Products purchase via online auctions

[tomba90]

Hi,

 

Can anyone help with this ?

 

Purchased a watch of an online auction (bidspotter) it had very little information on the description. Anyway, cut the story short I won the bid it arrived and it is not working eg faulty.

 

I have obviously complained, and was duly told read our t&c's NO REFUND.

 

Surely my statutory rights apply, as they did not state it was in a faulty condition ?

 

The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described of satisfactory quality and fit for purpose.

 

[tomba90]

Thought I would point out that it was a Breitling watch, so the value is £757

[assisted blonde]

how much did you pay? did the advert state it was working? what exactly did the description say?

[IdaInFife]

and how did you pay for it and when?

[tomba90]

how much did you pay? did the advert state it was working? what exactly did the description say?

 

Hi, description as follows:

 

"Lot 19

 

Removed from Private quarters of hotel owners residence following closure is this Breitling watch. Does not come with paperwork so is being sold as NON genuine item. Please bid accordingly"

 

Paid by BACS transfer directly to Auction house, £757

[tomba90]

I'm going to go to small claims and base it on:

 

Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described of satisfactory quality.

 

Is that the best tact ?

[assisted blonde]

Advert dosnt say anything about it working, only that it is being sold without paperwork I dont actually think SOGA will apply unless you actually asked if the watch was working and they said it was. It is a secondhand item and therefore I would have expected you to satisfy yourself of the quality before bidding, how much will it cost to get repaired? how much do these watchs normally sell for?

[tomba90]

Advert dosnt say anything about it working, only that it is being sold without paperwork I dont actually think SOGA will apply unless you actually asked if the watch was working and they said it was. It is a secondhand item and therefore I would have expected you to satisfy yourself of the quality before bidding, how much will it cost to get repaired? how much do these watchs normally sell for?

 

Isn't such an obvious thing to expect it to work ?

 

if you buy a TV or mobile phone via an auction (ebay) it must state its faulty, or you assume it works ?

 

This was a distance sale, as the auction was taking place 150 miles away, i called and no information about the watch was provided.

 

To repair would probably cost more than its worth....hense my problem.

 

Does SOGA really offer no assistance ?

[labrat]

check the auction again

 

bid spotter is basicly a front end for other auction houses

 

you would need to check the auction houses terms and conditions as most have a condition of "sold as seen" beleave me i got caught out this way with a dryer where someone had actually sawn part of the motor off

[assisted blonde]

Never assume and always ask if you are spending a lot of money.

Bidspotter terms and conditions state that they make no claims as to the items and it is up to the bidder to make their own enquiries. Bidspotter do not own the items they are just a third party who put bidders and sellers into contact with each other. Was the item sold by an auction house or individual?

Edited December 18, 2012 by assisted blonde

[tomba90]

Never assume and always ask if you are spending a lot of money.

Bidspotter terms and conditions state that they make no claims as to the items and it is up to the bidder to make their own enquiries. Bidspotter do not own the items they are just a third party who put bidders and sellers into contact with each other. Was the item sold by an auction house or individual?

 

Was an auction house called "James auctioneers". who have there own set of T&C's as follows :

 

 

CLEARANCE TERMS AND ARRANGEMENTS

 

All lots must be removed by 15th of October 2012, 5pm. No further access will be available after this time.

 

The premises will be open from 09:00 to 16:00. Please see specific lots descriptions for clearance arrangements.

 

PLEASE NOTE: We must remind potential purchasers of the terms and conditions relating to the sale and that it is their responsibility to check the suitability or otherwise of lots for the purpose for which they are required. Likewise, parties should satisfy themselves as the functionality and condition of lots. The opportunity to do so is provided on the view day and NO allowance or refunds will be made in the event that purchasers subsequently discover that the goods are not suitable for their needs or the functionality/condition is not as expected or anticipated. Potential purchasers who choose not to inspect lots prior to bidding on them do so at their own risk.

 

REFUNDS: IN NO CIRCUMSTANCES WILL REFUNDS BE CONSIDERED IF THE GOODS HAVE BEEN REMOVED FROM THE SALE SITE. Any refunds given will only be on items listed as tested and working and would be as a gesture of goodwill rather than acceptance of liability for any faults or defects with lots purchased. We accept no liability for any losses suffered as a consequence of any lots being faulty or defective.

