Grease_Monkey Posted May 13, 2019 Share personally, I don't see how anybody can buy something without inspecting it first. You're setting yourself up to be shafted. I am not excusing the seller in this case in any way. Just a general observation.I have paid school fees before for not inspecting, but I have had many more good experiences than bad ones. The marketplace rating system has never failed me - when someone has a bunch of reviews saying they are trustworthy it generally is a good indicator. That said, big money items (eg: a bicycle or garmin) I will always inspect first. MTBeer, Me rida my bicycle, Vetplant and 4 others 7 Link to comment Share on other sites More sharing options...
Shebeen Posted May 13, 2019 Share When buying from someone without a pretty extensive record and positive trader ratings, always inspect the goods yourself before deciding whether you want to spend your hard earned money or not. If that means missing out on bargains because they are from elsewhere in the country, then so be it. This oke is from Sandton and his honour is worth R1250 it seems. forthelove seems like a crap name for him.apart from the obvious :FORTHEMONEY what other suggestions can we get from the peanut gallery? Comrade J 1 Link to comment Share on other sites More sharing options...
throttles Posted May 13, 2019 Share OP, could you please clarify the following: Did the seller at any point up to the time of exchanging money note that the goods are sold "as is", or did he just add this little gem with the letter in the shipment? If this was never disclosed prior to the finalisation of the transaction when you paid the money, the it is a useless regulation..... the seller can not just willy nilly make up rules as he wishes without you both agreeing to them!?!? It was in the letter added into the box. he also did not disclose the damage or "Fix" prior to me receiving the items and reading the letter. I did not agree to buying damaged goods if that's what you're asking. He's a knob, hiding somewhere in the corner.. personally, I don't see how anybody can buy something without inspecting it first. You're setting yourself up to be shafted. I am not excusing the seller in this case in any way. Just a general observation. i literally have done easy 50/60 transaction via bikehub. of which i have had 2 bad experiences with sellers. I do the right thing and let others know about bad experiences so they are forewarned. According to the stats available to me, he was active for more than a year, no prior negative rating and posts more than me.. I can forgive a scratch here and there. But trying to mask damage and defaming me to Admin is not on. (which think was a tactic to get me banned and not be able to post this thread. Link to comment Share on other sites More sharing options...
Paulst12 Posted May 13, 2019 Share Well if we are being strictly by the book the buyer doesn't legaly have a foot to stand on as second hand items are always sold "as is", and as such the responsibility of the buyer to inspect the items before purchasing. However.... on Le Hub I think most of us (incl. myself) tend to give sellers the benefit of the doubt and believe the items to be in the condition advertised (something I never do on Gumtree). What the seller did here was quite simply dodgy and dishonest, but legaly he will get away with it. Let's just hope he does the right thing, otherwise the buyer has unfortunately paid expensive school fees.The short answer is "As is" clauses are a thing is SA, but the Consumer Protections act does give you recourse... The effect of the CPA on the sale has been far reaching, and specifically includes the right of a purchaser (who is also deemed to be a consumer under the CPA) to be informed of all the details regarding the property being purchased. Sellers will no longer be able to hide behind the "voetstoots / As" is clause to save themselves from later claims by purchasers, if they were aware of defects in the property.The CPA addresses this issue by an ‘implied warranty of quality’ in respect of each transaction that falls within its ambit. Section 55 of the Act stipulates that a buyer has a right to receive goods that are appropriate to the purpose for which they are bought, and that they should be of good quality, in working order and without defect.This means that it does not matter whether the buyer could see the defect or not, nor whether the seller fraudulently masked the defect. Defects must be expressly disclosed and a general clause that the purchaser accepts the property “as is” will not be acceptable (as long as the sale is subject to the Act). The only way sellers can get past the implied warranty of quality is to describe the condition of the property in specific detail, to make it clear in which condition the property is being sold. The purchaser then has to ‘expressly agree’ to accept the property in its current condition. Tiny K, DJR, Pah Bear and 1 other 4 Link to comment Share on other sites More sharing options...
