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I bought a treeless Easytrek saddle about 2 weeks ago which was too big for my horse so I sold it on with the same wording as the ad I bought it from.
The buyer is now telling me that the saddle is not an original but a reproduction which I was not aware of when buying as I have never dealt with Easytrek saddles. She now wants a refund and has opened a dispute. I have contacted the seller I bought it from and she basically does not want to know and I opened a dispute with her.
Am I right in understanding Sale of Goods Act Section 13 that as a private seller I have sold the item as per description as an Easytrek saddle (was stamped on flap) with 16in seat in nearly new condition, that I, as a private seller am not obliged to give a refund? I have a screenshot of the original ad (bought through facebook) but have stupidly deleted the conversation.
I really hate not being able to give a refund as the money went towards vet bills and new saddle and I have no cash to spare.
What would you guys advise?
Thanks so much for your post. I would like to break your questions down into two sections.
1. You opening a case against the seller you purchased the item from.
If you have opened a case against your seller stating that the item you received was significantly not as described you may be asked to return the item for a refund. As you no longer have the item in your possession this would not be possible for you and the case may go against you.
2. Your buyer opening a case against you.
If you sell an item you need to be sure what you are selling is genuine and that the description you put it accurate. If a buyer receives something that they feel is significantly not as described then they can open a dispute and request a refund. If this is accepted they will be requested to return the item. Once you receive your item back a refund will be issued.
I hope this helps answer your questions,