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Thread: Information for sellers

  1. #46
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    Quote Originally Posted by harvey_s View Post
    .... understood the bit about not posting the Prosport and selling the U. Sporter.
    Next bit is confusing though - say you did post something that got lost...
    Would you refund the purchaser the whole price paid - even if that was greater than the compensation you got from Royal Mail?
    No because the contract was "at buyers risk".....Did I lose it ....NO ....fellas people who are selling stuff are not all dealers they work just as hard for their money to buy things as the rest of you, if you don`t want to/can`t collect then don`t ask to buy the item .. if you still want it and YOU want it posted then just understand its at YOUR risk its not really that hard to understand we all take reasonable precautions recorded delivery blah blah but if it gets damaged or lost sorry but YOU wanted it posted!!!
    "The Countback kid always misses peg 1"

  2. #47
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    Quote Originally Posted by CrystalPistal View Post
    No because the contract was "at buyers risk".....Did I lose it ....NO ....fellas people who are selling stuff are not all dealers they work just as hard for their money to buy things as the rest of you, if you don`t want to/can`t collect then don`t ask to buy the item .. if you still want it and YOU want it posted then just understand its at YOUR risk its not really that hard to understand we all take reasonable precautions recorded delivery blah blah but if it gets damaged or lost sorry but YOU wanted it posted!!!
    Then why not just take the same stance as you did with the other two?

    It's YOU that wants to sell it and unless the person agrees beforehand to your terms, that risk is YOURS.

    I would never agree to your terms if you told me what they were & trying it afterwards would be illegal.

  3. #48
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    Quote Originally Posted by harvey_s View Post
    Then why not just take the same stance as you did with the other two?

    It's YOU that wants to sell it and unless the person agrees beforehand to your terms, that risk is YOURS.

    I would never agree to your terms if you told me what they were & trying it afterwards would be illegal.
    YOU!!!! keep saying exactly what i am saying never once have i said that it is at buyers risk without them first knowing...... read the first post of the entire thread

    "I've seen many sales ads which state postage "at buyers risk"..... this is the premise on which the whole thread has been based

    the reason i would not post the rifles is for the reasons you keep having a pop at me for ....... the insurance will not cover the value,.... shame to risk a perfectly good rifle.........and then the fact that despite it being clearly stated that it is postage at buyers risk some numpty will start having a go
    "The Countback kid always misses peg 1"

  4. #49
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    The only way a buyer can be responsible for the carriage is if they have paid for it and sent a label to the seller. If the seller has paid for the carriage then they have entered into a contract with the courier to deliver the goods in as described condition. Postage at buyers risk will not stand up in a court of law.
    You can spend thousands and still miss a barn door or spend just enough and enjoy yourself. If you haven't got the talent to start with a million pound won't fix it. Whippet, Russell, a few bang sticks and a flat cap. http://www.smart-tech1st.co.uk

  5. #50
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    Quote Originally Posted by Rob Edge View Post
    The only way a buyer can be responsible for the carriage is if they have paid for it and sent a label to the seller. If the seller has paid for the carriage then they have entered into a contract with the courier to deliver the goods in as described condition. Postage at buyers risk will not stand up in a court of law.
    The contract between the seller and the chosen courier / postal service, is surely just that (a contract between those parties) and would form no part of any contract between the buyer and seller of the item.
    The contract between buyer and seller is whatever is agreed at the time of the sale.

    There are risks a plenty in distance buying. Dont fancy the risk ? buy local.

    Once again, the shooting community continues to make it very difficult for itself
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  6. #51
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    Quote Originally Posted by robs5230 View Post
    The contract between the seller and the chosen courier / postal service, is surely just that (a contract between those parties) and would form no part of any contract between the buyer and seller of the item.
    The contract between buyer and seller is whatever is agreed at the time of the sale.

    There are risks a plenty in distance buying. Dont fancy the risk ? buy local.

