I believe you. But that's what happened to me. And I still haven't got what we agreed. Poorly...
And I would like to buy some interesting MSX devices from the coleg kiwimsx, but in this strange situation I wonder.
And that's what I was talking about. Colleagues, you say that this has not happened to you. A colleague of kiwimsx just ignores me and has not completed the contract. I have no words for this approach anymore, it's not okay.
And that's what I was talking about. Colleagues, you say that this has not happened to you. A colleague of kiwimsx just ignores me and has not completed the contract. I have no words for this approach anymore, it's not okay.
Unfortunately I have to agree with leonlas on this. I was one of the guys here that contacted Francisco (kiwimsx), to purchase two machines (the FS-5500 and the HC-90). I did not question the amount asked for the machines and the shipping to Canada and once I got the total amount I wired him the money.
Same exact process I did several times in the past with other sellers here (like Peter - sdsnatcher73 - by the way, top seller, always responsive and standing behind what he sells). After several weeks with no replies from Kiwimsx, I got a message from him saying that he decided not to sell the machines and that he would send me my money back but he would not be able to do so in one payment, having to break it up into multiple payments (as it seems he would not be able to 'afford´).
While I do understand people may change their minds (what is 100% acceptable and fair IMHO as sometimes people try to do something because they are desperate and do not really think about the impact of what they are doing) what is unacceptable for me is someone receiving payment and simply deciding they are not going to send you YOUR money back in one payment, as if you were a bank that is there to loan them money.
So in other words, they want to keep what they have as they changed their mind BUT they do NOT want you to keep what you have (your money). Terrible behaviour if you ask me and unfortunately something that ends up impacting the whole MSX community.
In the future, I will only deal with sellers if using a escrow service of my choice OR if using PayPal for Services/Goods, unless I know the seller well (i.e., Peter). And I do recommend all here to do the same. Do not trust anyone and I am sure by now, no one here should deal with kiwimsx IMHO. Hopefully I will get my money back but to be honest I do believe in karma and the old say that what goes around comes around. People will end up getting what they deserve.
Lesson learned.
According to Spanish law, if the seller has received payment, he has the obligation to deliver the object, if not, the law protects the buyer to request damages and losses that he considers, and the procedural expenses, which if you are abroad , the seller is going to cost a bundle because he has lost everything. I advise you to consult a lawyer, sometimes we would be surprised by the result. These ways of proceeding cannot happen, and less on a website as active as this one, cheers and greetings.
Well let’s hope kiwimsx’s situation is not too dire so he can repay tsmvp shortly. What kiwimsx did here certainly is not the right thing to do in any circumstances but let’s be a little understanding as we don’t really understand the circumstances. I am sure there was no mal intention here, but some personal unfortune that drove him to this. Putting fuel on a small fire will just make matters worse.
@kiwimsx: I hope your situation improves and you can indeed hold on to your collection and repay tsmvp shortly.
@tsmvp: when the dust settles and you are still interested I will offer you an insane deal on a FS5500F2 by Alexey. Might not be in exactly the condition as kiwimsx’s but obviously I can only offer what is available to me.
I agree in that we are not here to judge him and on what led him to behave this way. For me it is simple, this is a transaction and as any other transaction, the seller has full rights to back out, deciding he does not really want to sell anymore. I have zero issues with this. More than that, I do understand that sometimes we are going through hard times and in that case, usually it is not a good time to decide on things like selling a prized collection, etc., all stuff we may regret later, once the dust settles and we can think straight.
Again, totally fine if someone I am dealing with decides not to sell any longer. All good there. But the minimum I would expect from anyone is to simply refund the buyer the full amount plus any other fees the buyer had to deal with (i.e., wire costs, fees, etc.) and not simply tell the buyer stuff like "I will pay you back in 10 payments". That is the wrong part here IMHO, especially when no explanation whatsoever is given (like, why do you need 10 months to pay me back? One thing is "my cat died" vs "I lost a child" - we are all humans here and hopefully understand the impact certain things may have and in that case, sure, if I can help, why not?).
@sdsnatcher73, my BIG thank you for your offer! I am always looking for expanding my collection so rest assured these machines are still on my bucket list.
Cheers,
CR
According to Spanish law, if the seller has received payment, he has the obligation to deliver the object, if not, the law protects the buyer to request damages and losses that he considers, and the procedural expenses, which if you are abroad , the seller is going to cost a bundle because he has lost everything. I advise you to consult a lawyer, sometimes we would be surprised by the result. These ways of proceeding cannot happen, and less on a website as active as this one, cheers and greetings.
For now I will try to avoid any sort of legal action. Hopefully he understands we are all adults and that he made a mistake and is willing to fix this ASAP. But good to know I do have options in case it gets down to legal action.
Gracias!
CR
Colleagues, I've been on the MSX community forum for a while now. We all have one thing in common - passion for 8bit-MSX. None of us like strange and unpleasant situations, I just happened to have two - sometimes it happens. I just wish that all of us would get along well and that this would not happen.
But sometimes a few words of explanation are enough and the perspective is a bit different.
I think so.
The best of all!
Just wanted to post an update to this thread. At the end, Francisco (the original poster for this thread, that was selling his collection) never shipped anything out to me, even though I paid for two machines and the shipping amount he calculated. Everything was over 1500 Euro. Contacted him multiple times, proposing alternatives like ship me one machine, keep the other and refund me the remaining amount or if he did change his mind, do not ship me anything and simply refund me the money. He got all the banking info to do so. Never did it.
So I will have no other option but to seek legal action against him in Spain. At least I do have his full name, email, phone number, address and all the bank information. Just need to get a lawyer going.
Terrible to see people like that in the MSX community. As many sellers know (and developers) I am always buying hardware, funding new software and so on. This taints the MSX community and will certainly make people think twice regarding buying anything overseas unless something like escrow is used what is a shame and will only increase the costs for everyone.
CR