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i recently bought a used set of vis vspec coilovers off of this site from bluelight. he said he was selling them for a friend because he didn't like the ride. after i got the coilovers, i took them to a shop to get them installed. the shop then found out the coilovers are not for this car because the large spring was not large enough to fit properly. they told me the person who had these before used the stock black bump stops on top of the small tops that come with the set to fill the gap, you can tell by the markings on the small tops. he then told me the front coilovers will move and go out of place once you go over a bump and cause problems. he also told me the coilovers were made for the 1996-2000 civic. i then paid the shop $100 for the labor, because they still had put my other springs back and basicly wasted my money. last night i talked to bluelights friend and he refused to give my money back and said they do fit. this morning i called vis and they comfirmed that the set was not for the 01 civic. the numbers on the springs did not match up. what should i do now to get my money back? i already contacted paypal and they are investigating.

 
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Small claims court if you really want to. They can easily settle this dispute, he sold you something that really wasn't what he told you.

E.I. He said the springs were for a 2001 civic and in reality they were for a 1996-2000 civic. You can not do this, and if you take him to small claims court you can easily win against him.

Joe

 
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Well, you won't get the $100 for the labor you paid for the shop. But, if the actual item was advertised as being compatible with your vehicle, and you RELIED upon that information to be accurate to make the purchase, then that would constitute fraud, civil and possibly criminal. In legal terms, fraud involves a material misstatement of fact relied upon to the detriment of the purchaser. In this case, the misstatement of fact could be that the item was advertised to work on your car. If that was the case, you might be able to get a refund.

 
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thank you JDog2001CivicEX for telling me that. that might be the only option i have right now

 
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the seller keeps saying that the site says "buy and sell at your own risk", but doesn't that only mean the site is not responsible for anything?

heres a link to the thred where he was selling them
link

 
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Yes that means that the site is not responsible for anything.
If an individual seller informs you that this is exactly what you are buying and he guarntees you that it will work then he has to be held up to that guarntee.

If not then go to court, it may be the only way to get your money back for the springs, and you might be able to get your money back(from the seller) for the fees that you had to pay the shop in order to find out the springs weren't made for your car.

Joe

 
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i say you find out where he lives and go kick his a$$, forget the court... [IMG]i/expressions/face-icon-small-wink.gif[/IMG]

 
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Also in that thread it doesn't say anything about them being for a 2001 civic, but he can edit the thread as many times as he wants Maybe he told u in a private message or email, but you better have documentation of that.

 
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Oftentimes, "buy at your own risk" isn't worth the paper it's written on, but it all depends on the particular situation. If you were explicitly informed that the item would work on your car and can prove it, then you might be able to establish fraud.

 
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You have to have proof of what he said. People should always print out what they are purchasing. But you would think that someone here is for real and not trying to rip people off.

 
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There's a couple of things you should be aware of and do.

First off, buy/sell at your own risk means that this website is not liable for any fraud or misdealings that may happen between two parties. The responsibility of selling a product as advertised is still upon the seller.

Even though he does not say that it is for our civic, there is circumstancial evidence that it is for our civic:

1) The setting for which this product is sold. This site is called 7thgencivic.com, a site specifically directed toward 01-02 Civics. The logical conclusion is that any product sold here would be for the 7th gen.

2) He did not specify that it was not for our civic. By selling a product in a website dedicated to the 7th gen civic, it is implied that it is for our civic.

Go to small claims court and ask for the amount you paid for plus the $100 labor cost. But don't ask for anything more than that. Even though there is a possibility that they won't grant the $100, they might, so it does not hurt your testimony in trying.

Also, print the whole forum post thread and save it. If he can still edit the thread then he can insert "6th gen civic" into the message. Have some moderators be a witness to the content of that thread that it doesn't specify 6th gen.

Save all e-mails and correspondence you had with the person.

Hope this helps, and best of luck.

-Aki

 
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i have all the emails he sent me and the pm's and in them he says its for this car

 
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The you've got him. Just because he says "Buy at your own risk," doesn't mean he can advertise something for sale, and then send you a pink stuffed bunny instead, and call it even. Go get him, he's trying to screw you over [IMG]i/expressions/face-icon-small-mad.gif[/IMG] .

 
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You should win the case without a problem if you have correspondences that say its for this car.
You should be able to get the $100 too. Spending $100 on labor was the direct consequence of being frauded on the springs. If they were real springs as he stated, additional labor wouldn've been charged for putting original springs back on. If you knew they were 6th gen coilovers. you would've taken it to a shop to begin with.

The defendant's defense is pretty weak, he's relying on the website making the claim "buy/sell at own risk". However this is referring to the liability of the website, not the liability of what the seller sells. The deal was completed outside the jurisdiction of the forums- that is, the forum is not a direct moderator in sales. From my understanding you finalized the deal over PM's and e-mails. The seller is liable for what he stated in his e-mails and PM's, because the deal was finalized based on the information presented in them.

Fraud sucks. The lies some people say [IMG]i/expressions/face-icon-small-disgusted.gif[/IMG]

-Aki