    Once again, the shooting community continues to make it very difficult for itself
    Correct. but the claim for loss damage goes to the courier and the seller has responsibility to reimburse the purchaser regardless of the outcome.
    You can spend thousands and still miss a barn door or spend just enough and enjoy yourself. If you haven't got the talent to start with a million pound won't fix it. Whippet, Russell, a few bang sticks and a flat cap. http://www.smart-tech1st.co.uk

  7. #52
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    Quote Originally Posted by Rob Edge View Post
    Correct. but the claim for loss damage goes to the courier and the seller has responsibility to reimburse the purchaser regardless of the outcome.
    Perhaps morally, but just try and impose that legally if the ad stated it would be posted at buyers risk and then the buyer has agreed to that by buying it?

    I'm sure there are some lawyers on here - would any of them try to fight a case like this on a no win no fee basis and expect to win if a gun were posted and damaged in transit under the above circumstances?

    James
    Making a mockery of growing old gracefully since I retired

  8. #53
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    Quote Originally Posted by Jesim1 View Post
    Perhaps morally, but just try and impose that legally if the ad stated it would be posted at buyers risk and then the buyer has agreed to that by buying it?

    I'm sure there are some lawyers on here - would any of them try to fight a case like this on a no win no fee basis and expect to win if a gun were posted and damaged in transit under the above circumstances?

    James
    The only way you could make "at buyers risk" stick is if the buyer had aranged and paid for the delivery method. A simple county court case costs little and all you have to prove is that the description is incorrect or it isn't fit for purpose. If I posted something described as good condition then it must be working unless stated in the advert as faulty or damaged.
    You can spend thousands and still miss a barn door or spend just enough and enjoy yourself. If you haven't got the talent to start with a million pound won't fix it. Whippet, Russell, a few bang sticks and a flat cap. http://www.smart-tech1st.co.uk

  9. #54
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    I'm far from convinced that just putting "posted at buyer's risk" is legal without an agreement in writing from the buyer to waive his/her legal rights.
    The buyer could well argue that "I just thought they meant it might get damaged or lost - not I wouldn't be reimbursed!"
    No expensive lawyer would be required... just a small claim court application.

  10. #55
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    My post seems to have generated some interesting discussions.
    To give a more real world scenario... How many people would refund a buyer if the item wasn't received? Let's assume it was under £100 and the cost could be reclaimed by the seller.

  11. #56
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    Quote Originally Posted by Jesim1 View Post
    Perhaps morally, but just try and impose that legally if the ad stated it would be posted at buyers risk and then the buyer has agreed to that by buying it?

    I'm sure there are some lawyers on here - would any of them try to fight a case like this on a no win no fee basis and expect to win if a gun were posted and damaged in transit under the above circumstances?

    James
    Without a document that actually defines exactly what the words "at buyers risk" means, covers & excludes, signed & witnessed by both parties,
    then I would expect the definition that until it's physically delivered to the buyer it remains the responsibility of the vendor to apply.

  12. #57
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    Quote Originally Posted by AdeC View Post
    My post seems to have generated some interesting discussions.
    To give a more real world scenario... How many people would refund a buyer if the item wasn't received? Let's assume it was under £100 and the cost could be reclaimed by the seller.
    Without a doubt.
    You can spend thousands and still miss a barn door or spend just enough and enjoy yourself. If you haven't got the talent to start with a million pound won't fix it. Whippet, Russell, a few bang sticks and a flat cap. http://www.smart-tech1st.co.uk

  13. #58
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    Quote Originally Posted by Rob Edge View Post
    Without a doubt.
    Yes I would, only right.

  14. #59
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    Quote Originally Posted by AdeC View Post
    My post seems to have generated some interesting discussions.
    To give a more real world scenario... How many people would refund a buyer if the item wasn't received? Let's assume it was under £100 and the cost could be reclaimed by the seller.
    That's a straight forward example. There are often examples of sales where a large item (rifle) worth quiet a lot more than £100 (PF48 Comp limit) is posted, hence the polarized views expressed in this thread.

  15. #60
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    I'd say a buyer agreeing that compensation is limited to below £100 is good enough, so long as it is agreed before posting then they have no comeback.

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