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Posted
8 minutes ago, Mountain Bru said:

You seem to be a knowledgeable lawyer type person, so can you answer some other questions on this matter....

1. Does a whatsapp chat really constitute a legal contract? Or a bikehub messanger chat? Or an email? What about saying something on a forum? My greatness. Why do we bother signing things?Ā 

2. This is all written from the perspective of the buyer not being able to buy something he's "contractually" entitled to. Do the same rules apply in reverse? Like if someone says they'll take something, and then changes their mind, can I demand that they pay me and take them to court?Ā 

3. Howcome Takealot can cancel my order AFTER I've paid and refund me the money if they decide not to sell something to me, but on bikehub, you can be taken to court, or worse -Ā teased on forums - if you do the same? Seems like a double standard.Ā 

1. Yes. Even a verbal agreement constitutes a legal contract. We bother signing things avoid litigious disagreement down the line.

2. Yes. In that case suing for specific performance would be possible. If it's the other way around (bike has been sold to someone else), there is an impossibility of performance because the bike is no longer in existance.

3. Because by placing your order you agree (perhaps tacitly if you don't actually bother to read them) to Takealot's terms and conditions which gives them the right to cancel your order for a variety of reasons.

Ā 

(not a legal expert, this is from my recollection of a semester or two of construction contract law, so it might all be incorrect)

Posted

Okes, let's leave the legalities alone and help Nico find a bike? That seems way more constructive than simulated what ifs AND it shows him that the community is beneficial and still exists.

Some good deals being thrown around so far and hopefully, like Thermo, someone can step in and assist.

Nico, that Commencal is properly rad and in your budget. Have you enquired?

Posted
42 minutes ago, Mountain Bru said:

Nope, thats not the way the rating system works (or is supposed to work). You have to actually buy something or sell something in order to rate someone. If one party backs out and nothing has changed hands, you shouldn't rate each other according to the "rules of the rating system".Ā 

I'm probably wrong, but I've rated sellers accordingly when they back out of a deal that's been concluded in principle. My point of view is that it should be allowed, but I see your point.Ā 

Posted
1 hour ago, Jewbacca said:

Okes, let's leave the legalities alone and help Nico find a bike? That seems way more constructive than simulated what ifs AND it shows him that the community is beneficial and still exists.

Some good deals being thrown around so far and hopefully, like Thermo, someone can step in and assist.

Nico, that Commencal is properly rad and in your budget. Have you enquired?

Thanks, appreciate the gesture and the engagement in good faith, as much fun as teasing strangers on the internet is. I did have a look at it - might be a bit too much travel for my requirements at this stage, with 160mm, but it's hot.Ā 

Posted
On 7/12/2021 at 10:44 AM, Jewbacca said:

Walk away for a while dude. You are just angry.Ā 

The phrase 'corona fatigue' can be inserted to describe a general tendency to be snappy, short fused and frustrated with the multitude of issues the pandemic has thrown at us. Not least of all the way people treat each other.

Take a break, get a different perspective and try again.

No amount of rules or anger is going to change the fact that people are all behaving strangely.

I keep getting work calls at 9 at night, clients have started pestering me at all hours, boundaries seem to be a forgotten commodity and patience is almost non existant.

If you take a step back you will see this is endemic in all parts of society at the moment. Accepting it and doing your best to not ad to it is the 1st step in being less angry at everything.Ā 

Having something to direct the anger at is one thing, but having less anger to direct is better

THIS ^^^^

In fact, I call it "Covid brain". A lot of people's brains are literally short-circuiting. We see it on a daily basis. The amount of s#@t people are stirring boggles the mind. Mental health at an all-time low! It's scary out there. Take a breath and walk away, better, go for a lekka ride (hopefully you have a bike), smell nature and reset. Works every time

Posted
7 hours ago, ACE Cycles said:

I'm probably wrong, but I've rated sellers accordingly when they back out of a deal that's been concluded in principle. My point of view is that it should be allowed, but I see your point.Ā 

If you have a look at the terms of use here:Ā https://forum.bikehub.co.za/docs/terms_of_use/

It says this:
"Ratings and feedback should only be submitted in the event that an agreement to transact was made. We reserve the right to remove feedback which relates to negotiations or communications where there was no agreement and/or a transaction did not take place."

I guess there's a few grey areas depending on how you understand things, so maybe we're both right, or both wrong.Ā ????ā€ā™‚ļø

If replying "yes" to a message saying "Can I buy your bicycle" constitutes an "agreement to transact", then you can rate the guy according to the terms of service (and also take them to court if they don't buy your bicycle apparently).

But then it says that you can't rate people where "there was no agreement and/or a transaction did not take place", which maybe contradicts the the first sentence.Ā ????ā€ā™‚ļøĀ Ā If there was an agreement, but no transaction took place, then bikehub can remove the feedback? If you remove the "and/or" from the 2nd sentence and replace it with just "or" (which I think is a valid thing to do in the context), it seems the admins will remove feedback where there was no agreement OR if aĀ transaction did not take place. I dunno. Can the team of legal experts please advice.Ā 

But it's clear you shouldn't be rating people because they were rude in a message or you didn't like their tone or they asked if they could look at something and never pitched. Or if the kangaroo court was in session on a thread where someone was airing their grievances, and then everyone on the thread decided to give someone a bad rating asĀ judgement for being a chop (which has happened, but I think people saw the light and deleted their feedback if I remember correctly)

Ā 

Posted
1 hour ago, Robbie Stewart said:

With all the drama the nation is facing at present, and people still find the energy to bitch about stupid things. The mind boggles.

And then there is Cois, and everything he is facing.

Get some perspective for a change.

I agree, we should all only care about the things you decide are important to care about! Please send a list so I can use my energy in the appropriate manner.

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