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-   -   eBay Frame Dilema (https://www.bikeforums.net/road-cycling/446574-ebay-frame-dilema.html)

Snuffleupagus 07-27-08 05:56 PM

eBay Frame Dilema
 
Here's the situation:

I sold a frame (that was fine) on ebay a couple months ago. A few days ago I get an email from the buyer saying that the frame cracked on him, and that he wants money to get it welded (alu frame). My initial reaction to this was to tell him to take it up with the shipping company if he believed it was damaged in shipping, as I certainly didn't sell a cracked frame...of course my suspicion is that he nailed a pothole or knocked the bike over and cracked the frame himself, and is trying to pull one over on me.

He responds to this with essentially "well you didn't ship it with a rear triangle spacer, so it's sort of your fault" and proceeds to ask for money again. I didn't put in a triangle spacer, but I'd filled it with packing material and have shipped many, many frames with no problems.

I've had people try to rip me off post sale on ebay before...but then again this guy did leave me feedback before bringing this up. On one hand I feel sorry that his frame broke, but then again it's way outside of the 7 day return period I specified in the auction, and I have no idea of knowing what happened.

My inclination is to say sorry about the frame, but I won't give you money two months after the sale of a frame.

What would you do?

DrPete 07-27-08 05:59 PM

If he's had it for 2 months and has been riding it, you can hardly blame the spacers. He's trying to pull a fast one. Besides, you're under no obligation to go beyond the return period stated in your auction.

redmist 07-27-08 05:59 PM

tell him nicely that after 2 months that he's out of luck.

entukay 07-27-08 05:59 PM

If he didn't see a crack within 2 months, then that's his fault, assuming the frame was cracked when you sent it. Which as you say of course wasn't so in which case it was his fault and he cracked it.

Say sorry bro, watch out for potholes.

TeddyKGB 07-27-08 06:00 PM

Yeah man, I wouldn't worry about it. If you specified in your sale that there was a 7 day return period and you know for a fact that you didn't sale a cracked frame then you shouldn't worry about it, especially 2 months later. This guys just trying to take advantage-he knows it is not your fault his frame cracked.

mrbubbles 07-27-08 06:05 PM

Refer to the policy you have stated in your listing. It is the responsibility of the buyer to read everything on the listing.

To avoid headaches like these, I explicitly state "Sold as is, no return or refund, no exceptions, not responsible for damage in shipping" on the bottom of my listing after clearly describing the product and supplying large and clear hotlinked picture. It gives the buyer no rebuttal when they try to claim "damage in shipping, refund my money please" or "I don't like it, can I return it?".

MONGO! 07-27-08 06:07 PM

That's his tough luck

Wested 07-27-08 06:12 PM

Tell him he should have bought steel.

shoerhino 07-27-08 06:17 PM

If it was cracked during shipping, this person would not have not been riding it for the last few months and if he gave positive feedback, that seems to indicate that everything was fine when he got it. You really can't be sure what happened to the frame but as you said, this is well outside of the return window you offered.

If he disputed this with paypal, I think they would side with you.

jemoryl 07-28-08 08:55 AM

You can't weld an Al frame and expect it to be OK - the frame is toast anyway. I think the guy is trying to pull a fast one.

kraftwerk 07-28-08 09:02 AM

Cracked Aluminum frames should be sold as scrap and recycled, I have never had luck with re-welding etc.

oilman_15106 07-28-08 09:04 AM

He, the buyer, has no recourse thru ebay or paypal either. He could go for small claims court if he is in your state but unlikely. This is like the guys who put a bike on a roof rack and drive into their garage to make a claim on their home owners insurance.

If you buy used stuff you put your money at risk and even new thru scambay there are few guarantees offered.

paul_858 07-28-08 09:19 AM

no warranty expressed.

Davet 07-28-08 09:26 AM


Originally Posted by paul_858 (Post 7150555)
no warranty expressed.

..or implied.

kudude 07-28-08 09:45 AM

you sound like a responsible seller. as everyone else said, you stated 7 days, he came back 2 months later wanting money. too bad.

Surferbruce 07-28-08 09:49 AM

i offer a 7 day return policy on ebay. if they contact me within 7 days they can return it, after that it's theirs. period.

UniversalFrost 07-28-08 10:41 AM

yeah, anything after he has had it for more than a week or so is his problem.

He had plenty of time to inspect the frame and who knows what he has been doing with the bike (could have been jumping curbs, etc...) . Plus who knows how he built the bike, he could be a pro builder or joe blow with a set of wrenches in the garage and no a clue.

JOE

enjoi07 07-28-08 11:39 AM

Just give him this
http://www.irvinehousingblog.com/wp-...ollar-bill.jpg

C_Heath 07-28-08 11:52 AM

screw him!

intence 07-28-08 12:07 PM

How much feedback does he have? Perhaps he's new to eBay, but that shouldn't matter. Coming to you two months later to complain about the frame doesn't make much sense. He should have inspected it thoroughly upon delivery.

Even with the way that UPS tosses their packages, I have a hard time seeing the frame getting cracked in shipping.

jsmithepa 07-28-08 12:41 PM

No seller should ever have to ask this question, when u explicitely state your return policy.

rankin116 07-28-08 01:10 PM

I concur with everyone else. I do a fair amount of selling on Ebay, and I would tell this person sorry, but it's way too late to be bringing this to me now.

Maybe you should somehow contact Ebay and let them know what is going on?

socalrider 07-28-08 02:15 PM

I have had similar situations on ebay, where someone comes back months later after using an item and wants a refund.. I would be as nice as possible in emails, the buyer can go through his cc company and file a complaint.. Keep all emails so you can document what happened, just in case this escalates to a dispute.

Paypal has a mixed history and many times will side with a buyer.. The buyer may tell them it arrived this way, keep the emails and document that the bike was delivered in the condition stated in the auction..

mandovoodoo 07-28-08 02:28 PM

"MISC.: Tennessee law applies, disputes may be settled by binding arbitration at our discretion, venue Loudon County, Tennessee unless we select other. Buyer agrees that failure to pay or chargeback represents breach of contract and agrees to compensate us for attorneys' fees, court costs, investigation costs, and any other incidental or consequential costs including collections costs to the maximum extent allowed under the law including interest and that a judgment need not be entered for us to turn Buyer's account over to our collection agency."

Handling chargebacks.

mfennell 07-28-08 02:37 PM

Are you the original buyer of the frame? This is way above and beyond but a friend of mine helped a buyer warranty a broken Blur about a year after selling it to him.


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