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Thread ID: 122049	2011-11-27 23:42:00	Trademe troubles	icow (15313)	PC World Chat

Post ID	Timestamp	Content	User
1245931	2011-11-28 20:34:00	Last time I checked the selller/retailer had to deal with this. Anyone got a piece of legislation I can shove in front of him? No, its an auction (on an auction site) . You will need to prove otherwise. With Auctions ,Consumer guarentees Act etc doesnt really apply . You'll have a hard time getting anywhere with this. His terms for warranty returns where clearly laid out . You may have more luck trying to prove that it wasnt new, or is a fake. Try the serial no on it & see if the manufacturer has a s/n lookup on their website- just to see if its bogus/remanufactured etc etc You could also try a complaint to trademe that he's drop shipping (not sure of their current rules), I'm pretty sure the seller actually has to be in procession of the goods. If its fake, trademe definitly dont like that. good luck .	1101 (13337)
1245932	2011-11-28 22:41:00	Again, with what the others have said, ALWAYS check the seller's feedback. If someone has any negative feedback, i tend to go looking and find out what the guy did to get that feedback. Nice detective work nonetheless lol. Although dont be suprised if someone comes knocking asking why you have their information..	EmoCat (16620)
1245933	2011-11-28 23:18:00	Most of the recent stuff wasn't there when I brought my phone, sadly. I've had that happen. People with 100% positive, then suddenly, they have 20 negatives and I have no item. However you are risking it on someone with feedback under 98% positive I think. Problem is Trademe won't give a damn, they might ban him, but that's about it. I doubt you will ever get your money back.	Agent_24 (57)
1245934	2011-11-29 02:36:00	No, its an auction (on an auction site) . You will need to prove otherwise. With Auctions ,Consumer guarentees Act etc doesnt really apply . You'll have a hard time getting anywhere with this. His terms for warranty returns where clearly laid out . You may have more luck trying to prove that it wasnt new, or is a fake. Try the serial no on it & see if the manufacturer has a s/n lookup on their website- just to see if its bogus/remanufactured etc etc You could also try a complaint to trademe that he's drop shipping (not sure of their current rules), I'm pretty sure the seller actually has to be in procession of the goods. If its fake, trademe definitly dont like that. good luck . Dropshipping is against their rules the item sold must be in your possession. Just checked the T&C's section 4.2c if anyone is interested. I filed a complaint against him for breaching t&c's, selling outside of tm and selling an item which infringes on copyright and trademark laws.	icow (15313)
1245935	2011-11-29 02:58:00	Again, with what the others have said, ALWAYS check the seller's feedback. If someone has any negative feedback, i tend to go looking and find out what the guy did to get that feedback. Nice detective work nonetheless lol. Although dont be suprised if someone comes knocking asking why you have their information.. I'll just tell him he's an idiot for using the same info for everything which can be found by simply googling the small amount of info he provided my with when the trade was setup. Then leaving his details open to view to any member of the public. This guy is the kind of person who thinks it's a smart idea to take a photo of his drivers licence and use that in all its(decent resolution) not icon sized glory as his profile picture on twitter.	icow (15313)
1245936	2011-11-29 05:15:00	No, its an auction (on an auction site) . You will need to prove otherwise. With Auctions ,Consumer guarentees Act etc doesnt really apply . You'll have a hard time getting anywhere with this. His terms for warranty returns where clearly laid out . You may have more luck trying to prove that it wasnt new, or is a fake. Try the serial no on it & see if the manufacturer has a s/n lookup on their website- just to see if its bogus/remanufactured etc etc You could also try a complaint to trademe that he's drop shipping (not sure of their current rules), I'm pretty sure the seller actually has to be in procession of the goods. If its fake, trademe definitly dont like that. good luck . The Consumer Guarantees Act (CGA) applies to some but not all sales on Trade Me. The CGA only applies to sales by sellers 'in trade' – essentially, professional sellers. It does not normally cover private or one-off sales. If an item is bought through a Trade Me classified, or by “fixed price offer” or “buy now” from a professional seller, it should be covered by the CGA. I believe that that is enough to put it under CGA beyond doubt. EVEN if this some how does not come under the CGA it will then come under SGA which is similar. The terms and conditions of the warranty are decided by the manufacturer or trader and might cover more or less than the Consumer Guarantees Act offers. The warranty doesn’t replace your rights under the Consumer Guarantees Act. And the trader can’t tell you that it does. Even though he laid out the warranty. 1) I do not believe its clear 2) His "conditions detract from what the CGA offers consumers. The CGA specifies the seller as the person you go should go to, to sort out warranties. It says you CAN but do not have to go straight to the manufacturer, it gives you the choice.	icow (15313)
1245937	2011-11-29 06:12:00	Get over it, move on, learn from it, chalk it up to experience. Life's too short. It's not worth the stress.	globe (11482)
1245938	2011-11-29 07:49:00	Yes, you need to let this go - there's more to life than $57! You've complained to TradeMe, that's good and hopefully they'll ban him. There is nothing else you can do. If he lets you send it back you may as well; he might refund you, he might not. Sometimes in life things like this happen unfortunately, with much bigger consequences. Just be glad it wasn't a lot more money.	george12 (7)
1245939	2011-11-29 17:42:00	I'll just tell him he's an idiot for using the same info for everything which can be found by simply googling the small amount of info he provided. Why? How does that help you? You could be said to be an idiot for buying something that stated he wasn't giving warranty and from someone with such blatantly obvious dodgy trades.	pctek (84)
1245940	2011-11-29 18:57:00	If you actual read my entire post you might have noticed the QUOTE and realized that it was in response to something in the quote surprisingly enough. Did I ever claim that it would help me?	icow (15313)
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