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  1. #1
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    I'm glad this has come up. I've often been amazed at adverts where the seller seems to assume that his item is SO desirable that a buyer will move heaven and earth to acquire it. Of course we all want the buyer to do everything. Pay first, drive to pick it up etc etc and that is what happens most of the time. In the case of heavy items and those of exceptional value travel to pick up is clearly the preferred option. However if you do post it is up to you to pack well and post by a method agreed by the buyer.
    If it is any comfort I have posted and received hundreds of items over the years and-touch wood-I have never had any problems with items I have sent.
    'It may be that your sole purpose in life is to serve as a warning to others'.

  2. #2
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    Quote Originally Posted by Rapidnick View Post
    I'm glad this has come up. I've often been amazed at adverts where the seller seems to assume that his item is SO desirable that a buyer will move heaven and earth to acquire it. Of course we all want the buyer to do everything. Pay first, drive to pick it up etc etc and that is what happens most of the time. In the case of heavy items and those of exceptional value travel to pick up is clearly the preferred option. However if you do post it is up to you to pack well and post by a method agreed by the buyer.
    If it is any comfort I have posted and received hundreds of items over the years and-touch wood-I have never had any problems with items I have sent.
    A round trip from Manchester to London area and back is the equivalent of 10 gallons of petrol with all the mororway hold ups. That will easily add another £55.00 to the cost of the item plus the fact that nowadays unless a peson is well retired there is really no such thing as a weekend so finding a suitable time to arrange the viewing and the sale is another obstacle. I really have no solution to this TBH but I am just highlighting the difficulties of getting from A to B.
    I have a small lathe that I am going to sell but even this small lathe with all its accessories weights more than 40 Kilos so pick up really is the only choice .

    A.G

  3. #3
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    Good debate but lets agree to disagree not gonna rant on but the only consumer law that applies to private sales is "as described" and if some heavy handed numpty smashed your expensive rifle or whatever you wouldnt be pleased and as for the cost of fuel blah blah ....pshhhhh, if you want it go get it, if not dont.... the seller is not responsible for the buyers logistical problems
    "The Countback kid always misses peg 1"

  4. #4
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    I'm always wary of using the post either to buy or sell. It's not the money if it goes missing, it's the hassle involved. If it's a very long way, I always suggest a meet halfway. I've done this several times. Often though, you just have to take a chance and use post if it's something you really want. I've missed many a gun because the seller would not post, but eventually, something always turns up.

    Regarding the law. What if you buy off a private seller on evilbay and you don't receive the goods? I'm sure there is a way you can get your money back (via paypal if you use that method of payment). So if you buy a gun on here and use paypal to pay, I'm sure you should be covered and get your payment back off paypal. Or is it not covered if you send it "family and friends"?

  5. #5
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    harvey_s is offline Lost love child of David Niven and Victoria Beckham
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    Quote Originally Posted by LESS THAN FORTUITOUS KENNETH View Post

    Regarding the law. What if you buy off a private seller on evilbay and you don't receive the goods? I'm sure there is a way you can get your money back (via paypal if you use that method of payment). So if you buy a gun on here and use paypal to pay, I'm sure you should be covered and get your payment back off paypal. Or is it not covered if you send it "family and friends"?
    I'm surprised this has come up given the amount of coverage its had on here...

    PayPal does indeed cover the seller for egay purchases - BUT you cannot buy guns there and PayPal says you shouldn't use their service to purchase them privately - so they are specifically NOT covered.

    If you send any money as a 'gift' to friends or family then its treated as that - i.e. you haven't bought goods or services therefore there is no comeback as there was nothing to get lost or broken

  6. #6
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    Quote Originally Posted by harvey_s View Post
    I'm surprised this has come up given the amount of coverage its had on here...

    PayPal does indeed cover the seller for egay purchases - BUT you cannot buy guns there and PayPal says you shouldn't use their service to purchase them privately - so they are specifically NOT covered.

    If you send any money as a 'gift' to friends or family then its treated as that - i.e. you haven't bought goods or services therefore there is no comeback as there was nothing to get lost or broken
    Sorry for the confusion. When I was talking about buying off evilbay, I meant anything, not guns in particular.

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    Quote Originally Posted by CrystalPistal View Post
    Good debate but lets agree to disagree not gonna rant on but the only consumer law that applies to private sales is "as described" and if some heavy handed numpty smashed your expensive rifle or whatever you wouldnt be pleased and as for the cost of fuel blah blah ....pshhhhh, if you want it go get it, if not dont.... the seller is not responsible for the buyers logistical problems
    Remind me never to buy from you then. For your information you could still be sued if the goods where not as described or fit for purpose even if it was a private sale. It would be a civil case and would result in a CCJ.
    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

  8. #8
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    Quote Originally Posted by Rob Edge View Post
    Remind me never to buy from you then. For your information you could still be sued if the goods where not as described or fit for purpose even if it was a private sale. It would be a civil case and would result in a CCJ.
    Not a problem no need to be personal tho have sold several items to people who have been very pleased and yes they were packed as securely as possible but they were relatively low cost items, the Prosport is still in the rack because i wont post it and an Ultimate Sporter was sold FTF but you obviously have not read the entire thread i did say that the as described rule applies and if it gets damaged it will probably still be fit for purpose unless its a write off or lost and the thread starter did say about the "posted at buyers risk aspect" of your so called contract so if that was the contract why are people flaming other people for sticking to their agreed contract sheesh loads of contracts
    "The Countback kid always misses peg 1"

  9. #9
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    Quote Originally Posted by CrystalPistal View Post
    Not a problem no need to be personal tho have sold several items to people who have been very pleased and yes they were packed as securely as possible but they were relatively low cost items, the Prosport is still in the rack because i wont post it and an Ultimate Sporter was sold FTF but you obviously have not read the entire thread i did say that the as described rule applies and if it gets damaged it will probably still be fit for purpose unless its a write off or lost and the thread starter did say about the "posted at buyers risk aspect" of your so called contract so if that was the contract why are people flaming other people for sticking to their agreed contract sheesh loads of contracts
    .... 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?

