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I’m a bit miffed, about an ex-demo m’pce

Two Voices

Senior Member
Messages
1,113
I’m not going to mention any names here.

I’ve never bought a second-hand mouthpiece until the other day. I bought a lovely soprano m’pce from a forum member. It was mint! Just like new! More than happy with it!

Well, yesterday morning I decide to order a Berg Larsen Ebonite 90/2 SMS for my Alto. An ex-demo.

It arrived late this morning. There was so much crud on it that I had to clean it before I could inspect it. I was already peeved as there was no cap with it even though there should have been! Upon cleaning it I noticed several small chips on the tip/baffle (with the table facing me).

I’d imagine superficial marks on the body is to be expected but would have thought that the tip, baffle, rails and table would be undamaged!

I’m sure if I sent it to Morgan Fry he could sort it out for me but it would probably end up costing more than an off the shelf new m’pce.

I’ve emailed the company and awaiting a reply!

Do you think the small chips would affect anything? I’d say the chips were made by putting the lig on and catching the tip, even though I’ve never done that. They are every so tiny but I am very fussy!

I’d like your thoughts please!

I apologise for being grumpy!
 

jonf

Well-Known Member
Messages
3,680
I'd say send it back too, although rather than giving them an earful I'd suggest you calmly explain why it's being returned. It's particularly disgusting to send out a mouthpiece which hasn't been cleaned. Yuck.
 

TomMapfumo

Well-Known Member
Messages
5,219
Hi Paul!

Absolutely agree - very poor indeed, but support the calm explanation strategy........
Kind regards
Tom


I've spoken to Nick Wyver and he advised you to "send the boys 'round" .........:mrcool>:):w00t:;}
 
Last edited by a moderator:

Two Voices

Senior Member
Messages
1,113
Thanks Guys!

I emailed the company earlier this afternoon but still awaiting a response. I guess I won't hear anything until Monday. I was most polite in my email and certain there won't be any problems.

Nice to know everyone else would have done the same and I'm not being pernickety :D
 

kevgermany

ex Landrover Nut
Subscriber
Messages
21,947
Imagine going intot he shop to try out some mouthpieces and being given something like that.... My business would leave with me, instantly.
 

VirusKiller

Member
Messages
449
Distance selling rules apply, which means you are legally entitled to return it for a full refund (except postage) with no questions asked.
 

Targa

Among the pigeons
Subscriber
Messages
8,899
VirusKiller, I don't know which postage you meant but I think you are entitled to the postage you paid for it to be sent and you can 'negotiate' for the cost of return.
 

Pete Thomas

Chief of Stuff
Commercial Supporter
Messages
13,999
Distance selling rules apply, which means you are legally entitled to return it for a full refund (except postage) with no questions asked.
Distance selling rules, ie your statutory rights, are more to do with a "cooling off period", ie changing your mind. This means the item should be returned as new in original unopened packing and you probably won't get compensation for your return postage.

In the case of ex-demo, it's likely there is no unopened (ie sealed) packing so it should be covered anyway.

However the difference here is the return is not under distance selling statutory rights, but under any warrantee the company may have, and if not, then under the trades description "fit for purpose" laws.

As the mouthpiece is damaged and probably NOT "fit for purpose", I would claim for a full refund plus my return postage costs.
 

gladsaxisme

Try Hard Die Hard
Subscriber
Messages
3,409
GLADSAX THE NEGATIVE STRIKES AGAIN

The seller might argue that the mpc is not in the same condition that it was in when posted to you as you have obviously tried to clean it and may have caused said damage yourself:shocked:

Hope this doesn't happen.

All the best...john
 

Two Voices

Senior Member
Messages
1,113
Distance selling rules, ie your statutory rights, are more to do with a "cooling off period", ie changing your mind. This means the item should be returned as new in original unopened packing and you probably won't get compensation for your return postage.

In the case of ex-demo, it's likely there is no unopened (ie sealed) packing so it should be covered anyway.

However the difference here is the return is not under distance selling statutory rights, but under any warrantee the company may have, and if not, then under the trades description "fit for purpose" laws.

As the mouthpiece is damaged and probably NOT "fit for purpose", I would claim for a full refund plus my return postage costs.
That's the way I see it plus their T&C state the same!
 

Two Voices

Senior Member
Messages
1,113
GLADSAX THE NEGATIVE STRIKES AGAIN

The seller might argue that the mpc is not in the same condition that it was in when posted to you as you have obviously tried to clean it and may have caused said damage yourself:shocked:

Hope this doesn't happen.

All the best...john
That is possible but I doubt a reputable dealer would argue like that and risk alienating a good paying customer over a relatively small sum. A saxophone might be a different issue. However, if they did take that line with me then it would be the last penny they got from me and I’d write it off a experience, but I would get the mouthpiece sorted by Morgan as not to lose too much money over it!
 

Two Voices

Senior Member
Messages
1,113
Just to let everyone know. Having spoken to the dealer yesterday they have offered a full refund including postage upon return. I have sent the mouthpiece back to them and awaiting my refund!
 
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