Raf Posted May 13, 2019 Share Sadly this happens Troll him and bad-tag any/all he's ads if he ever gets to use Bikehub again He will soon get the picture Tiny K, Pure Savage and Vetplant 3 Link to comment Share on other sites More sharing options...
sirmoun10goat Posted May 13, 2019 Share Dear ThrottleWTH respect let’s go through this together and keep it to the facts. You assured me payment was done instantly and must keep the goods for you. You said you would do a instant payment form same bank to same bank. The proof sent to me of payments were not recognized by the bank as legitimate a day later and dither proof two days later. It possible your intention at that time was not to pay me right away I don’t know. I then alerted you to the fact and then on the third day payment was received. I apologies for the bank not recognizing your proof of payment but the fact remains they never seen this type of proof ... The goods are in good condition, before they were packed they were also photographed. Further more I confirmed our discussion and noted the goods are sold as is in the letter with one pictures of the packed goods. There be no further comment and wish you happy riding. This guy can't even string a sentence together...maybe he needs the money to enroll for an English class Robbie Stewart and xamnam 2 Link to comment Share on other sites More sharing options...
Paulst12 Posted May 13, 2019 Share A voetstoots clause included in an offer to purchase will not free the seller from any liability under the contract. The seller has a duty to disclose any latent defects to the purchaser. Where the seller has failed to disclose any defect he/she may be required to refund a portion of the purchase price or even accept cancellation of the entire sale, depending on the nature and/or extent of the defect concealed. Edited May 13, 2019 by Paulst12 Stockman, Skylark and pe3nguin 3 Link to comment Share on other sites More sharing options...
Shebeen Posted May 13, 2019 Share i literally have done easy 50/60 transaction via bikehub. of which i have had 2 bad experiences with sellers. I'm going to be lank harsh here*. You're part of the problem. You've done 50/60 transactions, yet from what I can see have only provided 2 bad ratings and 3 good ones. The hub marketplace needs trader feedback to be done - for all good, average and bad deals.otherwise it is just gumtree with comments. *sorry about that, I can agree with your assessment of this oke being a knob. Wayne pudding Mol, Tiny K, ChrisF and 5 others 8 Link to comment Share on other sites More sharing options...
throttles Posted May 13, 2019 Share I'm going to be lank harsh here*. You're part of the problem. You've done 50/60 transactions, yet from what I can see have only provided 2 bad ratings and 3 good ones. The hub marketplace needs trader feedback to be done - for all good, average and bad deals.otherwise it is just gumtree with comments. *sorry about that, I can agree with your assessment of this oke being a knob. I'll take that i WAS part of the problem. I now do rate. i just cant remember everone i've dealt with over the past. it took one bad experience for me to see the value in rating buyers and sellers which i now do. Vetplant, DJR, OneLove and 2 others 5 Link to comment Share on other sites More sharing options...
Hairy Posted May 13, 2019 Share It was in the letter added into the box. he also did not disclose the damage or "Fix" prior to me receiving the items and reading the letter. I did not agree to buying damaged goods if that's what you're asking. He's a knob, hiding somewhere in the corner.. i literally have done easy 50/60 transaction via bikehub. of which i have had 2 bad experiences with sellers. I do the right thing and let others know about bad experiences so they are forewarned. According to the stats available to me, he was active for more than a year, no prior negative rating and posts more than me.. I can forgive a scratch here and there. But trying to mask damage and defaming me to Admin is not on. (which think was a tactic to get me banned and not be able to post this thread.Thanks, was not assuming you were agreeing to buying damaged goods, was pointing out that the seller comes along after the fact saying that all is sold as is. Good sellers on the hub that may feel that the goods have some damage always clearly show this, or note in their add that all is sold as is....clearly this is not the case with the seller of the goods to you. Link to comment Share on other sites More sharing options...
SwissVan Posted May 13, 2019 Share 50 to 60 transactions on bike hubThat’s an impressive amount ......Running a second hand bike shop? LongDonkey 1 Link to comment Share on other sites More sharing options...
slickjay007 Posted May 13, 2019 Share Seker nog n Hilux ook more than likely an ISUZU Link to comment Share on other sites More sharing options...
Mokgaga'a mmakubela! Posted May 13, 2019 Share FortheloveOFMONEY There fixed the name of the seller Comrade J, Dexter-morgan and pe3nguin 3 Link to comment Share on other sites More sharing options...
throttles Posted May 13, 2019 Share 50 to 60 transactions on bike hubThat’s an impressive amount ......Running a second hand bike shop?Nope, let’s say I’m indecisive but I don’t ward.. SwissVan 1 Link to comment Share on other sites More sharing options...
Hairy Posted May 13, 2019 Share must have gone back to his old trusty hilux after his ford ranger got stolen Seker nog n Hilux ook Link to comment Share on other sites More sharing options...
eddy Posted May 13, 2019 Share The short answer is "As is" clauses are a thing is SA, but the Consumer Protections act does give you recourse... Does the CPA apply in transactions between private individuals or only when the seller acts in the normal scope of his business ? bertusras and AdamA 2 Link to comment Share on other sites More sharing options...
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