Being Scammed - AUS Members please read, mods too
Thread Starter
Junior Member
Joined: Aug 2001
Posts: 257
Likes: 0
From: Sydney, Australia
Being Scammed - "Fake" Spoon N1
This is a bit off-topic but could the mods please leave this here as there aren't that many AUS members on this board. This also be of particular interest to the Authorised Spoon Sports Dealers, IPS Racing, AJ Racing, R & D.
This is what happened:
A few weeks ago I made an enquiry with a retailer interstate about buying an exhaust for my car, a Spoon N1. As some of you know there is a old and new version, the newer version having larger diameter piping and no bottleneck. My enquiry was if I ordered the Spoon N1 would I get the newer one. The retailer assured me that I would, so I placed the order. The way it works is that I place the order with him and he orders from a retailer in Japan. So I placed the order and paid a deposit, then paid the balance when the order had been shipped. He then charges me extra and I ask why, and he says its because its the newer model. A few days later I received my Spoon N1, but realised it was the older model and not the newer model as promised. There are pics in this post:
https://honda-tech.com/zerothread?id=195811
I rang the retailer and he informs me to send it back to him COD and he will get the newer model from the retailer in Japan. A few days later he tells me that there is no newer model without the bottleneck and larger piping, which is BS. He offers to modify the older N1 that I sent him and then post it back to me at my cost. I showed him the pictures in this post:
https://honda-tech.com/zerothread?id=197577
and how authorised Spoon Dealers in the US and AUS had confirmed that I had the older model and that there was a newer model in my original post.
I said no and asked for a full refund ($865 AUD). He gets back to me and says that I will be refunded 60% ($519 AUD) of the original purchase price, as the retailer in Japan charges a restocking fee, or I can have the older N1 sent back to me at my cost. He states the returns policy of the retailer in Japan which says that I must make sure that I have ordered the correct parts. I verified with him that I would get the right parts, but he did not verify with the retailer in Japan.
I called him again this morning and he said that I got what I ordered, and by ordering off him I agreed to abide by the terms and conditions of the retailer in Japan. I told him that I haven't got what I ordered, the newer Spoon N1. He says that he can't get that model as he denies that the newer N1 with larger piping and no bottleneck exists; here's the bit the authorised dealers should see: His words were:
Most of you will absolutely laugh at this, just as I did.
I may end up losing around $300. Now isnt he at fault here? Shouldn't I be refunded the full price I paid for the exhaust? I have taken the matter up with local authorities, looks like I should get a full refund, but it will take time and I may have to travel interstate
I have contacted the local consumer association and they inform me that I am protected by certain rights and that these override the terms and conditions of the retailer in Japan.
This comes at the worst possible time, as I have exams in two weeks. The lesson I have learned is order off someone reputable, even if it means paying more. For all you AUS members, I highly recommend Jacob (dc2#309)
Cliff Notes: I order an exhaust and get the wrong one, the retailer will not refund me the full amount because of some BS restocking fee, but he has made the mistake. Yet I may be the one who'll end up paying.
[Modified by Jim80y, 5:59 PM 6/6/2002]
This is what happened:
A few weeks ago I made an enquiry with a retailer interstate about buying an exhaust for my car, a Spoon N1. As some of you know there is a old and new version, the newer version having larger diameter piping and no bottleneck. My enquiry was if I ordered the Spoon N1 would I get the newer one. The retailer assured me that I would, so I placed the order. The way it works is that I place the order with him and he orders from a retailer in Japan. So I placed the order and paid a deposit, then paid the balance when the order had been shipped. He then charges me extra and I ask why, and he says its because its the newer model. A few days later I received my Spoon N1, but realised it was the older model and not the newer model as promised. There are pics in this post:
https://honda-tech.com/zerothread?id=195811
I rang the retailer and he informs me to send it back to him COD and he will get the newer model from the retailer in Japan. A few days later he tells me that there is no newer model without the bottleneck and larger piping, which is BS. He offers to modify the older N1 that I sent him and then post it back to me at my cost. I showed him the pictures in this post:
https://honda-tech.com/zerothread?id=197577
and how authorised Spoon Dealers in the US and AUS had confirmed that I had the older model and that there was a newer model in my original post.
