Ok I have a question, that I would like answered....please
I am a collector of WW2 memorabilia, focusing of the "German" side from 1933-1945. A lot of this stuff, is heavily faked.
I decided to start a website to sell my collection of 30 years, and it has been going quite well. However 2 years and 4 months ago, I sold a belt buckle to a guy in Scotland. He took it to a dealer in Scotland to get it verified, and was told that it was "ok" Now nearly 2 and a half years later, he asked me if i wanted to buy it back, i said that I didn't and he has gone to the sheriffs court in Scotland to put a small claims in against me because.he says.....its a fake!
My question is.....................Is this covered by the distance selling act, or the sale of 2nd hand goods act? I understand that he may have up to 7 years to request a refund? My website states that the guarantee period is for 7 days, copy below.......... Am I legal in this statement? At no time has the customer requested a refund, and he will not tell me who has told him it is fake (which i still don't believe it is) Surely it is up to him to prove this? and how do you prove beyond all reasonable doubt that it is wrong? Am I legally resonsible to give a refund? and if so on what grounds? This hobby is based on opinions, Its not black and white, there are plenty of Grey areas..........
And are the laws different in Scotland to the UK? Sorry its a long one
Below a copy of my guarantee Thanks in anticipation
John
All items advertised on this web site are of original period manufacture unless stated otherwise. We offer a money back guarantee on all of the goods supplied subject to the terms listed below.
1. Should you have any reason to dispute the description of any item purchased, you should contact us by e mail within 7 days of receipt of the goods. The item can then be returned to us, provided that it is in the condition as sent, for a full refund of the purchase price. If an item is not notified to us within this time, it will be considered as being sold. We regret that return postage costs are not refundable
2. This refund offer does not apply to any goods purchased in error (including errors in translation of the text of this web site to another language), on the behalf of a third party, nor to goods that have been damaged, disassembled or tampered with after purchase.
3. Printed matter (books, manuals, paperwork, magazines, etc) are supplied as described and are not returnable
4. We supply items for collector's, display purposes only & such items are not intended for actual wear or use. We do not guarantee the fitting of any clothing, footwear or headgear, nor their suitability for being worn.
5. The responsibility lies with the customer to ensure that any goods ordered are allowed to be imported into your country. If an item has to be returned because it cannot be imported to your country, we can offer other goods to the same value in exchange, less any return postage & import costs incurred by us, but are unable to give a refund.
I am a collector of WW2 memorabilia, focusing of the "German" side from 1933-1945. A lot of this stuff, is heavily faked.
I decided to start a website to sell my collection of 30 years, and it has been going quite well. However 2 years and 4 months ago, I sold a belt buckle to a guy in Scotland. He took it to a dealer in Scotland to get it verified, and was told that it was "ok" Now nearly 2 and a half years later, he asked me if i wanted to buy it back, i said that I didn't and he has gone to the sheriffs court in Scotland to put a small claims in against me because.he says.....its a fake!
My question is.....................Is this covered by the distance selling act, or the sale of 2nd hand goods act? I understand that he may have up to 7 years to request a refund? My website states that the guarantee period is for 7 days, copy below.......... Am I legal in this statement? At no time has the customer requested a refund, and he will not tell me who has told him it is fake (which i still don't believe it is) Surely it is up to him to prove this? and how do you prove beyond all reasonable doubt that it is wrong? Am I legally resonsible to give a refund? and if so on what grounds? This hobby is based on opinions, Its not black and white, there are plenty of Grey areas..........
And are the laws different in Scotland to the UK? Sorry its a long one
Below a copy of my guarantee Thanks in anticipation
John
All items advertised on this web site are of original period manufacture unless stated otherwise. We offer a money back guarantee on all of the goods supplied subject to the terms listed below.
1. Should you have any reason to dispute the description of any item purchased, you should contact us by e mail within 7 days of receipt of the goods. The item can then be returned to us, provided that it is in the condition as sent, for a full refund of the purchase price. If an item is not notified to us within this time, it will be considered as being sold. We regret that return postage costs are not refundable
2. This refund offer does not apply to any goods purchased in error (including errors in translation of the text of this web site to another language), on the behalf of a third party, nor to goods that have been damaged, disassembled or tampered with after purchase.
3. Printed matter (books, manuals, paperwork, magazines, etc) are supplied as described and are not returnable
4. We supply items for collector's, display purposes only & such items are not intended for actual wear or use. We do not guarantee the fitting of any clothing, footwear or headgear, nor their suitability for being worn.
5. The responsibility lies with the customer to ensure that any goods ordered are allowed to be imported into your country. If an item has to be returned because it cannot be imported to your country, we can offer other goods to the same value in exchange, less any return postage & import costs incurred by us, but are unable to give a refund.
