size SSDs (80GB or 120GB) when people bought a second hand PC bundle from me - chucked in Windows 10 Pro as well since the license stays with PC anyway). So yes, you can exploit it by returning the rest to me and keep the SSD.

        Don't worry, a buyer has already took advantage before. He didn't contact me, yet managed to get full refund from PayPal without needing to send the item back (the item is fine, he clearly changed his mind after 40 days). He didn't even need to raise a case. Wish him did the right thing and send the item back to me.

        Could have helped if OP was proactive at the start. Explained that he wasn't aware of the short expiration time period the maker put on their site. Obviously, those makers want to cover themselves and prefer new parents to buy new, instead of second hand. When it comes to safety, especially child safety, it is worth more than $150. However, he really thinks the item was in good and safe condition.

        I can understand OP feel the buyer might be harsh. When a buyer has an issue with an item, he/she will generally be quite upset at first, that's quite normal. However, if you show genuine effort when trying to resolve the issue, the buyer generally will calm down a bit and try to work towards a resolution.

        Honestly, when a buyer has an issue, I would assure the buyer that full refund will be provided if the issue cannot be resolved. The buyer does have the rights.

        • Ughhh on 04/05/2019 - 11:34

          The buyer does have the rights

          Its a private sale, afaik the only rights a buyer has is when fraud/scam is involved. Ie. Op lied in listing and said item expires in 1 year time instead of 9/18. Even then, you need to go through court.

          Other "rights" you have are "guarantees" provided by eBay/PayPal. Those "rights" are under ebay PayPal terms, not ACL.

          There's a different motive between business ebay sellers who care about reputation. Then theres casual sellers who won't give a crap about 1 ignorant buyer.

          Law takes into moral, compassion AND fairness into consideration.

          • netsurfer on 04/05/2019 - 12:27

            @Ughhh: This thing is complicated and yes I agree with what you wrote. Basically, both parties feel the other side has / had malicious intent, but neither side has any proof.

            If you look at the overall picture, assuming the seller did not cover up the expiration with labels, most will feel the buyer is being harsh. Even if the item were still in the used by date at the time of sale, expecting another 6 months+ warranty for second hand items is unrealistic. Also, why buy so early?

            The main reason I would elect to offer a full refund and end this is because (1) this is for a first new born (which parents feel very strongly about and do tend to follow strict guidelines and (2) if a customer is unhappy, it just doesn't feel right to take the money.

            I've done refunds due to user error, delivery company broke the item in transit, hackers hacked into the buyer's accounts (both eBay and PayPal). Most of them are much larger amount than this one. Also, realistically, buyers get strong protection nowadays (60 days to dispute a transaction). That's just the way it is for sellers.

            • Ughhh on 04/05/2019 - 13:32
              +2

              @netsurfer:

              I've done refunds due to user error, delivery company broke the item in transit, hackers hacked into the buyer's accounts (both eBay and PayPal).

              Those circumstances are not change of mind, such is what this op is about basically.

              buyers get strong protection nowadays (60 days to dispute a transaction).

              Op is 6 months after transaction. Even ebay told buyer to FO.

              The main reason I would elect to offer a full refund and end this is because (1) this is for a first new born (which parents feel very strongly about and do tend to follow strict guidelines and (2) if a customer is unhappy, it just doesn't feel right to take the money.

              No offence, but those are your reasons, your opinions, which are Kinda irrelevant. You can offer a $100000 in compensation if it makes you feel whole, but it's still irrelevant. Law is what's relevant. Unless youre trying to make the seller feel guilty…

  • harrywwc on 03/05/2019 - 17:37
    +3

    my 2c reiterating many others…

    you buy something second hand from a private seller, it is your own responsibility to do due diligence - not the seller's.

    caveat emptor - buyer beware.

