vwboy77 Posted July 4, 2010 Report Share Posted July 4, 2010 After some time i decided to upgrade my tank. So i was quite pleased when i found what i was after a rio 240 for sale on trade me at a very good price at a very well known local shop. So i placed my bid which turned ot to be the winning one. Only to recive a email a couple of hours after the auction closed informing me that they had already sold it through the shop and that they couldnt suppy me a tank. At first i was dissapointed that this had happened but what annoyed me more was they didnt even offer any alternative tank at first and when i asked they replyed saying that other people had the same tanks for sale on trade me and i should try and buy that one. So my advise if your buying off trade me from a shop make sure you ask them if they still have it in stock to avoid the same disapointment that i am haveing Quote Link to comment Share on other sites More sharing options...
livingart Posted July 4, 2010 Report Share Posted July 4, 2010 that is disappointing and one of the reasons why we have the trademe ruling on here i think you have some rights in this transaction though Quote Link to comment Share on other sites More sharing options...
Barrie Posted July 4, 2010 Report Share Posted July 4, 2010 one of the TM rules says you must have the item in your possesion Did the auction mention that they were selling elsewhere? If they didnt, they have broken the TM rules and a complaint should be made to TM so that they keep clean in the future Quote Link to comment Share on other sites More sharing options...
bdspider Posted July 4, 2010 Report Share Posted July 4, 2010 Yes, what Barry said. They have broken the TM rules. If they were being cheeky and selling it in the shop too, they should have at least removed their listing before anyone bid on it :roll: Hope you gave them negative feedback! Quote Link to comment Share on other sites More sharing options...
phoenix44 Posted July 4, 2010 Report Share Posted July 4, 2010 http://www.trademe.co.nz/HELP/TOPIC.ASP ... ject_path= They have to source you a replacement tank at the same price within a reasonable amount of time unless they had mentioned that the tank was advertised elsewhere as well. I'd also go ahead and lay a complaint with TM if the store can't address the problem. Quote Link to comment Share on other sites More sharing options...
redracer77 Posted July 4, 2010 Report Share Posted July 4, 2010 That sucks, tell TM or make the shop get you one for the agreed price, even if they have to take a loss it would be better for their reputation. I do know the shop your speaking of and I understand your disappointment. Quote Link to comment Share on other sites More sharing options...
smidey Posted July 5, 2010 Report Share Posted July 5, 2010 is this the auction? Listing #: 299746515 Quote Link to comment Share on other sites More sharing options...
Caryl Posted July 5, 2010 Report Share Posted July 5, 2010 As said, they have broken Trademe rules and you need to complain. Quote Link to comment Share on other sites More sharing options...
ryanjury Posted July 5, 2010 Report Share Posted July 5, 2010 Before complaining I would ring and ask to talk to Bob and point out how unhappy you are and how you feel he has broken rules etc by selling it out from under you and giving him another chance to fix it Quote Link to comment Share on other sites More sharing options...
SamH Posted July 5, 2010 Report Share Posted July 5, 2010 Yeah, definitely give them a call or another email pointing out the TradeMe rules before you get TradeMe involved. Quote Link to comment Share on other sites More sharing options...
Ira Posted July 5, 2010 Report Share Posted July 5, 2010 Definitely violates TM rules. I also think it wouldn't be hard any more expense for them to just get another one for you. Quote Link to comment Share on other sites More sharing options...
Sharkie Posted July 5, 2010 Report Share Posted July 5, 2010 That is totally unfair and i would be kicking up a stink for sure...what store is it? Quote Link to comment Share on other sites More sharing options...
smidey Posted July 5, 2010 Report Share Posted July 5, 2010 Definitely violates TM rules. I also think it wouldn't be hard any more expense for them to just get another one for you. did you check out the auction? Quote Link to comment Share on other sites More sharing options...
Scottie841 Posted July 5, 2010 Report Share Posted July 5, 2010 I would also say it is "false and deceptive conduct" You should tell them that "they have tried to sell you something that does not exist so you will be tempted to buy a more expensive product" this is a direct breach of the fair trading act and has a penalty of $60,000 for an individual & $200,000 for companies. Quote Link to comment Share on other sites More sharing options...
phoenix44 Posted July 5, 2010 Report Share Posted July 5, 2010 It is not "false and deceptive conduct" under the FTA. Product did exist, and its intent was for sale; it just sold by another means. Had the product been listed for after the tank was sold in store, it would be in violation of the FTA. Quote Link to comment Share on other sites More sharing options...
Scottie841 Posted July 5, 2010 Report Share Posted July 5, 2010 It is not "false and deceptive conduct" under the FTA. Product did exist, and its intent was for sale; it just sold by another means. Had the product been listed for after the tank was sold in store, it would be in violation of the FTA. They would need to prove that they did have one of the tanks that was put aside for the TM auction (and not for sale in their shop). If a product it being auctioned then it is deceptive conduct to actively advertise it and sell it by another means. Quote Link to comment Share on other sites More sharing options...
phoenix44 Posted July 5, 2010 Report Share Posted July 5, 2010 1 item can be for sale and advertised for sale in different ways, and that is legal. It's exactly what cash converters does, as do many other stores. They are allowed to auction the tank and have it for sale in store; that changes when the auction reaches reserve and the bid-offer contract is sealed. liability of proof then needs to show that the sale was made before the auction reached reserve. The only thing wrong with what has happened in this case is that they did not specify that the tank was advertised for sale by other means, but being a known retail store it would be assumed that the tank was not only for online sale as it did not specify online special only. Quote Link to comment Share on other sites More sharing options...
livingart Posted July 5, 2010 Report Share Posted July 5, 2010 it should have been withdrawn from trade me as soon as it was sold in store Quote Link to comment Share on other sites More sharing options...
vwboy77 Posted July 5, 2010 Author Report Share Posted July 5, 2010 Well i can say now that after a phone call this afternoon a alternative option was agreed on.Which ment paying a small amount more to cover the frieght of getting another tank from there supplier which is the current model with upgraded filter and in a different colour. Out of this whole deal I understand that mistakes can happen and they didnt remove the auction. But its what happens after and the actions you do to remady the problem that decides weather or not you return to the shop in the future to spend your money with them or chose to go somewhere else. Quote Link to comment Share on other sites More sharing options...
livingart Posted July 5, 2010 Report Share Posted July 5, 2010 well done to both parties involved Quote Link to comment Share on other sites More sharing options...
ryanjury Posted July 5, 2010 Report Share Posted July 5, 2010 Glad to hear a resolution was found sounds like you are getting a good deal and he is keeping a customer I do know of other cases where people have tried to sort these things out, but they have gone and slammed the shop on forums before giving the shop a chance. In return the shop has told them where to go as the slander of the shop without giving them a good chance to fix it was considered to be payment enough. Quote Link to comment Share on other sites More sharing options...
vwboy77 Posted July 5, 2010 Author Report Share Posted July 5, 2010 Glad to hear a resolution was found sounds like you are getting a good deal and he is keeping a customer I do know of other cases where people have tried to sort these things out, but they have gone and slammed the shop on forums before giving the shop a chance. In return the shop has told them where to go as the slander of the shop without giving them a good chance to fix it was considered to be payment enough. Thats why i didnt put a name even though i guess most know who it was. Also its easyer to come to a resolution by making a phone call rather than email. I'm happy to say i will continue to shop there Quote Link to comment Share on other sites More sharing options...
phoenix44 Posted July 5, 2010 Report Share Posted July 5, 2010 Good to know that you are happy with the resolution. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.