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Do I have to give the buyer a refund..?

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  • 19-03-2007 9:49pm
    #1
    YMCA-KING
    Closed Accounts Posts: 7 ✭


    Hi everybody,

    I sold an Xbox 360 in the buy&sell and it was working grand...

    2 Weeks later the buyer wants a refund because it has broke.

    Do I have to give him a refund..... surely not???

    Thanks


Comments

  • Options
    #2
    YMCA-KING
    Closed Accounts Posts: 7 ✭YMCA-KING


    And he said he contacted hte gardai and they said he should take me to small claims court..?


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    #3
    Spocker
    Moderators Posts: 6,861 ✭✭✭Spocker


    Did he confirm it was working when he received it? If he did did you keep proof of this?


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    #4
    YMCA-KING
    Closed Accounts Posts: 7 ✭YMCA-KING


    well, if it was broken when he collected it and saw it working then he wouldn't of bought it?

    It was working and he knows it, I showed him it working........?!


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    #5
    bbbbb
    Registered Users Posts: 732 ✭✭✭bbbbb


    The guards will have a laugh. He's not a consumer under legistlation, see here
    By law, you are not a consumer if you:

    * Receive goods as a gift
    * Buy goods for commercial purposes (i.e. you will be using the goods for commercial and not private use)
    * Buy goods for private use that are normally used for business purposes
    * Buy goods from an individual who is not in business (i.e. you buy a car from an individual whose normal business is not selling cars)

    When buying privately, it's "buyer beware"


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    #6
    super_furry
    Registered Users Posts: 27,322 ✭✭✭✭super_furry


    Unless you offered him a guarentee, he's screwed.


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    #7
    stepbar
    Closed Accounts Posts: 6,123 ✭✭✭stepbar


    No you dont have to give him a refund. Buyer beware and all that. However the warrenty might be still valid and so you could tell him to check out the details of the warrenty.

    However, I think there's a lot more to this then meets the eye....


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    #8
    YMCA-KING
    Closed Accounts Posts: 7 ✭YMCA-KING


    cheers


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    #9
    jhegarty
    Registered Users Posts: 6,440 ✭✭✭jhegarty


    YMCA-KING wrote:
    And he said he contacted hte gardai and they said he should take me to small claims court..?


    he can't take you to small claims court, you can only take a business to small claims court... which means he didn't speak the the gardai because they (should) know that...


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    #10
    johnnyrotten
    Registered Users Posts: 3,593 ✭✭✭johnnyrotten


    Tell him to ring his solicitor!


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    #11
    peepsbates
    Closed Accounts Posts: 355 ✭✭peepsbates


    YMCA-KING wrote:
    well, if it was broken when he collected it and saw it working then he wouldn't of bought it?

    It was working and he knows it, I showed him it working........?!

    sounds iffy to me, how is it broke? what happened to it like?


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    #12
    swingking
    Registered Users Posts: 4,258 ✭✭✭swingking


    The seller is not a business therefore consumer law doesn't apply in this case


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    #13
    YMCA-KING
    Closed Accounts Posts: 7 ✭YMCA-KING


    Well.....It was a console with Xtreme flashed onto it.

    But it just 'stopped' working.


    Thanks for all your help guys.


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