 

Delivery Terms: On all lot items that describe” free delivery” , this item will be sent to the buyers/bidders address as invoiced and the item will be endeavoured to be delivered within 7 working days, any possible extension to this time slot the buyer will be notified accordingly.

 

Please email or call us for all other lots not assigned to free delivery for possible delivery if required, this is a strictly first come first serve basis and all buyers who assign payment sooner rather than later will receive priority in the time scale of delivery.

 

All buyers/Bidders are invited to contact us PRIOR to bidding to calculate costs/delivery allocation.

[tomba90]

I must note that I called and asked for details, and they would not supply any.......

[assisted blonde]

Did you specifically ask if the watch was working? If they wouldnt give you any more details as to the condition of the watch why on earth would you go ahead and buy it? It does state quite clearly that you are expected to satisfy yourself of the condition prior to purchase.

[tomba90]

No I didn't ask him if it was working, but he didn't give or have any information on it other than his description which was poor.

 

Do I have a chance to claim in your opinion ?

[assisted blonde]

IMO no dont think you have a chance, there was no claim as to condition, the item was secondhand and you didnt ask specifically if it was working, as far as the auction house was concerned you could have been buying it for scrap or repairs its not up to them to do anything really other than offer it for sale. Auctions have their own set of rules to some extent and unless you were buying an item that was described as working, fully functioniong etc I dont see where a claim could come from. but thats just my opinion and you should seek other opinions.

Action houses as a rule state quite clearly if an item is working and absence of such a statement should be a warning that prehaps all is not as it seems.

[raydetinu]

caveat emptor!

dont assume anything, just like car auctions, up to the buyer to make sure its worth bidding.

especially if it may have been a fake!

[san_d]

The item might have well been stolen. The description " Does not come with paperwork so is being sold as NON genuine item. Please bid accordingly" is very suspicious.

[assisted blonde]

The statement does not come with paperwork is the auction house way of saying they cannot verify anything about the item, therefore basically its saying bid at your own risk.

[ashmk]

I go to auctions and have to agree with the others on Buyer Beware.

I don't think there is much you can do except enter it back in to the auction and hope to get some money back, or take it to be repaired, might be something as simple as a battery.

[ashmk]

I'm going to go to small claims and base it on:

 

Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described of satisfactory quality.

 

Is that the best tact ?

 

I don't think it will work.

Was the auction open to viewing before hand?

Most are.

The buyer was given the chance to view and check the item over then make a bid accordingly.

 

Just because it was 150 miles and you did not go is not the auction houses problem.

 

And try not to compare a Real world auction house to ebay, the only thing they have in common is you can bid. Other than that they are nothing alike.

[steampowered]

I think this would be a breach of the "satisfactory quality" provisions of SOGA. You would normally expect a watch to work unless told otherwise. You couldn't rely on "fitness for purpose" as this would require you to actually ask, but I think you can rely on "satisfactory quality". I guess the snag would be if this was a physical auction and, under the T&Cs, you were expected to go and physically examine the watch.

 

You do need to check who your contract is with. It might be with auction house or it might be directly with the original seller if they are only acting as an intermediary.

[raydetinu]

SOGA does not apply to auctions!!

and only to purchases made from a coomercial retail outlet!

best if you actually read soga.

[assisted blonde]

Got to say it looks like you have made an expensive mistake.

[labrat]

would alway recommend checking up

 

if the auction house i use refused to give more info i would refuse to buy

 

i buy laptops from auctions and NEVER bid more than the rough value they go for FAULTY on ebay, its led to a couple of break evens, a couple of bargins

 

if you dont know dont bid, the auction house is always the winner, if i could get roughly £200k i would be opening my own....

[ericsbrother]

All auction houses have the same general T&C's and auctions are just that. As it was open to viewing you really dont have a leg to stand on, I'm afraid. The DSR's would come into play if the norm was online buying but unlikely this is the case with a fixed premises and open auction. I have never seen a watch sold as guaranteed working, mostly china and glass shown as faulty or repaired. Ask the auction house if they would contact the underbidder on your behalf, there is a good chance they would be interested and you could mitigate your losses somewhat.