Was this a Rip Off?
Nigel King
I am writing for advice. A friend bought a second hand Blade 7.2 from a
reputable dealer in UK (currently nameless). The assistant said it was his,
only a few months old and in good condition. The sale was a dealer sale, not
a private sale. The buyer couldn't see the kite unfolded because there
wasn't enough room in the shop.
A deposit was put down and the kite send by mail when the full amount was
paid, a few days later. When the kite was received and opened out, it had
little holes all over it like burn holes, some many millimeters in diameter.
These couldn't have been seen in the shop, but the seller must have know
about them.
Secondly, the kite was vastly overpriced. It's possible to get a brand new
7.8m Blade II, for less, with lines. A Blade 7.2 must be more than "a few
months old" and again the seller would have known this, for sure. A "few
months" is subjective , but I think reasonable to assume less than six
months.
I think he was taken advantage of. What constructive action can he take up
with the dealer?
Thanks
David Brown :o)
> When the kite was received and opened out, it had
> little holes all over it like burn holes, some many millimeters in
diameter.
> These couldn't have been seen in the shop, but the seller must have know
> about them.
For this alone I would take the kite back and demand my money back. Second
hand or not, he is a dealer and from your post sounds as if he was
deceiptful.
> Secondly, the kite was vastly overpriced. It's possible to get a brand new
> 7.8m Blade II, for less, with lines. A Blade 7.2 must be more than "a few
> months old" and again the seller would have known this, for sure.
Why did your friend not look at new prices first? This is your friends own
fault but again any reputable dealer shouldn't have knowingly ripped him
off.
> I think he was taken advantage of. What constructive action can he take up
> with the dealer?
Try speeking to him, if that fails then boil his rabbit.
--
David :o)
parkcourt<ugcc>
http://homepage.ntlworld.com/parkcourt/kites/
Chris Eilbeck
> I think he was taken advantage of. What constructive action can he
> take up with the dealer?
Go to Trading Standards, it sounds like the kite wasn't of
merchantable quality and unfit for purpose to me.
Chris
--
Chris Eilbeck mailto:ch...@yordas.demon.co.uk
MARS Flight Crew http://www.mars.org.uk/
UKRA #1108 Level 2 BSMR
Michael Moss
I would certainly ask for my money back if the kite was not received in
the condition it was advertised as...
as far as the price...... that's another matter.. it should just be a
"lesson learned"... you can't make a deal on something, then find it
cheaper somewhere else a week later, and expect to return it... (unless
That is specifically advertised).... as prices can change daily on any
retail product..
I've run into this price thing a few times selling sewing machines, but
there Are times that we buy a lot of 100 of a model, and can retail them
for less than the ones we sold a month earlier when buying 5 or 10 at a
time.... I don't know the fair answer..
Oh Well...
--
Mikey Luvs Ya!!
http://www.cloudnet.com/~kyakmike/
Nigel King
Thanks for the replies. No, it actually is a friend who was sold this kite,
but he is a student who has limited access to the internet, so I have
offered to help. He is quite upset by the whole episode.
The dealer is refusing to refund, but has offered credit on a new Blade 6.2
(which he doesn't want) or a new Blade 7.8 at full price plus lines and
handles. Even though the offers price matching on his website, it seems that
this is not being offered here and the dealer suggests that he is being
quite generous to offer anything at all. Which is pants! The kite is damaged
and it was sold under false pretences, there is no getting away from that
fact. Even though he had a look at it in the shop, he wasn't able to unfold
the kite and see that kind of damage, which the seller must have known was
there.
The kite has been sent back. Unfortunately the dealer is in Brighton and the
buyer is in Newcastle, otherwise face to face negotiation would, I'm sure,
have brought about a much quicker resolution. I think part of the problem is
that the shop owner wasn't fully involved in it all, but rather an
assistant. But it's still the responsibility of the shop to sort it out,
they billed him and the dealer has his money.
If you're in Brighton and offered a Blade 7.2, check the price and the
quality carefully.
"Nigel King" <nk...@amblenet.co.uk> wrote in message
news:a9htfv$p7v$1...@newsg2.svr.pol.co.uk...
HEIDI EKELØF
and owner on this site, might help..
heidi
"Nigel King" <nk...@amblenet.co.uk> skrev i melding
news:a9k1tj$tg6$1...@newsg3.svr.pol.co.uk...
Nigel King
things right first. If it still doesn't play fair then I would be quite
happy to put it's name up in lights here.
