Piss poor for a retail shop to do this - reputation is everything in retail and not fixing this oversight/misrepresentation will cost them in the end (assuming we find out who it is).
A board with a repair is not in "excellent' condition no matter how good the repair is. The repair should have also been mentioned in the advert. A buyer needs to have all the info they can to make an informed decision on what they are buying when it is sight unseen. I think I would be pissed off if I were in your shoes Sputnik11
Just return the board, don't stress about it. They said they didn't notice the repair, that's fine, but ignorance is not an excuse, they are legally obliged to either reimburse you or take the board back. I bought some leather sofas from Freedom 5 years ago and the leather started peeling off them recently, basically what they sold me was bi-cast leather yet it was falsely advertised as leather so I got a $3500 store credit and also got to keep the sofas. As a consumer you are reasonably well protected.
Select to expand quotejusavina said..
Last time, the doc said I was in "excellent condition".I hope it's true...
...and have you ever broken your nose and had it repaired? If so, I would taking your doc to task about him giving you a misleading health assessment!
As a consumer, you have rights. You have not been supplied a product as advertised.
If you don't want the board, demand a refund and tell the retailer the board is ready for them to arrange pickup.
If you want to keep the board, negotiate a discount for the misleading advise of it's condition.
If you are unable to negotiate an agreeable outcome, then share the name of the retailer with the forum.
You need to decide and take appropriate action now.
Yeah what John340 said.
Australian consumer laws state "All products must be safe, durable, free from defects, fit for purpose, acceptable in appearance, match its description and match any sample or demonstration model."
The board you purchased does not fit in with what is outlined in the Australian consumer law.
When you think about it a board can be bought and sold many times before it becomes useful only as wall decoration so the windsurfing market consists of this visible iceberg proportioned tip of new board sales and then this mass of second hand purchases. Its not surprising that most of the angst is created in the second hand market.
If you are going to start freighting boards around the country you want to be sure it is worth while. Do your research as you are paying the freight and be aware that when you sign for freight you are agreeing that it has been delivered in good condition.
As for the definition of excellent......
very good, superb, outstanding, magnificent, of high quality, of the highest quality, of the highest standard, exceptional, marvellous, wonderful, sublime, perfect, eminent, pre-eminent, matchless, peerless, supreme, first-rate, first-class, superior, superlative, splendid, admirable, worthy, sterling, fine
......there does not seem to be much argument except on the Simpsons.....
Oh dear! I agree with all of this but recently advertised a board that may be the one exception to the rule. Otherwise ill change it. This being a f2 lighting the is still fully functional and at original weight but it even the best german engineering and equipment needs maintenance. I guess I was putting this description relative to its age and what it would compare to.
I've received the info about this, and I'm thankful that folks have been respectful enough to not "Name & Shame".
The business has been around long enough to prove itself as a long-lasting & honest operation.
Hopefully, it's just a misunderstanding/mistake (I know I make them, and maybe you do too?).
And .. from history .. if you do abuse a business, there will be many customers who have had successful dealings with the store who will come out in it's defence, and before you know it .. a flame war .. people start to dislike each other .. abusing shops has never had a good outcome for anybody - customer, fans, or the business.
Best solution is as suggested : deal privately with the shop & civily negotiate. Remain cool & keep and focus on a successful & fair outcome for all as the destination. If you're losing sleep over it, then time to back away & regroup.
And if all that is unsuccessful, then go down legal avenues ...
Thanks for stepping in Laurie and you're absolutely correct with your comments.
It would be good however to have a few boxes that need to be ticked when items are sold so as to prevent sellers from taking a subjective approach when describing the quality of what they are selling. An example would be to have boxes to tick to say that the board is either New, as New, excellent, good, average or poor quality. Each box would then have an indication of what to expect if that box was ticked (if you ticked excellent it would indicate that the board was in excellent condition with no repairs).
