View Full Version : What's the right thing to do?
Buddah
Feb-20-2005, 8:42pm
So here's the situation: I recently purchased a mandolin off of the Cafe classifieds, unseen (aside from the pic in the ad) and unplayed. In several emails, I got a pretty good vibe from the seller, and so decided to pull the trigger. Anyway, the mandolin arrived as promised, and...I knew immediately that it wasn't what I was looking for. I wasn't crazy about the tone or playability, and the fit and finish just didn't quite do it for me. I emailed the seller right away to let him know that upon "in-hand" inspection, the instrument wasn't what I was looking for, and that I wanted to return the mando (obviously compensating him for any shipping costs). His responses have been rather disappointing, suggesting that I don't know how to judge a mandolin, etc., etc..
We hadn't discussed a trial period, so I'm just wondering how some of you might suggest handling the situation.
Thanks guys, Buddah.
John Flynn
Feb-20-2005, 9:57pm
Well, if you hadn't agreed on a trial period with the seller and the seller is not a dealer with a published return policy, I'd say it's your mandolin now. If you really don't want it, I would put it right back out on the Classifieds and sell it.
jim simpson
Feb-20-2005, 10:04pm
I have to agree with Buddah, if a trial wasn't stated then you should resell it if you don't want to keep it. If I were the seller, I would probably take it back just to keep good will in our community. If the instrument was grossly misrepresented then you could appeal to the seller's conscience but that's about it.
jasona
Feb-20-2005, 11:56pm
Sorry you aren't happy with that mando Buddah. If there was no trial period stated perhaps you might wait a few days and get to know it before selling, in case you are having a case of buyer's remorse, just to be sure you aren't misjudging it. Then again, give how strongly you are reacting that's probably not the case.
Buddah
Feb-21-2005, 4:26am
Yeah, I kind've figured that i'd be stuck with it. Living in Alaska has many advantages (the skiing kicks ###!), but mando tasting aint't one of 'em. I always try to put myself in the buyer's situation when I sell things over the internet, but it can't always go both ways.
The mando is actually pretty nice. I guess that I'm spoiled by the A5-L that I've got. Anyway, we'll see how it shakes out. Thanks for the replys. Buddah
PlayerOf8
Feb-21-2005, 5:48am
You much have purchased it from a banjo player. Mandolin players don't usually act that way. What a shame.
GM
cutbait2
Feb-21-2005, 11:17am
the "24 right of refusale" is fairly well established MC operating procedure. if the seller is a regular then he or she knows this and is attempting to take advantage of your oversight. especially if the mando doesn't live up to the hype. buyers remorse or whatever is something sellers have to deal with to make the system work. in my search for "the one" i've bought and sold at least a dozen mando's over the cafe over a several year time frame. i've not returned one, but the same buyer (a well known dealer) returned two of mine and another person suffered buyers remorse and i returned his uncashed check. if you don't know you can pm me and i'll tell you if the seller is one of the dealers who circle the cafe like sharks......or you can just publish their name and we'll handle it for you.
Professor PT
Feb-21-2005, 11:24am
Hmmmm...I'd have to disagree. I wouldn't assume any such policy on returns. Each ad has different terms, as it should be. I just recently sold a mandolin, and I didn't have any such policy( and no, it wasn't the one sent to Alaska! ).
acousticphd
Feb-21-2005, 11:53am
Unfortunately, I also agree - if you exchanged some emails beforehand, that would have been the best time to ask about the trial period. I think it is safe to say most Cafe buyers and sellers expect that, but it shouldn't go without saying.
I have had initially lukewarm reactions to several mandolins I've bought, that after a period of time I loved and would probably never sell; I hope you'll will find your new one grows on you.
mmukav
Feb-21-2005, 12:23pm
Gotta go with the rest here, Buddah, a trial period should have been discussed. Whether you're a regular on this board or not, it's a business transaction. Details of which should always be discussed prior to sale.
I recently sold a mando on the classifieds here, we had all details taken care of, including a 48 hour trial period, and all went smooth. Luckily, there was no hesitation on the buyers part when it arrived, he loved it.
That's the other part. Sellers need to be as accurate as possible when describing instruments, and you'd better be honest. The buyers on this site are very well educated, or can find out information about an instrument or a problem with one fairly quickly.
It would be fair for the seller to at least consider having you return it, since you're not happy with it. But if you didn't discuss that, you're kind of s#*?wed............ #http://www.mandolincafe.net/iB_html/non-cgi/emoticons/sad.gif
Gibsonman
Feb-21-2005, 12:56pm
Here,s one for you. I bought a mandolin on e-bay approx. 2 weeks ago. Sent a bank ck. to the seller. He received the ck., but then told me that when he was packing it dropped it and broke the headstock, and sent my ck. back. WHO KNOWS
cutbait2
Feb-21-2005, 1:16pm
i agree that it might have been simpler if the buyer had worked out a return policy but another way of looking at it is that the seller described ("warranted") a certain product and the buyer delivered the dollars then on receipt found the delivered item to be not what was described i would say that the terms of the contract have not been met. the 24 or 48 hr supposedly gives the buyer time to see if they like it. if its not as described (which is what Buddah's implying) that's something different.
mpeknox
Feb-21-2005, 2:36pm
the "24 right of refusale" is fairly well established MC operating procedure.
Mmmm...not that I've ever known. That's definitely something that should be agreed on between the parties before any money changes hands. I'd hate to see somebody that bought a mandolin from me be dissatisfied but if they didn't agree on an approval period, I don't really think the seller has done anything wrong as long as the mandolin was as described.
Flowerpot
Feb-21-2005, 2:54pm
I had never heard of a MC 24-hour right of refusal either.
My opinion: I would think that the seller is responsible to deliver the correct make and model in the condition described. Everything else, such as tone and workmanship, is subjective and can't be measured. If somebody delivers the wrong mandolin (not the one in the pics), or failed to disclose a blemish or flaw, then you've got good reason to request a return.
But if a trial period had not been explicitly discussed, I'd say it's yours now.
I did an even trade - My Pricetone for an ' Old Era " Capek, and when the " Capek arrived I was bummed big
time , as the tone was , well , lets leave it at that.
We didn't talk about a trial period , so I bit the bullet and sold the Capek..
What!? #You guys didn't even talk on the phone??
Hint (from a guy who does the internet dating thing): Emails do not transmit vibe.