I purchased a outdoor swingset

[Aaaa]

When you buy something used, you are buying as is...unless you are given some kind of written guarantee/warrantee.

Where do you get this from?

 

[Red Kayak]

Where do you get this from?

It's common knowledge.

Return the set.

Cut the excuses for why you think this is unfair, and make wiser choices in the future.

 

[welkin]

Where do you get this from?

Was shipping part of the price of the swing set or was the swing set priced without delivery and shipping added? What money if any did you originally pay?

 

[Zigner]

Where do you get this from?

The legal term is caveat emptor (buyer beware). In essence, absent some sort of written guarantee, it is the buyer's responsibility to ensure that the item is acceptable.

A phrase such as "pristine condition" is subjective and considered "puffery", which is not a guarantee. Had the seller said "All crossbeams are new from the factory" and then you get them and they are rusted out, you'd likely have a case, but disagreeing with a subjective description does not allow you to overcome the "as-is" nature of the purchase of a used item.

 

[PayrollHRGuy]

Few years old

I bought a like new product

No outdoor swing set that has been set up for any significant percentage of a "Few years..." is going to be like new. The simple process of taking it apart and shipping it is likely to cause damage.

 

[adjusterjack]

i did not agree to buy a as is!

The law says you did. Maybe not a statue but thousands of common law case decisions say so.

I bought a like new product

Then you are very naive.

I was counting on the protection from my credit card which thankfully assisted me why would I spend more money ?

What you don't understand about that is that the credit card company is not a court of law, it just provides a service that you pay for by using the credit card. It does not absolve you of owing the money to the seller.

You have probably not heard the end of this.

 

[zddoodah]

I bought a like new product

What does that even mean?

When you buy something used, you are buying as is...unless you are given some kind of written guarantee/warrantee.

Even when you buy something new, you are buying it "as is" unless you get a warranty. Of course, the implied warranty of merchantability may apply to a new product, unless disclaimed.

Where do you get this from?

It is one of the most fundamental principles of the law of the sale of goods.

Please answer the questions I asked in my prior response.

 

[ldij46]

I disagree a bit with the other responses you are receiving. You could tell the seller that he is welcome to come and pick up the swingset any time that he wants. However, I would only do that if he truly misrepresented the swing set and it didn't just get wiggly from being shipped. I would suspect that something like that would need tightening up after being transported.

Did you pay the original shipping cost to the seller, or directly to the shipper? Did your credit card company refund you the shipping as well?

 

[Zigner]

I disagree a bit with the other responses you are receiving. You could tell the seller that he is welcome to come and pick up the swingset any time that he wants. However, I would only do that if he truly misrepresented the swing set and it didn't just get wiggly from being shipped. I would suspect that something like that would need tightening up after being transported.

Did you pay the original shipping cost to the seller, or directly to the shipper? Did your credit card company refund you the shipping as well?

What do you disagree with? The concept of caveat emptor? The concept of an as-is sale?

I agree that if there was an actual misrepresentation, things may change, but simply disagreeing with a subjective description of an item doesn't mean it was misrepresented.

(The OP explained that he paid separately for the freight and paid it directly to the freight company that he [the OP] contracted with.)