I said no and asked for a full refund ($865 AUD). He gets back to me and says that I will be refunded 60% ($519 AUD) of the original purchase price, as the retailer in Japan charges a restocking fee, or I can have the older N1 sent back to me at my cost. He states the returns policy of the retailer in Japan which says that I must make sure that I have ordered the correct parts. I verified with him that I would get the right parts, but he did not verify with the retailer in Japan.
I called him again this morning and he said that I got what I ordered, and by ordering off him I agreed to abide by the terms and conditions of the retailer in Japan. I told him that I haven't got what I ordered, the newer Spoon N1. He says that he can't get that model as he denies that the newer N1 with larger piping and no bottleneck exists; here's the bit the authorised dealers should see: His words were:
"The N1 showed on that website is fake. I have contacted Spoon in Japan and they told me that there is a newer N1, the only difference is it has baffles to make it quieter. Those N1s with the 63mm piping and no bottleneck are fake, because Spoon Sports is very popular in the USA and Australia, there are a lot of fake Spoon items going around"
I may end up losing around $300. Now isnt he at fault here? Shouldn't I be refunded the full price I paid for the exhaust? I have taken the matter up with local authorities, looks like I should get a full refund, but it will take time and I may have to travel interstate
I have contacted the local consumer association and they inform me that I am protected by certain rights and that these override the terms and conditions of the retailer in Japan.This comes at the worst possible time, as I have exams in two weeks. The lesson I have learned is order off someone reputable, even if it means paying more. For all you AUS members, I highly recommend Jacob (dc2#309)
Cliff Notes: I order an exhaust and get the wrong one, the retailer will not refund me the full amount because of some BS restocking fee, but he has made the mistake. Yet I may be the one who'll end up paying.
[Modified by Jim80y, 5:59 PM 6/6/2002]
Joined: Oct 2001
Posts: 770
Likes: 0
From: No where near you
Re: Being Scammed - "Fake" Spoon N1 (Jim80y)
I'm not sure if its being scammed or if the retailer was misleading you about the product you ordered. Atleast you got the product and it was a real Spoon. A scam is either you spend your money with the retailer and get no product in return or you receive a product that is fake, not in working condition, etc. But either way the retailer was wrong and should atleast replace the item with the right part you need.
Thread Starter
Junior Member
Joined: Aug 2001
Posts: 257
Likes: 0
From: Sydney, Australia
Re: Being Scammed - "Fake" Spoon N1 (HONDAF1)
Yeah its more like deceptive trading. He claims that he can get me the newer N1, then delivers the older N1 and claims that the newer N1 doesnt exist, and that the ones I've seen are "fake".
Joined: May 2002
Posts: 623
Likes: 0
From: Sydney, Australia, Australia
Re: Being Scammed - "Fake" Spoon N1 (Jim80y)
This is a bit off-topic but could the mods please leave this here as there aren't that many AUS members on this board. This also be of particular interest to the Authorised Spoon Sports Dealers, IPS Racing, AJ Racing, R & D.
This is what happened:
A few weeks ago I made an enquiry with a retailer interstate about buying an exhaust for my car, a Spoon N1. As some of you know there is a old and new version, the newer version having larger diameter piping and no bottleneck. My enquiry was if I ordered the Spoon N1 would I get the newer one. The retailer assured me that I would, so I placed the order. The way it works is that I place the order with him and he orders from a retailer in Japan. So I placed the order and paid a deposit, then paid the balance when the order had been shipped. He then charges me extra and I ask why, and he says its because its the newer model. A few days later I received my Spoon N1, but realised it was the older model and not the newer model as promised. There are pics in this post:
https://honda-tech.com/zerothread?id=195811
I rang the retailer and he informs me to send it back to him COD and he will get the newer model from the retailer in Japan. A few days later he tells me that there is no newer model without the bottleneck and larger piping, which is BS. He offers to modify the older N1 that I sent him and then post it back to me at my cost. I showed him the pictures in this post:
https://honda-tech.com/zerothread?id=197577
and how authorised Spoon Dealers in the US and AUS had confirmed that I had the older model and that there was a newer model in my original post.
