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Online guitar purchase gone bad: What would do in this situation?

Discussion in 'The Sound Hound Lounge' started by smallbutmighty, May 16, 2011.

  1. smallbutmighty

    smallbutmighty Supporting Member

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    So...I bought a new guitar from reputable online retailer.

    Before purchase I asked:

    1. Is the neck big or small?
    2. Is there a return period?

    To which I was told:

    1. Small neck.
    2. 48 hour return period, full refund minus the shipping.

    I received the guitar. The neck was about the same size as a Fender HR62. I consider this big. I played the guitar for about 30 minutes total, and decided it was not for me.

    Here's where it gets interesting.

    I contacted the retailer the day after I received it and told them I would like to return the guitar. They responded that it was a special order and could not be returned. I protested, citing our email conversations as proof that I had been given a 48 hour return window with no "special order" conditions. They agreed to accept the return.

    I wiped down the guitar to remove any fingerprints, checked it over and repacked it exactly as I received it, and shipped it back to them. Once they received it I waited a day to hear from them. I heard nothing, so I contacted them and asked about the status of my refund.

    He responded by claiming there was a ding in the guitar, which was very small. He said he could probably buff it out, but couldn't refund my money until the guitar looked like new. He told me it would be taken car of "today, or tomorrow at the latest."

    I received no further correspondence the rest of the day. The following day came and went with no contact. On the third day I contacted him again, requesting status. He email reply was "call me".

    I did.

    He then told me the ding was fairly big, and that he was doing his best to repair it, but needed more time as he was very busy. He asked if he could have over the weekend, and that he would call me Monday.

    Today is Monday, and as of yet I have hear nothing. What should I do?

    I am 100% sure the guitar left my hands in the same condition I received it in. 100% sure. It was out of its case no more than 30 minutes in my home. I can understand that from his point of view that it doesn't matter whether I did it or UPS did it...he has a guitar that can't be sold as new.

    From my point of view, what complicates things for me is the fact that if he had given me an accurate description of the neck size when I asked I would not have even ordered it in the first place.


    So again....what would you do?
     
  2. Jon C

    Jon C Silver Supporting Member

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    "big" and "small" are subjective, I would have asked for measurements or asked him to tell me what the neck was like: a '58 LP? a 60s Gibson small neck? Otherwise, too vague & open to interpretation. Absent more detail about exactly what you asked and exactly what he said about the neck I don't know I can say he was inaccurate. Who knows what you each mean by "small" and "large"?

    Also would have taken photos before packing and sending back to him to avoid this kind of thing.

    But that's all gone by now, I'm not sure what to do now other than take it up w/ your credit card company if he dawdles, but it's now a "he said-he said" thing re whether it was or was not returned in original condition.

    Good luck.
     
  3. SW33THAND5

    SW33THAND5 Member

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    toilet paper his house
     
  4. smallbutmighty

    smallbutmighty Supporting Member

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    Just FYI, I asked how big the neck was compared to a modern Fender American Standard "C" shape.

    His response was: "The neck is on the small side. Like a 60's Fender small C shape."

    That wouldn't have helped in this situation. Any "dinging" was either already there or happened in shipping, which all ends up being a "he said, she said" scenario anyway.
     
  5. Bobby D

    Bobby D Member

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    credit card transaction?
     
  6. smallbutmighty

    smallbutmighty Supporting Member

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    Good brainstorming...we're not judging here...all ideas are good ideas! :munch

    For the record, I will say that he is being civil and seems to be a decent/fair guy. I'm just frustrated with the situation, and the slow path to resolution.
     
  7. fritferret

    fritferret Member

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    what state was this in? all states have consumer protection laws, some more than others. if this happened in new york, no contest, the dealer will be returning your money. i'd call the and let them know you're more than willing to make this a legal is. the burden on proof is on him to show he's following the law. for example, if he can't prove the ding wasn't there before he shipped the guitar, he can't use that against (saying you dinged the guitar).
     
  8. smallbutmighty

    smallbutmighty Supporting Member

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    Paypal.
     
  9. RocksOff

    RocksOff Member

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  10. Bobby D

    Bobby D Member

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    contact paypal NOW and file a claim.
     
  11. smallbutmighty

    smallbutmighty Supporting Member

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    I took receipt of the guitar in WA state.
     
  12. maccampbells

    maccampbells Member

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    Seems like an awful hard way to test drive a guitar.
     
  13. djg714

    djg714 Member

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    Put a paypal claim. That will get their attention quick.
     
  14. smallbutmighty

    smallbutmighty Supporting Member

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    Yup. I took a big chance on a brand I have no way to try locally, based on reputation alone.

    Won't be doing that ever again.
     
  15. Jon C

    Jon C Silver Supporting Member

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    The neck description matters ... that sounds in accurate given what you describe.

    I don't agree on the latter point, I photograph guits when I get them and when I ship them and if I can show I put an undinged guitar in the case to ship back, that matters (imo).

    Put in a PayPal claim - item not as described ...
     
  16. DaveG

    DaveG Gold Supporting Member

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    :facepalm:facepalm:facepalm
     
  17. fritferret

    fritferret Member

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    what state is the retailer in?
     
  18. coldfingaz

    coldfingaz Member

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    Sure sounds like a retailer I'd like to avoid. Very unfortunate situation... sorry to hear about it & hope it gets worked out to your satisfaction ASAP.
     
  19. Guitar55

    Guitar55 Who was that masked man? Silver Supporting Member

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    This response is just plain silly. The OP has no idea where he lives.

    Toilet paper his online store.
     
  20. partsocaster

    partsocaster Member

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    This.....immediately.
     

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