In this current situation we have an issue where each party could put up an argument that the board is in excellent condition (as Barn's post indicated, there are people out there who would look at that and say that the board is in excellent condition). By putting some clarity around what the expectation is there will be far less opportunity for this to happen in the future.
Select to expand quoteCambodge said..jusavina said..
Last time, the doc said I was in "excellent condition".I hope it's true...
...and have you ever broken your nose and had it repaired? If so, I would taking your doc to task about him giving you a misleading health assessment!
I actually have 
and was professionally repaired at that time.
I wish I was still under warranty though...
Select to expand quotelaurie said..
I've received the info about this, and I'm thankful that folks have been respectful enough to not "Name & Shame".
The business has been around long enough to prove itself as a long-lasting & honest operation.
Hopefully, it's just a misunderstanding/mistake (I know I make them, and maybe you do too?).
And .. from history .. if you do abuse a business, there will be many customers who have had successful dealings with the store who will come out in it's defence, and before you know it .. a flame war .. people start to dislike each other .. abusing shops has never had a good outcome for anybody - customer, fans, or the business.
Best solution is as suggested : deal privately with the shop & civily negotiate. Remain cool & keep and focus on a successful & fair outcome for all as the destination. If you're losing sleep over it, then time to back away & regroup.
And if all that is unsuccessful, then go down legal avenues ...
personally, i think this is piss weak, so what was the innocent mistake the shop made, to accidentally not mention the board had blatantly obvious nose repair, to accidentally post photos that somehow didn't show what is very obvious repairs, whatever, if thats the case then, well theres no harm in sharing the name of the retailer that made these honest mistakes, we all make mistakes, no biggie, so who was it?? To be honest man, you seem to be on the retailers side?, maybe your a fan of the shop?, its a weird reference you've made
Not sure if anyone has asked this yet but how much did you pay for the board? what board is it? and what year model?
If its got a few year on it and that's all that wrong with it, it probably would be classed as excellent condition for a "board of that age.."
^^^^ This is Sputnicks issue. He has rights as a consumer that he needs to pursue with the retailer. It's in both their interests to sort this out.
For interest sake, I contacted the seller once again. I gave them the link to this thread. Haven't heard back from them. Draw your own conclusions.
Just a quick conclusion to this one, have spoken with the store owner who has agreed to come to the party. I take him at his word that he personally wasn't aware of the repair, the board was sold on consignment.
Anyway, we've agreed on how to manage it. Case closed.
Select to expand quotesausage said..
The other thing that sh1ts me are the people who know exactly what year model their board is but list it as a newer model. It's deliberately deceptive and I wish you could flag it too with a buy and sell mod.
I was caught out in much the same way with my first ever SB buy and sell purchase from a guy who sells a lot of gear. That said 90% of sellers are very honest and are happy to send higher res photos and gear history.
Agree!
And when I took my SB to a repairer, he pointed out damage that was previous on there that the person who sold it to me did not say at all. Typical 80-90's style seller of 2nd hand sailboarding equipment - love to name and shame! but I can consider it a severe lesson to me who it was some I thought we could trust!
Select to expand quoteSputnik11 said..
Just a quick conclusion to this one, have spoken with the store owner who has agreed to come to the party. I take him at his word that he personally wasn't aware of the repair, the board was sold on consignment.
Anyway, we've agreed on how to manage it. Case closed.
Excellent, nothing like some effective communication to solve a problem.
Just another interesting post script on this one. After only 4 sessions on the board there's serious delamination, so bad I don't feel the board is safe to sail anymore. WHo know's what condition the core is in.
The store has told me, since they didn't notice any delamination (like they didn't notice the repair when they were selling it) that there's little they are prepared to do (apart from a voucher I can spend at their shop).
Looks like Office of Fair Trading is my next step.
Anyone in QLD have advice on a better body I should approach?
Obviously board has extensive internal damage. Contact store, ask for complete refund as item was not as described. As a retailer they are legally obligated to provide refunds on items not of merchantable quality.
If no joy, lodge complaint with fair trading.
