Stung buying projectiles and supplies on the net

[6mmdasher]

Just a word of warning to you all, I have been stung by a seller that has a really nice website and asked for payment via direct debit.

I have not seen the goods, he wont talk on the phone. I can't get my money back and he even has told lies to the consumer protection society.

This guy works out of Adelaide from his car and garage.

[juststarting]

Not much of a warning, if you're after name and shame, then name and shame.

[brett1868]

Not much of a warning, if you're after name and shame, then name and shame.

That's against the forum rules, he cannot name and shame for fear of being prosecuted for slander. I'm sure if you drop the O.P a PM then he will let you know of his experience with the vendor.

[juststarting]

Fair enough.

[6mmdasher]

For the name, send me a PM and I will tell you all about it.

[Title_II]

That's against the forum rules, he cannot name and shame for fear of being prosecuted for slander. I'm sure if you drop the O.P a PM then he will let you know of his experience with the vendor.

I'll post it. They can send those cops chasing (or not) that father and son crew in Victoria to come get me and bring me back for a slander suit

[Chronos]

They can send those cops chasing (or not) that father and son crew in Victoria to come get me and bring me back for a slander suit

Nope, they won't. They'll just go after the forum owner because he is liable for anything written here.

It's happened before here and the bloke didn't have the resources (financial or otherwise) to fight it and the forum shut down.

A lot of Australian shooting forums have employed filters to stop particular shop names being used and a lot of blokes haven't bought from them since.

Chronos

[juststarting]

So I am fairly sure that an individual expressing an opinion about a commercial entity is fully within their right. It is more or less a product review... I am pretty sure there are laws to protect individuals in this specific instance.

Also, forum owner is not liable, unless it's abusive and they refused to take it down. However, a product review, in a shooters forum, about a shooting product... Doubtful that this is an issue at all.

That said, I am not a lawyer, so I could be completely wrong... But I don't think I am wrong.

[Chronos]

So I am fairly sure that an individual expressing an opinion about a commercial entity is fully within their right. It is more or less a product review... I am pretty sure there are laws to protect individuals in this specific instance.

Also, forum owner is not liable, unless it's abusive and they refused to take it down. However, a product review, in a shooters forum, about a shooting product... Doubtful that this is an issue at all.

That said, I am not a lawyer, so I could be completely wrong... But I don't think I am wrong.

Costs money to prove you're right in court.

Chronos

[Title_II]

Nope, they won't. They'll just go after the forum owner because he is liable for anything written here.

It's happened before here and the bloke didn't have the resources (financial or otherwise) to fight it and the forum shut down.

A lot of Australian shooting forums have employed filters to stop particular shop names being used and a lot of blokes haven't bought from them since.

Chronos

What a shame

[sandgroperbill]

Yup, that's the problem. Getting a resolution from the courts may take years and tens or even hundreds of thousands of dollars.

It's something that really annoys me, but having said that, it's simply easier for the forums to have this little rule and avoid the potential problems. The mods do a great job with this forum, and i really enjoy it here, so i'm happy to abide by this rule (even though we shouldn't have to) as it keeps things simple and makes their lives easier.

[Blackened]

So I am fairly sure that an individual expressing an opinion about a commercial entity is fully within their right. It is more or less a product review... I am pretty sure there are laws to protect individuals in this specific instance.

Also, forum owner is not liable, unless it's abusive and they refused to take it down. However, a product review, in a shooters forum, about a shooting product... Doubtful that this is an issue at all.

That said, I am not a lawyer, so I could be completely wrong... But I don't think I am wrong.

As I understand it you're right, the author of a comment is responsible/liable for the content and not the website where it is published.

But... The guys have nailed it, even though an accusation or proceedings against a website operator may be completely frivolous and destined to fail it still costs time/money for them operator to defend themselves.

If person X writes something about person Y on a website, even though it's misdirected person Y could still commence proceedings against the website operator.

While a court/tribunal may/would ultimately rule that the website operator is not liable, they still has to defend their position, incurring a cost in terms of both time and money.

As you'll obviously understand we're not here to get involved in other peoples battles.

So no naming, anyone ordering online from the Adelaide area who wants to know more can PM 6mmdasher.

I'll leave the topic open a little while longer for any advice to be given to 6mmdasher but then I'll lock it up once advice has been given so no names slip out.
-

P.S. Thanks to 6mmdasher for considering this when posting his warning.

[<<Genesis93>>]

Just a word of warning to you all, I have been stung by a seller that has a really nice website and asked for payment via direct debit.

I have not seen the goods, he wont talk on the phone. I can't get my money back and he even has told lies to the consumer protection society.

This guy works out of Adelaide from his car and garage.

Sounds like a simple case of fraud (theft??), to be dealt with by the Police - so I would suggest you drop in to your local with the information, name (if you have it) phone number, account number.... (dont let them palm it off as a civil matter).

Might be worth even speaking to the bank, long shot but if its fraud, they may be able to do 'something' .....

Good luck.

[Wes]

Sounds like a simple case of fraud (theft??), to be dealt with by the Police - so I would suggest you drop in to your local with the information, name (if you have it) phone number, account number.... (dont let them palm it off as a civil matter).

Try this on for size;

Obtaining property by deception.

(1) A person who by any deception dishonestly obtains property belonging to another, with the intention of permanently depriving the other of it, is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

(2) For purposes of this section a person is to be treated as obtaining property if he obtains ownership, possession or control of it, and "obtain" includes obtaining for another or enabling another to obtain or to retain.

(3) Subsections (12) and (13) of section 73 shall apply for purposes of this section, with the necessary adaptation of the reference to appropriating, as it applies for purposes of section 72.

S. 81(4) substituted by No. 36/1988 s. 6.

(4) For the purposes of this section, "deception"—

(a) means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person; and

(b) includes an act or thing done or omitted to be done with the intention of causing—
(i) a computer system; or
(ii) a machine that is designed to operate by means of payment or identification—

to make a response that the person doing or omitting to do the act or thing is not authorised to cause the computer system or machine to make.

Falsely offering a product/service to get peoples cash out of them fits the description to me.

Vic legislation pasted but SA will have more or less the same I'd say.
100% agree about pursuing it criminally too, don't let them fob you off.