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What should I do?


GysMalan44

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Posted

OP gone quiet........................ now how does one interpret that?

 

they are hopefully discussing it in private as they should.

Posted

I am the seller.

 

I find all of this a ridiculous version of events.

 

To begin with, I used the wheelset right up to the time of the sale, selling them only to upgrade to a wider rims(the mavics are 19mm internal). Why would I sell unrideable wheels, that just doesn’t make sense.

 

So Gys’ dissatisfaction was surprising, I thought it was a case of buyers remorse or that he damaged the wheels himself.  I was not willing to take the risk of blindly shipping the wheels back returning the payment after his threats.

 

In fact I am quite sick of being sworn at and harassed. Here is an extract of the email that I sent to him that should provide some context into the matter.

 

I sold the wheels to you in good faith and in working condition. All representations made regarding the wheels were clear and open. I have been using the wheels in the same condition for many months and they are by no measure unrideable.

 

You must realise that you bought second hand wheels, the price advertised was at R 5000.00 a price that takes into consideration the condition of the wheels. I was clear to you about the dent on the back wheel, I pointed it out to you. You clearly acknowledged this as you then offered a reduced price of R4500.00 on account of the dent, after having inspected the wheel thoroughly. I then accepted your offer.

 

No false representations were made regarding the wheels. My local bike shop confirms that the wheels were true and the dent was not significant enough to warrant a replacement of the rim. I can confirm this as I happily used the wheels in the same condition for months, they are nowhere near falling apart and certainly serve their function adequately. If you are not satisfied with the wheels based on their condition that you were fully aware of, it would be a non-material mistake on your part.

 

If you purchased a new set of Mavic Crossmax ST wheels, for which the lowest price I can find is R12 900. Then you would have reason to expect every aspect of the wheels to be in perfect and new condition. However you bought second hand wheels for a third of their new value, a price which you agreed on based on the condition of wheels. “

 

 

http://replygif.net/i/893.gif

Posted

If you're really set on getting your money back, you can take him to the small claims court. It's all free and you represent yourself. You'll still need to make your case and if you don't have documentation proving your claim and it's your word against his, you're going to have a difficult time proving anything.

 

For the amount of money you're talking about, in my opinion, it's not worth the effort.

 

Edit: just read avalanx's response. looks like you don't have much of a case...

  • 2 months later...
Posted

Hi Guys

 

Thanks to everyone's response.  Sorry I've been offline for quite some time.

 

No my LBS definitely did not see a opportunity to make money of it as we have a long history. Both of them have qualified wheel builders, and I eventually took the rear wheel to get a 3rd opinion, and guess what.....exactly the same response.

 

As I originally stated, the seller made it crystal clear to me that the visible dent has NO effect on the wheel.  @avalanx I have spent R3 000 to get the entire wheel re-built by Louis Brestler Knipe, new crosmax hoop from Mavic and complete build.

 

Anyone here is welcome to phone Louis Knipe from Knipe Racing to get clarity as to the condition the wheel was in.  

I suspect the seller was using the wheel right up to the sale to get his backside massaged if you ask me.

 

And BTW dude if you want to be sworn at and harassed pleas come visit me, then we'll talk again.

Posted

Plus, Gys has already replaced the damaged rim, so the deal is done anyway and no backsies now.

 

Much less hassle @ditypot.

anyone buying from @avalanx just be warned! 

Posted

Mavic Crossmax SL are a lightweight wheel set (weighing 1520g). wheels this light usually have a weight limit. (90kg) are are XC specific.

 

I have a set of 26" Mavic 819 (UST) wheels - best wheel set i ever had! The other day was topping up the slime and was trying to reseat the tyre. Pumped it up to 5bar and forgot to deflate the tyre. Put the bike in the driveway (in the sun)  ready to go for a ride later. 30 minutes later I heard a 'BOOM'  ( NOTE that from the time of fitting the tyre to the BOOM the wheel had not been ridden). The sun heated the tyre thus increasing the pressure and popped the tyre off the rim. In the process the 'Boom' ripped a corroded nipple cup out the rim. damaging the rim and the braking the nipple cup. The the nipple cup is inside the rim and I was not aware of the corrosion.

 

Point is: 30 min before this the wheels were "2nd hand but in perfect working condition"

 

There are a lot of factors not mentioned:

who fitted your tyres, was soap used to seat them, what pressure were they pumped to to seat them, did it seat the first time, what tyre pressure did you ride them at, how much do you weigh, was the axle tightened correctly, was it put in the frame straight, did you ramp off any pavement on your 1st ride.

 

Any of these could result in the wheel failure and are completely out of the sellers hand (and responsibility).

 

If I sold my Mavic 819 to someone and before him even ridden them the got busted would i refund him... Hell No!!!!  I sold a "2nd hand wheel set in perfect working condition, that served me well for 5 years"

 

So Gys paid R7500 for a set of Crossmax SL, that's still a good deal but not the bargain he was hopping for. #Schoolfees,

Posted

As far as I can remember from Comm Law:

 

Offer + Acceptance = Agreement/Contract

Offer + Counter-Offer + Acceptance = Agreement/Contract

 

The latter is what occurred in this instance. Contact Concluded.

 

Fact is, when buying used goods there is ALWAYS an element of risk associated. If we win, we high five and boast to our mates, If we lose, we cry and moan act like vicims.

 

Strange bunch we are.

Posted

As far as I can remember from Comm Law:

 

Offer + Acceptance = Agreement/Contract

Offer + Counter-Offer + Acceptance = Agreement/Contract

 

The latter is what occurred in this instance. Contact Concluded.

 

Fact is, when buying used goods there is ALWAYS an element of risk associated. If we win, we high five and boast to our mates, If we lose, we cry and moan act like vicims.

 

Strange bunch we are.

 

I often buy second hand.

 

My philosophy:  Always trust the other guy.  If he knowingly try to "scam" / rip me off, yes, I will lose out, but I am sure he will pay a much bigger price in the long run if that is his attitude to life...

 

Yes, I have been on the wrong end of one or two deals, but it is not the end of the world.  ( I once bought a fake Samsung phone being passed as the real deal - had to throw it away... ).

 

But 95% of the time I was happy that we had a fair deal.

Posted

I often buy second hand.

 

My philosophy:  Always trust the other guy.  If he knowingly try to "scam" / rip me off, yes, I will lose out, but I am sure he will pay a much bigger price in the long run if that is his attitude to life...

 

Yes, I have been on the wrong end of one or two deals, but it is not the end of the world.  ( I once bought a fake Samsung phone being passed as the real deal - had to throw it away... ).

 

But 95% of the time I was happy that we had a fair deal.

I have done the same, I generally like to look at a sellers ratings though. If they have no ratings and I know who they are on the hub then its fine too.

One post wonders selling something can be a hit and miss affair.

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