I said no and asked for a full refund ($865 AUD). He gets back to me and says that I will be refunded 60% ($519 AUD) of the original purchase price, as the retailer in Japan charges a restocking fee, or I can have the older N1 sent back to me at my cost. He states the returns policy of the retailer in Japan which says that I must make sure that I have ordered the correct parts. I verified with him that I would get the right parts, but he did not verify with the retailer in Japan.
I called him again this morning and he said that I got what I ordered, and by ordering off him I agreed to abide by the terms and conditions of the retailer in Japan. I told him that I haven't got what I ordered, the newer Spoon N1. He says that he can't get that model as he denies that the newer N1 with larger piping and no bottleneck exists; here's the bit the authorised dealers should see: His words were:
"The N1 showed on that website is fake. I have contacted Spoon in Japan and they told me that there is a newer N1, the only difference is it has baffles to make it quieter. Those N1s with the 63mm piping and no bottleneck are fake, because Spoon Sports is very popular in the USA and Australia, there are a lot of fake Spoon items going around"
Most of you will absolutely laugh at this, just as I did.
I may end up losing around $300. Now isnt he at fault here? Shouldn't I be refunded the full price I paid for the exhaust? I have taken the matter up with local authorities, looks like I should get a full refund, but it will take time and I may have to travel interstate I have contacted the local consumer association and they inform me that I am protected by certain rights and that these override the terms and conditions of the retailer in Japan.
This comes at the worst possible time, as I have exams in two weeks. The lesson I have learned is order off someone reputable, even if it means paying more. For all you AUS members, I highly recommend Jacob (dc2#309)
Cliff Notes: I order an exhaust and get the wrong one, the retailer will not refund me the full amount because of some BS restocking fee, but he has made the mistake. Yet I may be the one who'll end up paying.
[Modified by Jim80y, 5:59 PM 6/6/2002]
This is what happened:
A few weeks ago I made an enquiry with a retailer interstate about buying an exhaust for my car, a Spoon N1. As some of you know there is a old and new version, the newer version having larger diameter piping and no bottleneck. My enquiry was if I ordered the Spoon N1 would I get the newer one. The retailer assured me that I would, so I placed the order. The way it works is that I place the order with him and he orders from a retailer in Japan. So I placed the order and paid a deposit, then paid the balance when the order had been shipped. He then charges me extra and I ask why, and he says its because its the newer model. A few days later I received my Spoon N1, but realised it was the older model and not the newer model as promised. There are pics in this post:
https://honda-tech.com/zerothread?id=195811
I rang the retailer and he informs me to send it back to him COD and he will get the newer model from the retailer in Japan. A few days later he tells me that there is no newer model without the bottleneck and larger piping, which is BS. He offers to modify the older N1 that I sent him and then post it back to me at my cost. I showed him the pictures in this post:
https://honda-tech.com/zerothread?id=197577
and how authorised Spoon Dealers in the US and AUS had confirmed that I had the older model and that there was a newer model in my original post.
I said no and asked for a full refund ($865 AUD). He gets back to me and says that I will be refunded 60% ($519 AUD) of the original purchase price, as the retailer in Japan charges a restocking fee, or I can have the older N1 sent back to me at my cost. He states the returns policy of the retailer in Japan which says that I must make sure that I have ordered the correct parts. I verified with him that I would get the right parts, but he did not verify with the retailer in Japan.
I called him again this morning and he said that I got what I ordered, and by ordering off him I agreed to abide by the terms and conditions of the retailer in Japan. I told him that I haven't got what I ordered, the newer Spoon N1. He says that he can't get that model as he denies that the newer N1 with larger piping and no bottleneck exists; here's the bit the authorised dealers should see: His words were:
"The N1 showed on that website is fake. I have contacted Spoon in Japan and they told me that there is a newer N1, the only difference is it has baffles to make it quieter. Those N1s with the 63mm piping and no bottleneck are fake, because Spoon Sports is very popular in the USA and Australia, there are a lot of fake Spoon items going around"
Most of you will absolutely laugh at this, just as I did.