  10. #10
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    Jesim1 is offline Likes to wear driving gloves in the bedroom
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    Having read this thread there seems to be several questions, not just one, and that is causing a lot of confusion with people saying - "but what if" and then getting an answer to the wrong question?

    There is also a clear difference between a private and retail sale, regardless of what you think, and private sales are not covered by much in the way of law at all, certainly nothing beyond what has been placed in an ad as the "description" - if it's broadly correct and not deemed to be deliberately trying to decieve you then your stuck - someone’s "good condition" may not be your "good condition"?

    With private people buying and selling like this they are forming a "contract of sale" - as they have very little in the way of rights on this to begin with, then what is written in the sales ad forms the basis of the contract - so if a seller says "will post at buyers expense and risk" then by agreeing to a sale the buyer has accepted this, and this is their contract, and they are now liable, whether they like it or not. If they don't accept this, they simply do not agree to the sellers terms and do not buy- easy!

    Evil bay and PayPal don't do guns full stop, they will not help in any way regarding a gun transaction as you have broken their Ts&Cs if you have used them for this. The bay will help with components or accessories depending if it meets their criteria - you would have to read their very large amount of small print for this.

    I'm sure some people will agree with what I have written, others won't.

    There is also the big question of what is posted - guns and expensive scopes are the big thing, and most people will understand and accept this has to be agreed to liability etc., but there are then the other items which have less value and are more "postable" in the normal meaning of not being on any excluded or prohibited list - a bi pod for example.

    Most people will do the right things with smaller, less valuable items, or get it insured if it can be, but there are scammers on forums whether we like it or not, and there have been threads to prove it. So I think it's in everyone best interest to look at the item, the seller, the buyer, and how many posts they have, length of service etc. and make an informed decision as to whether they want to do business - which is what we all do subconsciously to an extent, we should just think a bit more about it as the cost and risk rises.

    I don't think there will be or can be an answer to this thread - at least not in the thread it's self. I think it's just a case of knowing what your getting into - which when spending the kind of money we see changing hands for some items is sensible if nothing else?

    James
    Last edited by Jesim1; 22-10-2017 at 07:57 PM.
    Making a mockery of growing old gracefully since I retired

  11. #11
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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"

  12. #12
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    Quote Originally Posted by lensman57 View Post
    A round trip from Manchester to London area and back is the equivalent of 10 gallons of petrol with all the mororway hold ups. That will easily add another £55.00 to the cost of the item plus the fact that nowadays unless a peson is well retired there is really no such thing as a weekend so finding a suitable time to arrange the viewing and the sale is another obstacle. I really have no solution to this TBH but I am just highlighting the difficulties of getting from A to B.
    I have a small lathe that I am going to sell but even this small lathe with all its accessories weights more than 40 Kilos so pick up really is the only choice .

    A.G
    Paletforce will be able to move the lathe. They will take anything that fits on a pallet. Last time I moved something, it weighed over 100kg and cost me £70

  13. #13
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    Really for an expensive Air Rifle your looking to send through an RFD to be safe. Think the last time i sent RFD to RFD it was £25 and the guy had to pay £25 his end so it cost him £50 in total.
    The last time i bought a Rife i drove to Reading for a really nice AA S400 nearly new paid £200 for it and was well worth the 80 mile round trip.
    Weihrauch HW77 MK1 .22 / Weihrauch HW80 MK1 .22 / BSA Airsporter MK1 .177/ Webely MK3 .22 / Diana Mod 27 .22 / SMK QB78DL .22 / Webley nemesis .177

  14. #14
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    Only skimmed through the thread.

    Surely it's down to any agreement by the seller/buyer?

    If someone is selling with posted as an option then they must have some responsibility to pack it well and do everything they can to make sure it arrives with the seller. They are offering posted in the original advert.

    If someone is saying they prefer face to face but they will post and pack it well but it's at the buyer's risk, then that's then up to the buyer. If the buyer chooses to still buy the item and pay for post and it goes missing or arrives damaged, then surely it isn't right that the buyer then starts claiming that it's the seller's problem.

    If someone advertises as face to face only, but gets pestered by a buyer to post it ( this happens ), then the buyer is having a laugh if they then want the seller to sort it out if it's gone missing.

    I'd sell like that. Ad reads something like ... "Prefer face to face so the item can be checked over and tested". If a buyer contacted me and said they were very interested but insist that it's posted then I'd agree to that as long as they paid for the postage and accepted that it was being posted at their risk if it goes missing or gets damaged.

    The seller does have to make an effort to pack it well and that can probably hit grey areas. I bought a camera off that bay place and it arrived loose in a plastic bag with the case cracked. Seller refused a refund as he claimed it was adequate and in good condition when he posted it.

  15. #15
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    The seller is still the person who has done the posting. It is he who has the tracking info slip from the PO. It is his responsibility to chase it up as to why the parcel HE sent has not been delivered.. I can imagine the post office's reaction if the buyer rolled up with no proof of posting other than a scribbled tracking number! The receipt from the PO would be needed, and the seller has that.

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