I wasn't sure about this Lewis, so I've had a little nose about...lewis1641":leyj88z6 said:i am not sure the distance selling regulations apply in the case of an individual selling off his own goods.
According to eBay's Selling Practices policy, the Sale Of Goods Act 1979 doesn't apply as stringently to private sellers as it does to business sellers...
And as for the Distance Selling Regulations, an article on eBay says...The Sale of Goods Act 1979 (as amended), places numerous legal obligations on business sellers. In particular, items sold on eBay by business sellers to non-business consumers must be:
- of 'satisfactory quality'
- 'as described'
- 'fit for purpose'
...
Where the seller is a private individual, the goods must be “as described”. The goods are not legally required to be of “satisfactory quality” or “fit for purpose”.
And a more reliable source says...The DSR's do not apply to private sellers, so for those of you that sell unwanted items as opposed to buying to sell you are not legally obliged to abide by the DSR's. You do not have to offer returns or a 7 day cooling off period
As a private seller you need to decide whether you wish to offer returns and/or exchanges
So there you have it. Please take everything I said in my last post and flush it down the loo!Use the 'Buy It Now' button, rather than a standard auction, to buy from a UK based trader on eBay, and you've all the same statutory rights as buying from a shop. A trader is someone who makes some or all of their living from regularly selling goods. Technically it's up to the courts to decide but it's usually pretty obvious.
Buy from a private individual and the law says “let the buyer beware”. Providing your purchase arrives ‘as described' there's little legal comeback (assuming you can trace them anyway) and the standard seven day internet cooling-off period usually doesn't apply to auction purchases.

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