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Old 28th May 2016, 06:28 AM
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Darron Darron is offline
Reformed Bandit
Join Date: Aug 2015
Member of: Millride FTC
Location: Brownhills West Midlands
Posts: 555

Originally Posted by Mally106 View Post
Can I ask the forum members

If you posted a scope that you know was fully functional when you packed it up and posted out to the buyer and you stated in the post that it is sent at buyers risk and this problem happens what would you do???
Hi Stuart, I brought my Leup from you F2F and with no problems. I think posting scopes is risky at best.

From a purely legal point of view (as would be instructed in a small claims court) postage at buyers risk is not a recognised legal definition in uk trading law. When you sell goods the onus is on the seller to ensure that the goods are received as described. This is why if you sell on eBay and the buyer claims the goods never arrived the seller looses the goods and the money.

If you are a seller YOU must insure YOUR goods for YOUR loss. A legal transaction is not that until the goods have been received, as described and then paid for that is when title of the goods changes hands. I'm afraid legally Stu the scope is still yours.

Please don't think I'm taking sides I'm just giving a legal position
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