Forum-Gallery-Shop-Sponsors

« Advertise on Freel2.com

Home > Off Topic > Distance selling Regulations and Ebay
Post Reply  Down to end
Page 1 of 2 12>
Print this entire topic · 
bish789



Member Since: 30 Apr 2012
Location: St. Andrews
Posts: 512

United Kingdom 2011 Freelander 2 TD4_e GS Manual Santorini Black
Distance selling Regulations and Ebay

Hi all
Don't know if any of you would have a definitive answer or had experience, but if I sell something as a private seller on a buy it now, is the buyer covered by the distance selling regulations?
Thanks for any answers

Post #239642 31st Oct 2014 7:25 pm
View user's profile Send private message View poster's gallery Reply with quote
taztastic



Member Since: 03 Feb 2011
Location: North West
Posts: 8652

England 

PM The Doctor, he will be able to answer that one.
I would hazard a guess that they aren't covered as eBay promote the use of PayPal and its own disputed resolution system.

Post #239644 31st Oct 2014 7:44 pm
View user's profile Send private message View poster's gallery Reply with quote
bish789



Member Since: 30 Apr 2012
Location: St. Andrews
Posts: 512

United Kingdom 2011 Freelander 2 TD4_e GS Manual Santorini Black

Thanks Taz. How are you anyway?

Post #239645 31st Oct 2014 7:46 pm
View user's profile Send private message View poster's gallery Reply with quote
wizking



Member Since: 18 Mar 2010
Location: Around
Posts: 1848

England 2013 Freelander 2 SD4 XS Auto Indus Silver

eBay rights buying from an individual
Many individuals sell unwanted gifts or items that they no longer need.
Here you're buying from a private seller in the same way as if you were buying from a classified advert in a local paper, and the principle of 'buyer beware' applies.
When you buy from an individual, the Sale of Goods Act says that the goods you get must be as they were described to you.
For example, something second-hand should not be described as new. If it is, the seller is in breach of contract.
If a seller takes your money, but then sends nothing, they would again be in breach of contract.
Some people who sell through eBay may be doing so much business that they are considered traders rather than individuals.
In this situation you would have the same rights as if you bought from a business, but you would have to find evidence that the seller is indeed a business if you wanted to make a claim against them as a business seller.

If you sell as a business then you are bound by the distance selling regulations.

Post #239647 31st Oct 2014 7:59 pm
View user's profile Send private message View poster's gallery Reply with quote
Winslet



Member Since: 01 Oct 2013
Location: Bedfordshire
Posts: 281

United Kingdom 

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).

HTH 2016 BMW X3 30d SE in red
MY2013 SD4 XS Firenze Red, 19" 10 spoke contrast paint wheels, Signature Strips, Grand Black Lacquer trim, Cold Climate Pack - gone!
2007 TD4 S Stornoway Grey - gone!

Post #239648 31st Oct 2014 8:00 pm
View user's profile Send private message View poster's gallery Reply with quote
taztastic



Member Since: 03 Feb 2011
Location: North West
Posts: 8652

England 

I'm fine thanks Thumbs Up very busy but all good, have you found your tyres yet Laughing
How's the arm?

Post #239652 31st Oct 2014 8:12 pm
View user's profile Send private message View poster's gallery Reply with quote
The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4612

United Kingdom 

Agreed. Indeed, for example, the very wording of S.14 of SOGA states: Where the seller sells goods in the course of a business...

Just as an interesting side note: If you run a company and buy goods in the name of the business, the seller (business) can exclude the implied terms about quality and fitness etc under SOGA. by making reference to a contract term (providing the term satisfies the requirement of reasonableness). A seller cannot do that to consumers.

However, if you and your business ever found yourself in such a situation and think that because of the contract you cannot call upon SOGA rights, consider what the purchase was for.

Example: You buy a vacuum cleaner in the name of your business to keep your shop tidy and the seller plays the contract card when it becomes faulty. The said purchase is in fact 'merely incidental' to the running of the business and so you deal as a consumer as far as the law is concerned. The name of the case escapes me now but its an interesting one. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #239655 31st Oct 2014 8:32 pm
View user's profile Send private message View poster's gallery Reply with quote
Labradorslave



Member Since: 15 Apr 2011
Location: Derbyshire
Posts: 474

United Kingdom 2007 Freelander 2 TD4 HSE Manual Stornoway Grey

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.

Post #239656 31st Oct 2014 8:47 pm
View user's profile Send private message View poster's gallery Reply with quote
bish789



Member Since: 30 Apr 2012
Location: St. Andrews
Posts: 512

United Kingdom 2011 Freelander 2 TD4_e GS Manual Santorini Black

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?
Arm healing now thanks Taz, but golf out for at least another 6 months.
Tyres found Laughing probably put them on though.

Post #239660 31st Oct 2014 9:09 pm
View user's profile Send private message View poster's gallery Reply with quote
The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4612

United Kingdom 

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.

Under DSR, you have a right of cancellation etc against a business. Useful for mail order stuff but no worries for private ebay stuff from a sellers point of view. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #239663 31st Oct 2014 9:19 pm
View user's profile Send private message View poster's gallery Reply with quote
bish789



Member Since: 30 Apr 2012
Location: St. Andrews
Posts: 512

United Kingdom 2011 Freelander 2 TD4_e GS Manual Santorini Black

Thanks Doctor. Feel like a cleverly worded email may be coming on.

Post #239665 31st Oct 2014 9:26 pm
View user's profile Send private message View poster's gallery Reply with quote
The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4612

United Kingdom 

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.

Most provisions of European Directive 2011/83/EU were implemented with this and I can't imagine any drastic changes at all, certainly not to this concept of dealing with a business as opposed to a private seller. But I will give the regulations a once over!

On the ebay front, just check what ebay terms and conditions you are bound by. Separate issue to any statutory claims (but not affecting your statutory rights of course) LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #239672 31st Oct 2014 9:54 pm
View user's profile Send private message View poster's gallery Reply with quote
The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4612

United Kingdom 

For contracts entered into on or after 13 June 2014, the regulations supersede two previous sets of regulations:

The Consumer Protection (Distance Selling) Regulations 2000
The Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008

- See more at: http://www.lawsociety.org.uk/advice/practi...bB0gp.dpuf LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #239674 31st Oct 2014 9:59 pm
View user's profile Send private message View poster's gallery Reply with quote
The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4612

United Kingdom 

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
LOT (Lord of Time) - University of Gallifrey

Post #239678 31st Oct 2014 10:09 pm
View user's profile Send private message View poster's gallery Reply with quote
The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4612

United Kingdom 

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.

If you are having problems Bish, don't go wading into an email all guns blazing until I know the full facts. I can't help properly without knowing all the issues. PM sent to alert you to this update. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #239715 1st Nov 2014 12:13 pm
View user's profile Send private message View poster's gallery Reply with quote
Post Reply  Back to top
Page 1 of 2 12>
All times are GMT

Jump to  
Previous Topic | Next Topic >
Posting Rules
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum



Site Copyright © 2006-2024 Futuranet Ltd & Martin Lewis
Freel2.com RSS Feed - All Forums


Switch to Mobile site