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  #1  
Old 05-20-2009, 06:56 AM
Homebake  is offline
 
Join Date: Jun 2008
Location: Canberra, Australia
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trade issue with jemsite member


so i've got a bit of an issue here.

i bought a 1999 rg570 from a jemsite member (if people want his name i can say it) for $500 AUS dollars. i asked him if the bridge studs were locked and straight and if the thing stayed in tune and if there were any cracks in the neck. he said there were no cracks in the neck and the bridge studs were in good condition and the guitar stayed in tune. so i bought the damn thing. it had neck pocket cracks, the tone knob was unwired, the input jack was really loose and it had a few big dings in it, but he made it clear the thing worked properly and played great. he said there was no whammy bar and no string retainer, but he said he'd send replacements and a replacement input jack, as well as a cosmo tuner to replace the silver one the guitar had on it.

so i received this guitar. as i pull it out of the box (which was well packaged) i instantly check the nut to check for cracks and, voila, a nice small hairline crack between the bolts. i'm no expert on nut stress cracks, but it looked old. it was pretty dark. so i thought "hmmm..."

i gave it a quick setup, plugged it in, first thing i notice is the pickups squeal wildly, mainly the humbuckers, even at volumes below 10. he didn't send a whammy bar obviously so i used my edge zero arm (yeah, yeah...) to test the bridge. it goes out of tune instantly on the first dive. i see the bridge studs are at a 20 degree angle or so leaning towards the nut. i disassembled the guitar and found they were wobbling like crazy, even with the studs locked.

took it to local guitar shop, paid 100 bucks (yes, i didn't want to do it myself) for them to "fix" the posts, since the anchors were wobbling in the wood. so i get the guitar back, the posts are "fixed" (they were still leaning towards the nut...), i buy a whammy bar and a string retainer (since he hadn't sent the parts) and take it home. still goes wildly out of tune after just 20 mins of playing, not even touching the bridge. the only way you can get it to stay in tune is by blocking the bridge.

over a month ago, i asked the seller to send the parts over, said he would, still hasn't. so i'm basically stuck with this piece of junk of a guitar that, according to him, worked great. i can't sell the damn thing so i PM'ed him yesterday asking if he would refund my $500 (the original cost, excluding the money i paid to "fix" it and the parts i had to buy...) in exchange for his guitar back. he hasn't responded even though he has been very quick to respond in the past and he's been online a few times since i sent the PM.

so basically, do i have any rights here? am i able to do something about this or do am i gonna have to live with my decision to buy this guitar?

sorry for the rant, but this is annoying me.

Last edited by Homebake; 05-20-2009 at 07:58 AM.
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  #2  
Old 05-20-2009, 07:40 AM
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UV-7-BK  is offline
 
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Re: trade issue with jemsite member


Thats so bloody un-australian dude!!! Not cool!! Drag him through the barrier reef, then drive across the nulabor with him strapped to your bonnet then leave him in adelaide!!
Which state is he from?
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  #3  
Old 05-20-2009, 07:48 AM
Homebake  is offline
 
Join Date: Jun 2008
Location: Canberra, Australia
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Re: trade issue with jemsite member


Quote:
Originally Posted by UV-7-BK View Post
Thats so bloody un-australian dude!!! Not cool!! Drag him through the barrier reef, then drive across the nulabor with him strapped to your bonnet then leave him in adelaide!!
Which state is he from?
he lives in sydney.

i don't know what i can do, that's the thing, i'm not sure if i have any "buyer rights" of any sort.
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  #4  
Old 05-20-2009, 08:36 AM
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jim777  is offline
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Re: trade issue with jemsite member


Well, you don't have any 'buyer rights' from Jemsite as it were; the classifieds are provided as a free service and they aren't guaranteed or anything. I guess your rights question is really one of what Australian laws allow for, and whether the completed transaction could be considered fraudulent due to the sellers dishonest description.
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  #5  
Old 05-20-2009, 08:54 AM
Homebake  is offline
 
Join Date: Jun 2008
Location: Canberra, Australia
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Re: trade issue with jemsite member


Quote:
Originally Posted by jim777 View Post
Well, you don't have any 'buyer rights' from Jemsite as it were; the classifieds are provided as a free service and they aren't guaranteed or anything. I guess your rights question is really one of what Australian laws allow for, and whether the completed transaction could be considered fraudulent due to the sellers dishonest description.
yeah, that makes sense.

where would i start looking for laws for this stuff?
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  #6  
Old 05-20-2009, 11:15 PM
LonePhantom  is offline
 
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Re: trade issue with jemsite member


Well I'll take the guitar off your hands for nothing if you can't sell it.
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  #7  
Old 05-20-2009, 11:22 PM
corey j grieve  is offline
 
Join Date: Jul 2008
Location: Adelaide , Australia
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Re: trade issue with jemsite member


Quote:
Originally Posted by Homebake View Post
yeah, that makes sense.

where would i start looking for laws for this stuff?
Understanding Returns Policies

Important information for buyers: legal rights to obtain refunds

You should also be aware of your legal rights to obtain a refund. When consumer goods are purchased (other than by auction) from sellers carrying on a business, the buyer has a legal right to return the goods to the seller and obtain a refund if the goods are either faulty, not fit for their purpose (don't do what they are supposed to do), or do not match the seller's description or sample. To obtain a refund the buyer should return the goods within a reasonable time and not dispose of, lose, destroy or damage the goods.

The Australian Competition and Consumer Commission website (www.accc.gov.au) contains more information on rights to refunds, under the section headed “Publications”.
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  #8  
Old 05-20-2009, 11:23 PM
corey j grieve  is offline
 
Join Date: Jul 2008
Location: Adelaide , Australia
Posts: 906  -  iTrader: (3)

Re: trade issue with jemsite member


Quote:
Originally Posted by UV-7-BK View Post
Thats so bloody un-australian dude!!! Not cool!! Drag him through the barrier reef, then drive across the nulabor with him strapped to your bonnet then leave him in adelaide!!
Which state is he from?
OI! Leave Adelaide out of this!!
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  #9  
Old 05-21-2009, 12:15 AM
Homebake  is offline
 
Join Date: Jun 2008
Location: Canberra, Australia
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Re: trade issue with jemsite member


Quote:
Originally Posted by corey j grieve View Post
Understanding Returns Policies

Important information for buyers: legal rights to obtain refunds

You should also be aware of your legal rights to obtain a refund. When consumer goods are purchased (other than by auction) from sellers carrying on a business, the buyer has a legal right to return the goods to the seller and obtain a refund if the goods are either faulty, not fit for their purpose (don't do what they are supposed to do), or do not match the seller's description or sample. To obtain a refund the buyer should return the goods within a reasonable time and not dispose of, lose, destroy or damage the goods.

The Australian Competition and Consumer Commission website (www.accc.gov.au) contains more information on rights to refunds, under the section headed “Publications”.
ok, that's all well and good, but how do i go about getting a refund from this guy? i mean, who enforces this stuff? it's kinda over the top to get the police or something to bust down his door...
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  #10  
Old 05-21-2009, 02:29 AM
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UV-7-BK  is offline
 
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Re: trade issue with jemsite member


Quote:
Originally Posted by corey j grieve View Post
OI! Leave Adelaide out of this!!
LMAO!!! Sorry dude, just wanted him to die of boredom!! Im sure the rest of you guys are awesome!!!
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