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Home > Off Topic > Distance selling Regulations and Ebay |
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bish789 Member Since: 30 Apr 2012 Location: St. Andrews Posts: 512 |
Hi all
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31st Oct 2014 8:25 pm |
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taztastic Member Since: 03 Feb 2011 Location: North West Posts: 8652 |
PM The Doctor, he will be able to answer that one.
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31st Oct 2014 8:44 pm |
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bish789 Member Since: 30 Apr 2012 Location: St. Andrews Posts: 512 |
Thanks Taz. How are you anyway? |
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31st Oct 2014 8:46 pm |
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Winslet Member Since: 01 Oct 2013 Location: Bedfordshire Posts: 281 |
Our friend Google suggests that DSR only applies to business sellers (ie someone who is buying goods in to sell on as opposed to someone who is a private seller who is selling unwanted items).
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31st Oct 2014 9:00 pm |
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taztastic Member Since: 03 Feb 2011 Location: North West Posts: 8652 |
I'm fine thanks very busy but all good, have you found your tyres yet
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31st Oct 2014 9:12 pm |
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The Doctor Member Since: 09 Jul 2010 Location: Gallifrey Posts: 4614 |
Agreed. Indeed, for example, the very wording of S.14 of SOGA states: Where the seller sells goods in the course of a business...
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31st Oct 2014 9:32 pm |
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Labradorslave Member Since: 15 Apr 2011 Location: Derbyshire Posts: 474 |
I have sold a few things on Ebay including 2 Land Rovers! The main area you need to ensure you comply with is that the item is accurately described. Ebay will always find in favour of the buyer if they are mis-sold an item (even unknowingly). Also, ensure you select the "no returns option" if you do not want the hassle of that. |
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31st Oct 2014 9:47 pm |
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bish789 Member Since: 30 Apr 2012 Location: St. Andrews Posts: 512 |
Thanks all. I was under the impression that if a BIN is offered, DSR takes effect. So if they've bought under a BIN, and i'm a Private seller they can't return it if they don't like it?
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31st Oct 2014 10:09 pm |
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The Doctor Member Since: 09 Jul 2010 Location: Gallifrey Posts: 4614 |
Under SOGA, even against a business, you don't have a right to return something just because you don't like it. Description, quality, fit for purpose, durability etc. are the key considerations.
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31st Oct 2014 10:19 pm |
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bish789 Member Since: 30 Apr 2012 Location: St. Andrews Posts: 512 |
Thanks Doctor. Feel like a cleverly worded email may be coming on. |
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31st Oct 2014 10:26 pm |
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The Doctor Member Since: 09 Jul 2010 Location: Gallifrey Posts: 4614 |
I've clearly lost touch over the summer! Only just noticed in an online article that the DSR have been replaced with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
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31st Oct 2014 10:54 pm |
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The Doctor Member Since: 09 Jul 2010 Location: Gallifrey Posts: 4614 |
For contracts entered into on or after 13 June 2014, the regulations supersede two previous sets of regulations:
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31st Oct 2014 10:59 pm |
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The Doctor Member Since: 09 Jul 2010 Location: Gallifrey Posts: 4614 |
I've had a read and in simple terms it is same old same old. If you are having issues on ebay Bish, I can't advise specifically without knowing what they are. Send a PM if necessary. LL.B (Hons) - University of Derby
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31st Oct 2014 11:09 pm |
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The Doctor Member Since: 09 Jul 2010 Location: Gallifrey Posts: 4614 |
From reading the summary of Stevenson v Rogers (1999) QB 1028, there are some other key factors which would determine whether you sold goods in the course of a business or not. Not as cut and dry as it may first seem.
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1st Nov 2014 1:13 pm |
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