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

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.

Thanks Taz. How are you anyway?

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.

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

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

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.

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 probably put them on though.

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

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

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

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

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

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