Buyers rights on selling page on facebook

[Sarahhealth]

A friend bought a coffee maker via a selling page on facebook.

 

The seller dropped it off at the buyers house earlier than agreed

and took payment from the buyers 13 year old daughter as the buyer wasn't home.

 

When the buyer arrived home she discovered the coffee maker wasn't the actual one she wanted.

 

It was the one in the photograph on the advert but she didn't realise it wasn't the one she required until she saw it in person.

 

The seller agreed upon a refund but has now since changed their mind.

 

Does the buyer have any rights in regards to a refund

especially when she didn't physically accept the coffee maker in person

and nor had she told her daughter to accept it.

 

Any information would be appreciated.

[BazzaS]

A friend bought a coffee maker via a selling page on facebook.

 

The seller dropped it off at the buyers house earlier than agreed

and took payment from the buyers 13 year old daughter as the buyer wasn't home.

 

When the buyer arrived home she discovered the coffee maker wasn't the actual one she wanted.

 

It was the one in the photograph on the advert but she didn't realise it wasn't the one she required until she saw it in person.

 

The seller agreed upon a refund but has now since changed their mind.

 

Does the buyer have any rights in regards to a refund

especially when she didn't physically accept the coffee maker in person

and nor had she told her daughter to accept it.

 

Any information would be appreciated.

 

Others may disagree, but I don't think she has a right to a refund, if the seller is a "private seller" rather than a "trader". I base this on two main issues.

 

1st : when was the contract formed? (So, was the formation of the contract affected by the fact it was the daughter, a minor, who handed over the cash). The contract was formed when the buyer agreed to buy it for the seller's price, and not later when it was delivered & the daughter paid for it.

 

2nd: is there a right to void a contract where the buyer changes their mind afterwards because they didn't realise it was the one they required?.

There would be grounds to void the contract if the item shown in the photo was a different model to the one delivered, or it was in very different condition. There would also be grounds to void it if the buyer specifically asked for it to have a feature (so if they said "the coffee maker I need must have a milk frother", and it doesn't.....).

If the seller said "I'm not sure it has a milk frother" and they buyer said "I''ll still buy it" : they don't have the same protection.

But: if it was the model shown in the photo and the seller didn't misrepresent its features, AND it is just that the buyer didn't make sure it was the right one : no automatic right to a refund.

 

Things might be different if the seller was a business rather than a private individual, as due to the Distance Selling Regulations (/ their successors), the buyer then gains the right to inspect the goods on receipt (or shortly after) & return them if not suitable.

[oddjobbob]

if it was the one in the photo and it works then you've got no chance I'm afraid.

[ericsbrother]

private sale=no consumer rights. You only have protection from deliberate misrepresentation.