Distance selling Regs and eBay?

[perplexity]

A Paris Commercial Court awarded a 40 million Euro damage claim against eBay, eventually reduced to 5.7 million on appeal, because of the failure to prevent the sale of trade marked goods on the site, and then again a further fine of 1.7 million Euro, December 2009 because the sellers continued to advertise the goods.

 

eBay's defence was basically that "ebay does not supply any goods", which would seem to have not been so wise with hindsight.

 

8-)

[Surfer01]

Today I learnt something new about the Distance Selling Regulations. If you read an advert on the Internet in the comfort of your home, contact the seller and then go to view and purchase the advertised goods, i.e. a caravan, you are covered by the Distance Selling Regulations as it is deemed that the contract commenced at your residence although finalised at the seller's premises. This applies to traders only. I suppose that in additon to the Sales of Goods Act this gives you more protection if requesting a refund.

[perplexity]

The Distance Selling Regulations and the the Sale of Goods Act apply to contracts only. The Consumer Protection from Unfair Trading Regulations 2008 is the statute to apply to a trader, because the Regulations define offences.

 

The right to cancel provided by the Distance Selling Regulations is therefore an alternative to the Sale of Goods Act rather than an addition. With the contract cancelled there is no contract to apply the Sale of Goods Act to. From there on the cancelled contract counts only to the extent that the Regulations refer to it.

 

8-)

[Surfer01]

No idea what you are babbling about!

[ashmk]

I swear it just strings a load of words together to see what comes out.

[perplexity]

The SOGA and the DSRs apply to the extent that a contract exists and to the extent that the contract is legitimate, as per section 3 of the Sale of Goods Act.

 

The CPUTRs apply to the practice of a trader in general and may thus apply to advertising, with no consumer yet involved as an actual buyer.

 

Section 10(2) of the DSRs is the part they miss when the punters in their ignorance expect to cancel a contract while continuing to complain about the quality of the goods or the fact that goods were not delivered: On eBay for instance the correct way to go about it is for a seller to declare a mutual agreement to discontinue the transaction. The incorrect way to go about it is to claim to have cancelled the contract and to also proceed to the Paypal Dispute Resolution Centre to complain about the performance of a contract.

 

(2) Except as otherwise provided by these Regulations, the effect of a notice of cancellation is that the contract shall be treated as if it had not been made.

To complain that goods paid for were not delivered or to complain that the goods were bad is to treat the contract as if it had been made.

 

8-)

[Surfer01]

I don't know what you are smoking but I would give it up if I were you as your babbling has no reference to my OP.

[perplexity]

Pretty much the entirety of that original posting is wrong.

 

If you read an advertisement on the Internet and then proceed to finalise the contract when you go to see the goods the Distance Selling Regulations would not apply because the Regulations apply to a contract concluded at a distance and the finalisation of a contract is the conclusion of it.

 

"concluded" is the key term, not "commenced".

 

If, on the other hand, you agree to a seller's terms online and promise to purchase it would make no difference if you go to collect the goods and pay in cash so long as the deal was already done, with no caveat for instance that you wish to inspect the goods before you agree to pay. If that's the case the contract of sale would not be concluded.

 

 

“distance contract” means any contract concerning goods or services concluded between a supplier and a consumer under an organised distance sales or service provision scheme run by the supplier who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded;

http://www.legislation.gov.uk/uksi/2000/2334/regulation/3/made

[Surfer01]

You have absolutely no comprehension of the law and on numerous post you offer incorrect advice. I am not even going to bother to argue this one with you as it just goes over your head and even when presaented with facts contrary to your view, you decdie you are always correct anyway..

[perplexity]

For those sufficiently blessed with an adequate comprehension of English there was nothing so new to learn about about the Distance Selling Regulations anyway, except to have failed to bother to read them.

 

The statute came to force a full ten years ago [31 October 2000] and was not since amended, except that Part 8 of the Enterprise Act subsequently defined how the consumer protection legislation must be construed, in general.

 

Those are the facts of the matter.

 

8)

[perplexity]

For good measure, section 210 of the Enterprise Act is to be found here:

 

http://www.legislation.gov.uk/ukpga/2002/40/section/210

 

If anybody has anything to say on the subject it may as well be said here and now, to refer back to instead of disrupting thread after thread.

 

The definition of a consumer applies by way of 212(4):

 

References to a listed Directive or to a listed Regulation must be construed in accordance with section 210.

With regard the DSRs the listed Directive is 1997/7/EC

 

The usual point of contention is that a business includes

 

© any undertaking in the course of which goods or services are supplied otherwise than free of charge.

8-)

[Crapstone]

.................

Edited January 11, 2011 by Crapstone

[perplexity]

There was already a thread on "Distance selling Regs and eBay?"

 

See posting #6.

 

Consumer Protection from Unfair Trading Regulations 2008 may be applied to invitations to buy but with no actual acceptance of a supplier's offer to sell. The DSRs and the SOGA apply to a contract.

 

8)

Edited January 11, 2011 by perplexity

[perplexity]

There was already a thread on "Distance selling Regs and eBay?"

 

See posting #6.

 

Consumer Protection from Unfair Trading Regulations 2008 may be applied to invitations to buy but with no actual acceptance of a supplier's offer to sell. The DSRs and the SOGA apply to a contract.

 

8)

[Crapstone]

Today I learnt something new about the Distance Selling Regulations. If you read an advert on the Internet in the comfort of your home, contact the seller and then go to view and purchase the advertised goods, i.e. a caravan, you are covered by the Distance Selling Regulations as it is deemed that the contract commenced at your residence although finalised at the seller's premises. This applies to traders only. I suppose that in additon to the Sales of Goods Act this gives you more protection if requesting a refund.

 

If they had followed it up by phone, email etc, maybe but not if the contract is made on the Trader premises. If the caravan is away from the Traders usual premises it may apply depending on the circumstances so it's by no means clear cut.