    • lesson learned the hard way - but I didn't run back to the seller and sook about it, I put on my big-boy pants and took it as a life lesson, at the time a relatively ($2000) expensive life-lesson, but a life-lesson none-the-less.
    • netsurfer on 03/05/2019 - 17:47
      -1

      It depends on the sellers. Buyers not happy about what they purchased from me, I would offer full refund.

      I see many sellers getting frustrated about customer complaining and posted on OZB regularly. Honestly, if you are unwilling to handle these situations, then don't sell. It's the same for shops, you are bound to get some unexpected things. 100% success rate is impossible in the long run. This one, the buyer appears to have legit reason to complain. I even had to deal with fraudulent transactions (someone hacked into a buyer's eBay and PayPal accounts).

      You can only tell whether a seller is good or not when they deal with these not quite right transactions.

      • bamzero on 05/05/2019 - 12:25

        Not 6 months later though.

  • T1OOO on 03/05/2019 - 17:58

    Oh smapppp is Cassie the ops buyer!!?!

    God dam the internet just paid for itself!!!

    Snnnawweweeppppeeeeeee

    Jerry jerryyy jerryyyy!!

  • T1OOO on 03/05/2019 - 18:04
    -3

    Cassie I honestly think the buyer has a moral obligation here to atleast split the costs.

    What he did while not wrong or illegal perhaps turns out wasn’t right.

    But good bloody luck trying to get anything from an ozbarguver!! Easier to get blood from s stone. So just move on. U spent too much time over it.

  • netsurfer on 04/05/2019 - 14:14
    -5

    @CassieRaye and @H-limelight

    I understand both of you feel that you are the victim. From a 3rd party perspective, both of you are responsible.

    Cassie / Buyer:
    True, the seller shouldn't sell you the item if it has past the official safety expiration date. The seller has indicated he didn't know (which is not an acceptable excuse for you even though you too didn't know to check for that during inspection).

    What is a realistic expiration date for such an item second hand? Would 6 months do? If yes, it would be close to expiring anyway. It's not a good item to buy well in advance. If you are seeking compensation from seller past what's normally allowed (especially for second hand items), do you think it is fair that you also provide a reasonable amount of compensation for holding onto the item for nearly 6 months? If the seller had paid any eBay or other fees, you cannot expect the seller to refund that portion (since there is no way eBay refund that amount to the seller now).

    About the 3rd hand issue: Is a second hand item used 2 years better than a 3rd hand item used for combined total of 1 year?

    Try to take a positive spin on this: had you bought an item with 6 months official usage time left at the time, you probably would have paid more and ended up in a bad situation as well.

    H-limelight / Seller:
    You probably feel that you are hard done by and your original good intent has gone pear shaped. Unfortunately, the fact is you did sell an item past the safety expiration date.

    Yes, buyers can and will pick up on any listing gap or error (and punish you). The reality is that selling any second hand item on feeBay carries high risk. With eBay and Paypal enforcing 30 days warranty (and credit card companies providing up to 60 days for disputing the transaction), you are at the mercy of buyers. Unfortunately, that's just the way it works for sellers. Most of the time things go smoothly.

    Since you cannot completely rule out you are not at fault (you cannot prove the previous seller sold you an expired item). Do you think buyer seeking some amount of compensation from you is reasonable?

    I did have to provide a full refund to a buyer once for damage done by a 3rd party (delivery company) and I still paid for the postage in full. It was costly.

    To both:
    Sincerely hope you can resolve this issue quickly and in a fair matter to both parties. This whole situation is unfortunate, but neither of you is completely right so it's only fair that both of you take on some responsibilities.

    • Samsungnote10 on 05/05/2019 - 07:48

      Are you trying to be a lawyer?
      That's not how the law works

    • OpenAI on 07/05/2019 - 15:20
      +1

      @netsurfer

      Can you please quote me which law seller has broken in regards to:

      -Transaction
      -Child Seat Expiry

      and remove any personal and moral justice you are trying to push onto the masses.

Login or Join to leave a comment
Login Join