Of Behringers and An Unnamed Music Store

[gkinsingapore]

Legality? If he's telling the truth then go ahead and name....

Main Entry: de·fa·ma·tion
Pronunciation: "de-f&-'mA-sh&n
Function: noun
1 : communication to third parties of FALSE statements about a person that injure the reputation of or deter others from associating with that person

By saying that he bought x product from x store and the retailer refused the return of faulty goods there is no defamation case there.

 

[Vaiyen]

yea I've always understood the concept of defamation as spreading mistruths, so I don't understand the ethical dilemma here.

 

[rottenramone]

..

yes ken's right

the moral of the story is: check for after sales support when buying any product.

 

[Vaiyen]

I think gkinsingapore is right, but I have no legal training whatsoever :wink:

 

[Colarndo]

Actually it's more of libel as this statement was published on an online forum, available to anyone with an internet connection,
Although the shop name was not directly named, hints were given to the location and eventually, the reader could easily round down to which shop you were refering to.
Of course you could claim that you were protecting the public's interest by informing them of the shop's practices.

 

[Timex]

I still don't understand why giving a factual account of an incident is wrong.How does it constitute falsehood?

 

[3notesAbar]

Please la... If you had a bad experience and wanted to share it with people on a forum, but didnt want to get into any possible 'hassle' with the involved dealer, would you name the shop at all?

Not to say that Evangion is defaming or committing libel, but its just common sense for us to know if a shop is an authorized dealer or getting supplies from parallel importers (duh), so unless you have no common sense, you wouldn't be asking for the shop's name la.

 

[Timex]

So there is no defamation here? He can therefore post it if he wants to only that he might incur the wrath of the shop owner.

 

[3notesAbar]

If only life was that simple man

 

[thor666]

I still don't understand why giving a factual account of an incident is wrong.How does it constitute falsehood?

consider this:

1) the whole story was not given. this is a one-sided party's view.
2) the shop in question will not have a chance to defend themselves if they're not informed about the posting.

interestingly, no one has noted the fact as i mentioned, whatever product you buy, if it is not of satisfactory quality, you have the right to ask for a refund, so long as the contract between you and the shop is legal. (so that doesn't include flour which were passed off as heroine sold to you. lawmakers know better how to phrase their statutes.)

 

[Timex]

1) Do note that i used the word "factual" and not "opinionated"

eg Timex is 1.7 m tall(Factual)

eg Timex is 1.7 m tall and more handsome than Brad Pitt( opinionated)

2) True

Not too sure about the law of contracts here but i think wat thor666 says might be true.

 

[thor666]

I've learnt not to trust everything that is written on the forums as facts. Even if they are, is it the full picture?

Perhaps you're a friend of Evangion and have seen the incident. You might have a better idea of what happened then.

 

[Timex]

Yes while u may not trust everything written on the forum as a fact, that is a opinion. So long as this opinion is kept to oneself, it there's no wrong. But should the opinion be broadcasted it can lead to subsequent possible actions.So if we simply say that shop A does is not a licensed dealer of a product, thats a fact.Its legal unless a judge decides otherwise.

Then again whether something is a fact or opinion is ultimately the judge's decision in the court of law.Recall why the lady holding the weighing scales is blindfolded.

 

[thor666]

i agree with you here - about the parallel import - that's a fact.

let's put in perspective though. i've offered a means for Evangion to get his money back in the first page. just quote the Sales of Goods Act to the shopowner. If he refuses to refund - inform him that action can be taken at the Small Claims Tribunal.

perhaps this would be a better way to solve the incident?

 

[Timex]

Truthfully if i think that could work provided he really wants to get back his money.In fact all he has to do is say that he would write a letter to CASE.One step at a time. Utilise the tribunal as the last resort.

 

[exin]

Okay ... the legal debate going on here has somewhat gotten me confused ... on a personal note i still think that Evangion should mention the shop's name to at least inform us that the shop selling Behringer is a parallel importer ...

and for us who have this knowledge we run the risk of not getting a warranty if we buy from them.

TimeX has made a good point in factual and defamation views. At the end of the day you'd still got to be careful lah ... try out the stuff and make sure it's in good working condition before you purchase it ...

 

[stars]

anyway where is he ?

was this thread deliberately created to discredit some shops >?

i smell a conspiracy. i might be wrong by saying this and it defintely is controversial but it is altogether a possibility that we cant ignore

i mean , some people in HWZ have done it before. open online slandering and accusations at certain shop, just to taint one's reputation. i can cite you the case of it if u want.

by naming the shop in question here, yes its caveat emptor but at the same time , its the online equivalent of hanging a pig's head at their doorstep and spray painting "this @#$%^&%$#@#$% did this". web ah=bengism ?

to evangion : please take no offense if you are truly innocent, as "investigator's" providing a third party insight into an issue which neither party has volunteered any more information other than your first post, we cannot simply say that who is right or wrong.

there are maybe meta-motives behind this.

 

[rottenramone]

..

??? :roll:

 

[stars]

Re: ..

??? :roll:

bottomline being : until the actual people involved in the transaction issue actually clarify it, this maybe some huge cookup to stir controversy

e.g

case in point 1 : hardwarezone forums

one dude from a competing mobile phone shop well known for imported phone s from other countries, models not approved by IDA but brought in anyway, accused another company which recently entered it's "turf" by saying that they recycled used phones gave them cosmetic touchups and cleaned up the memory and resold them as new phones.

story found to be fradulent. both dealers banned from hardwarezone.

case in point 2 : (also) at hardwarezone forums

details unknown but it ended up in a lawsuit which lead to the offended party apologising in public/ splashed across other sub-forums

case in point 3: @ hwzone forum

person created multiple accounts , all accounts seem to offer biased views towards a main account, encouraging people and misleading people to belief that this guy is a reliable and honest seller of a hifi set and some other AV equipment

exposed as an attempt to self promote and mis-used multiple accounts. mod takes action and bans the IP from creating account at hwardwarezone.

so you see , things can never merely be taken at a surface level. i know i m possibly wrong on this, and i apologise for any offense taken but we cannot simply discount that possibility. what went on at the point of sale between evangion and the dealer guy. we dont know. we dont even know if the transaction truly took place.

all we have here is just a couple of words and posts. so it would not be fair to make judgements and pass comments on the entire issue and to keep pressing for the dealer to be revealed.

more concrete proof , e.g scanned copy of reciept , dealer's own account is needed.

we cant just post here and say : look , this guy is in the wrong , lets reveal him and boycott him. it simply isnt right. there is the possibilty that the whole thing was a set-up to hurt someone's reputation.

[/b]

 

[wangdexian]

Ok, but learning how to use caps would have made it easier to get your point through reading, especially through long passages like those. :lol: