Shipping Charges

Ace · Post by **Ace** » Wed Sep 28, 2005 1:45 am

I buy a new tuba. When it arrives, it is dirty, has a big dent, and the tuba and case show signs of previous use. I photograph everything within minutes after delivery and e-mail the photos to the merchant. The merchant delays refunding to my credit card, but finally does. The return shipping charges are paid by the merchant, but not the initial shipping charges when the tuba and case were sent to me. I ordered this instrument as a firm purchase, not as a trial. I think the merchant should refund the shipping charges in this situation because they did not deliver a new horn and case. What say you?

Dylan King · Post by **Dylan King** » Wed Sep 28, 2005 2:28 am

Being that you are from Berkley, I guess you ought to find some sort of discrimination and sue.

TubaRay · Post by **TubaRay** » Wed Sep 28, 2005 8:15 am

I don't believe it should cost you anything.

ThomasDodd · Post by **ThomasDodd** » Wed Sep 28, 2005 11:05 am

The shipper should be refunding the charges to the merchant, an you should get a refund from the merchant. Or another horn/case in proper condition.

Ace · Post by **Ace** » Thu Sep 29, 2005 3:44 pm

MellowSmokeMan wrote:Being that you are from Berkley, I guess you ought to find some sort of discrimination and sue.

Thanks for your thoughtful response. It was very helpful.

BTW, you misspelled Berkeley. (That figures, I guess, since you are from Smogville. Or, maybe it's too much of your "mellow smoke?) Just a little friendly interchange. My best to all you great tuba players in the Southland.

Lew · Post by **Lew** » Thu Sep 29, 2005 4:02 pm

Ace wrote:I buy a new tuba. When it arrives, it is dirty, has a big dent, and the tuba and case show signs of previous use. I photograph everything within minutes after delivery and e-mail the photos to the merchant. The merchant delays refunding to my credit card, but finally does. The return shipping charges are paid by the merchant, but not the initial shipping charges when the tuba and case were sent to me. I ordered this instrument as a firm purchase, not as a trial. I think the merchant should refund the shipping charges in this situation because they did not deliver a new horn and case. What say you?

If the tuba was supposed to be brand new, the merchant should refund every penny that you paid including shipping in both directions. Delivering an obviously used tuba when it was supposed to be new is called fraud, which could be criminally actionable.

Rick Denney · Post by **Rick Denney** » Fri Sep 30, 2005 2:52 pm

Ace wrote:I buy a new tuba. When it arrives, it is dirty, has a big dent, and the tuba and case show signs of previous use. I photograph everything within minutes after delivery and e-mail the photos to the merchant. The merchant delays refunding to my credit card, but finally does. The return shipping charges are paid by the merchant, but not the initial shipping charges when the tuba and case were sent to me. I ordered this instrument as a firm purchase, not as a trial. I think the merchant should refund the shipping charges in this situation because they did not deliver a new horn and case. What say you?

It's the merchant's responsibility to provide to you what you bought, and their responsibility to pursue any shipping damage with the shipper. They have insurance for things like that in cases where the shipper disclaims responsibility, and it is unreasonable for them to expect you to.

All new instruments have likely been demonstrated, but are usually sold as demonstrators if there is any damage to them with an appropriate discount. Selling a damaged instrument as new is indeed fraudulent.

Don't tell us who it was (and thanks for not doing so), because there's no way for readers of a forum to put it in proper perspective or know the whole situation even if we could. But were it me I would buy the replacement instrument from someone else.

Rick "who thinks tubas are hard to ship, but who has no mercy for unscrupulous business practices" Denney

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