I may end up losing around $300. Now isnt he at fault here? Shouldn't I be refunded the full price I paid for the exhaust? I have taken the matter up with local authorities, looks like I should get a full refund, but it will take time and I may have to travel interstate
I have contacted the local consumer association and they inform me that I am protected by certain rights and that these override the terms and conditions of the retailer in Japan.This comes at the worst possible time, as I have exams in two weeks. The lesson I have learned is order off someone reputable, even if it means paying more. For all you AUS members, I highly recommend Jacob (dc2#309)
Cliff Notes: I order an exhaust and get the wrong one, the retailer will not refund me the full amount because of some BS restocking fee, but he has made the mistake. Yet I may be the one who'll end up paying.
[Modified by Jim80y, 5:59 PM 6/6/2002]
Good luck
Mike
New User
Joined: Sep 2001
Posts: 1,583
Likes: 0
From: Newcastle, NSW, Australia
Re: Being Scammed - "Fake" Spoon N1 (DC5R)
Sorry to hear how your story turned out Jim..
Do abit of research (when you have the time) and throw some legal formal paragraphs at him and try to scare him out. Give him the impression that if he dosn't give you a full refund you'll "be forced into taking further action"
I'd own his a$$ whether it'd be costly or not.
Do abit of research (when you have the time) and throw some legal formal paragraphs at him and try to scare him out. Give him the impression that if he dosn't give you a full refund you'll "be forced into taking further action"
I'd own his a$$ whether it'd be costly or not.
Thread Starter
Junior Member
Joined: Aug 2001
Posts: 257
Likes: 0
From: Sydney, Australia
Re: Being Scammed - "Fake" Spoon N1 (MyYellowHonda)
Yup already taking action, taken it up with Dept of Fair Trading in QLD. Already informed him of what I'm doing, he doesn't seem to care. Thinking of throwing these at him:
TRADE PRACTICES ACT 1974 No. 51 of 1974 - SECT. 52.
Misleading or deceptive conduct.
PART V-CONSUMER PROTECTION
Division 1-Unfair Practices
52. (1) A corporation shall not, in trade or commerce, engage in conduct that
is misleading or deceptive.
He claimed that he could get me the newer Spoon N1 but now claims that it does not exist.
TRADE PRACTICES ACT 1974 No. 51 of 1974 - SECT. 53.
False representations.
53. A corporation shall not, in trade or commerce, in connexion with the
supply or possible supply of goods or services or in connexion with the
promotion by any means of the supply or use of goods or services-
(a) falsely represent that goods or services are of a particular standard,
quality or grade, or that goods are of a particular style or model;
(c) represent that goods or services have sponsorship, approval,
performance characteristics, accessories, uses or benefits they do not
have;
He says that he delivered the newer model (which he hasn't)
He says that he could get me the newer N1 with 63mm piping but the product he has delivered does not have it
TRADE PRACTICES ACT 1974 No. 51 of 1974 - SECT. 58.
Accepting payment without intending to supply as ordered.
58. A corporation shall not, in trade or commerce, accept payment or other
consideration for goods or services where at the time of the acceptance it
intends-
(a) not to supply the goods or services; or
(b) to supply goods or services materially different from the goods or
services in respect of which the payment or other consideration is
accepted.
The product he delivered is not the product I requested when placing the order.
There are other laws and things such as Statutory Warranty Rights which also protect me. Judging from these laws alone this guy is about to be OWNED
TRADE PRACTICES ACT 1974 No. 51 of 1974 - SECT. 52.
Misleading or deceptive conduct.
PART V-CONSUMER PROTECTION
Division 1-Unfair Practices
52. (1) A corporation shall not, in trade or commerce, engage in conduct that
is misleading or deceptive.
He claimed that he could get me the newer Spoon N1 but now claims that it does not exist.
TRADE PRACTICES ACT 1974 No. 51 of 1974 - SECT. 53.
False representations.
53. A corporation shall not, in trade or commerce, in connexion with the
supply or possible supply of goods or services or in connexion with the
promotion by any means of the supply or use of goods or services-
(a) falsely represent that goods or services are of a particular standard,
quality or grade, or that goods are of a particular style or model;
(c) represent that goods or services have sponsorship, approval,
performance characteristics, accessories, uses or benefits they do not
have;
He says that he delivered the newer model (which he hasn't)
He says that he could get me the newer N1 with 63mm piping but the product he has delivered does not have it
TRADE PRACTICES ACT 1974 No. 51 of 1974 - SECT. 58.
