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Dear Rich Tone,
Regarding order number XXXXX which I returned to you on X date. I believe the instrument was sold to me without disclosing its condition, rendering it not fit for purpose. Therefore I would like you to refund me for the return postage of £XX.
I posted about my experience on a popular UK based guitar forum, and the person you sold the guitar to after I returned it happened to be a member who saw my post and has contradicted your account - he says that after I told you about the unplayably low frets, he enquired with you and was told the frets are in good condition. He also bought it through your website, sight unseen, and not in person as you told me.
On the face of it it looks like you've dishonestly sold the instrument to two unhappy customers without disclosing the condition of the instrument - even when directly asked.
Please reconsider your decision regarding my return postage costs.
Kind Regards,
xxxxxx
Bandcamp
Spotify, Apple et al
No. Never use all of your bullets in your first salvo. If they read that and tell you to bugger off where do you go?
Drip-feed the evidence, if necessary after a series of emails, each one adding to the evidence. It gives them the opportunity to shoot themselves in the foot in writing in response to an earlier email, thereby turning the evidence against them from oral to written.
There shouldn't really be any get out using the "phone for a chat" disclaimer.
If a product is offered for sale, even used, then unless there is included in the description that there are flaws with the product and it is being sold "as is" because of those flaws, then there is a reasonable expectation that the product should be fit for its intended purpose.
If the frets really were that flat then the guitar is not fit for purpose and 1.) it should not be offered for sale without full disclosure - and they're a music shop so it's not like they aren't going to know*, and 2.) the buyer should not have to rely on phone conversations which cannot be corroborated after the fact as part of the description.
Rich Tone should be obligated to accept the return and arrange collection, but since the OP has already arranged return postage they should be refunding that too.
* Highly likely that the condition of the frets was used to negotiate a price with the previous owner when it found its way to Rich Tone in the first place.
There is no 'H' in Aych, you know that don't you? ~ Wife
Turns out there is an H in Haych! ~ Sporky
Bit of trading feedback here.
"Thanks for your email. I’m sorry if we have got this wrong, we aren’t trying to be misleading or dishonest and I will review our processes with all involved.
I have sent the return postage to you via PayPal this morning."As predicted, it looks like incompetence via a typically political response, was the lesser of the evils optics wise.
I hope @RaptorCheeses gets a similar conciliatory response from them. It really should not take a second customer to get stung and its only as RTM have been caught with their pants down, that they have had to actually believe, give credence to, or to act upon the repeated concerns of the first.
Cynically, 99% of the time they'd probably have gotten away with it [insert scooby doo meme] and palmed me/us both off, tit for tat style with no monies refunded - if it wasn't for blind luck on this thread to corroborate the two buyers' experiences, it would just have been either one of the buyer's words, against their own side.
I'll let people make their own minds up on them.
I rather disagree with this (YMMV of course). Better to lay it on thick with the misgivings, in a couteous though assertive way. If they do tell you to, as you say, bugger off, then it'd be time to contact the regulators.
Watch the parking meters
My email to Rich Tone this morning in case anyone is remotely interested:
Hi xxxxxx
Thanks for your reply. Please ensure you read this reply thoroughly, meaning I have been honest with Rich tone in terms of sending this Guitar back as not fit for purpose.
You claim the Guitar was 'deemed fine for resale' and 'sold in the store' the next day. I have since found out by blind luck and sheer chance that this was misleading and was sold online. I know exactly why I was told it sold in the store - to give it's in the flesh condition and 'road worthiness' some credence and to discredit my appraisal upon return. Had it been true, I still would have disagreed strongly and pursued the refunding of the monies for return transit anyway, due to the fact I had evidence of it's condition at the point of return (immediately before I boxed it up).
You can see this thread (which does not make favourable reading for yourselves as you now have not one, but two buyers of this instrument, both of whom have been sequentially misled - me to a lesser extent):
https://www.thefretboard.co.uk/discussion/269542/rich-tone-music#latest
Not only that, it has emerged that after I told you the Guitar had a major issue with the fretwork on not one, but two separate emails, the second buyer himself (I direct messaged him on the forum after learning what I had in the main thread) had enquired about the frets on eBay whereby he was told "the Guitar is 14 years old, has minimal fretwear, and has been played with a light touch".
To provide the second buyer this statement, best case displays a sheer lack of understanding, but more probably was either incompetent or deliberately misleading and shows severe disregard and lack of respect for what I told you about the instrument prior to the return - you knew the reason for return (of which my appraisal came from a position of experience). Someone else now has a headache and potential incurred risk regarding a return, this is unfair.
Any luthier or Guitar Technician would provide an appraisal in line with your two unhappy and misled buyers. This instrument is not in sellable condition, other than if you disclose it needs significant remedials with respect to the frets.
I again ask politely for the refund the £16.20 that I am owed under the online distance selling regulations. I have no idea nor is it my business what the other individual whom is the current keeper of the instrument decides to do, but I sincerely hope he/she is not left out of pocket either.
Regards,
The yard is nothing but a fence, the sun just hurts my eyes...