Nigel King
"HEIDI EKELØF" <hei...@c2i.net> wrote in message
news:KXiv8.1682$HB3....@juliett.dax.net...
chris
here the lesson in Consumer Law coming up.
I have extensive experience working alongside trading standards here
on Tyneside for some major retail nationals so if you want I can talk
to your friend if you let me have a land line number...anyway
------------
IN LAW
you buy ANYTHING from a high street store of ANY kind it must be
"fit for the purpose it was made for"
"merchantable quality"
ie all there and in one piece able to last a reasonable time.
if used, it must be stated to you in writing or verbally but stil
should pass the first two "rules."
-------------
There are tons of laws governing sales and almost all are in favour of
the buyer.
If the kite was bought with a visa credit card, contact visa and make
a claim for attempted fraud by the retailer. Visa may, under the right
circumstances suspend payment.
Write a formal letter of complaint containing the FACTS (not opinion)
of your complanint and send it recorded delivery, give the store some
time (say 10 days) to refund.
The fact that a sales assistant sold you the kite and not the owner is
irrelevant and makes no differnce. What is said to you in the store by
ANY member of staff constitutes a verbal agreement.
You MUST contact the trading standards office covering Brighton to
make a formal conmplaint, use the words fraud, false pretence and mis
representation.
You have no argument over the price. As the consumer it is your choice
to buy it so you can only argue over the quality and damage on the
kite.
the trading standards officer will listen to you but it is often their
choice on how to act, be polite and clearly lay out you case, telling
them about the letter you should ahve sent and any and all
conversations you have had. Once convinced (and it doesn't take much)
there is nothing more scary as a trading standards officer in your
store. I once put the wind up a Fiat car dealership this way.
Chris
Nigel King
Thanks for your reply and putting it so clearly. I have told my friend to
email his number to you privately.
It all goes to show what the power of a newsgroup and genuine body of people
can do to help out in problems like this.
Interestingly I've also had an offer from someone, through this group, to
offer assistance in Brighton.
By the way, to clear one issue up, the company is NOT Oddballs.
Thanks to Chris, Heidi, Russ, Chris E, David and Michael for your input.
I'll keep you up to date on the result.
Nigel
"chris" <loo...@yahoo.co.uk> wrote in message
news:14228f2.02041...@posting.google.com...
Dave Bovee
<nk...@amblenet.co.uk> writes:
>Good idea, Heidi. However I would prefer to give it the opportunity to make
>things right first. If it still doesn't play fair then I would be quite
>happy to put it's name up in lights here.
>
He (or she) already hasn't played fair. If the facts are as you've given them,
the seller has sold a defective item and refused to take back the item and
refund the money, or replace the item with a good one. This is known as
swindling, and I see no reason not to emblazon the name of swindlers all over
the Internet. I admit it's tricky, since all manner of cheats and
double-dealing "customers" might -- and do -- come out of the woodwork with
false accusations, but the seller can always defend him/herself. I say put
the name of the dealer up on the newsgroup -- if the dealer then makes good, he
can always say so and claim to have misunderstood the situation, or whatever.
Of course, this approach might be actionable in the UK even if the dealer *is*
a swindler, if libel laws are as capricious as what I hear -- my suggestion is
only a U.S.-based technique.
Dave
Peter Dawson
growing as to who it is, they "might" reconsider. I for one would be
interested in the identity of the shop. I've many friends in that neck of
the wood.
Tried to get in touch with the local kite club? they might take an interest
in this action.
regards, Peter Dawson.
"Dave Bovee" <dave...@aol.com> wrote in message
news:20020422121728...@mb-ck.aol.com...
Nigel King
Thanks Peter.
I'm still waiting for an outcome from the shop. It seems that the assistant
isn't working there now (??!!). As soon as I hear of an outcome, Ill post
the news
Nigel
"Peter Dawson" <kite...@lineone.net> wrote in message
news:3cc5d...@mk-nntp-1.news.uk.worldonline.com...
Kite
other kiters of dodgy kite shops. By and large most kite shop owners
are friendly enthusiasts and offer good advice - it sounds like the
dodgy assistant has scampered since the shop owner has found out what
has happened.
But the question remains ... how can a person looking to buy a
powerful kite the size of a Blade 7.2 not know what the market price
is?!?!
It's not the average kite that a family might buy on the spur of the
moment to fly at a picnic - it's a serious piece of kit that costs
serious dosh that only a kite enthusiast would purchase. What worries
me is the shop sold a potentially dangerous kite to kiting rookie!
K