Accepting payment without intending to supply as ordered.
58. A corporation shall not, in trade or commerce, accept payment or other
consideration for goods or services where at the time of the acceptance it
intends-
(a) not to supply the goods or services; or
(b) to supply goods or services materially different from the goods or
services in respect of which the payment or other consideration is
accepted.
The product he delivered is not the product I requested when placing the order.
There are other laws and things such as Statutory Warranty Rights which also protect me. Judging from these laws alone this guy is about to be OWNED
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Thread Starter
Junior Member
Joined: Aug 2001
Posts: 257
Likes: 0
From: Sydney, Australia
Re: Being Scammed - "Fake" Spoon N1 (MyYellowHonda)
Yup he's based in QLD but he reckons that I'm subject to the terms and conditions of the Japanese retailer
Just need to find a way to prove that the newer N1 does exist.
Just need to find a way to prove that the newer N1 does exist.
Honda-Tech Member
Joined: May 2001
Posts: 6,402
Likes: 0
From: Fairbanks
Re: Being Scammed - "Fake" Spoon N1 (Jim80y)
Why don't you post the name of the idiot's shop? So, no other AUS members will purchase from his sorry-a$$ in the future. Unless he makes things right, his business is going down.
Joined: May 2002
Posts: 623
Likes: 0
From: Sydney, Australia, Australia
Re: Being Scammed - "Fake" Spoon N1 (Cosworth)
Why don't you post the name of the idiot's shop? So, no other AUS members will purchase from his sorry-a$$ in the future. Unless he makes things right, his business is going down.
Thread Starter
Junior Member
Joined: Aug 2001
Posts: 257
Likes: 0
From: Sydney, Australia
Re: Being Scammed - "Fake" Spoon N1 (MyYellowHonda)
Guys believe me I would like to say the name of the shop but I have been advised not to at this time until the matter is resolved.
New User
Joined: May 2001
Posts: 121
Likes: 0
From: Melbourne, Australia, Australia
Re: Being Scammed - "Fake" Spoon N1 (Jim80y)
"The N1 showed on that website is fake. I have contacted Spoon in Japan and they told me that there is a newer N1, the only difference is it has baffles to make it quieter. Those N1s with the 63mm piping and no bottleneck are fake, because Spoon Sports is very popular in the USA and Australia, there are a lot of fake Spoon items going around"
What a joke!! Then maybe all the parts on the web site are fake too.
Joined: Mar 2002
Posts: 511
Likes: 0
From: Sydney, NSW, Australia
Re: Being Scammed - "Fake" Spoon N1 (whtdc2)
"The N1 showed on that website is fake. I have contacted Spoon in Japan and they told me that there is a newer N1, the only difference is it has baffles to make it quieter. Those N1s with the 63mm piping and no bottleneck are fake, because Spoon Sports is very popular in the USA and Australia, there are a lot of fake Spoon items going around"
it is possible!
Does he mean the N1 showed on that Spoon International website is fake?? What a joke!! Then maybe all the parts on the web site are fake too.
it is possible!
Does he mean the N1 showed on that Spoon International website is fake??
What a joke!! Then maybe all the parts on the web site are fake too.
New User
Joined: Apr 2001
Posts: 378
Likes: 0
From: Melbourne, VIC, Australia
Re: Being Scammed - "Fake" Spoon N1 (Jim80y)
This comes at the worst possible time, as I have exams in two weeks. The lesson I have learned is order off someone reputable, even if it means paying more. For all you AUS members, I highly recommend Jacob (dc2#309)
[Modified by Jim80y, 5:59 PM 6/6/2002]
Joined: May 2002
Posts: 623
Likes: 0
From: Sydney, Australia, Australia
Re: Being Scammed - "Fake" Spoon N1 (R008)
ROFL jacob
your **** is good !!
BUT !!! it takes forever to get it !! god damn it !!! ROFFFL
and sorry to hear about your story jim ! bad luck ...
your **** is good !!
BUT !!! it takes forever to get it !! god damn it !!! ROFFFL
and sorry to hear about your story jim ! bad luck ...
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Sep 24, 2002 07:33 AM