Distance Selling Regulations

System

Agreed, until somebody takes it to the courts we can all have opinions, but nobody knows for sure.

Merry Christmas.

George_Bray

you can't get better clarification than from the Office of Fair Trading.

I went to an Office of Fair Trading presentation recently where their main man and other managers took questions. I asked why eBay wasn't covered by all the consumer protection regulations. The response was non-commital but confirmed that purchases via eBay are not covered.

System

I emailed the OFT about ebay and the distance selling regulations. Here is their reply:

"Thank you for your email which has been forwarded to me as I had conduct of our recent work on Internet Auctions.

You ask whether the Distance Selling Regulations covers sales on internet auction sites. The Office's view is that individual sales taking place on 'internet auction' sites may be auctions. We would consider each individual sale on its own merits to determine whether it was an auction or not or, equally importantly, whether the seller was a 'business seller'. (If the seller is not a business seller the DSR would not apply in any event.) It is the nature of the individual sale that is relevant to the question of DSR applicability rather than whether eBay, or indeed any internet auction, is in fact an auctioneer. For completeness we are aware of the recent German judgment and eBay statement that they themselves are not an auctioneer.

Unfortunately, there is no statutory defintion of 'auction' but Halsbury's describes it as a 'manner of selling property by bids, usually to the highest bidder by public competition'. Accordingly it would be for a court, in the final instance, to decide whether an individual sale was indeed an 'auction'. Where such was found to be the case the sale would be exempt from the Distance Selling Regulations and the consumer would not have the protection of the cancellation rights set down in that piece of legislation. Whether a seller is indeed a business seller as mentioned above,is crucial and in these circumstances is also often difficult to assess. Again, in the final instance, this would be for a court to decide.

For clarity, it is not within the Office's remit to intervene in individual disputes, obtain redress for consumers, or to offer legal advice. If you have a dispute with a specific trader you should first raise the matter with the seller and then the site. You may also wish to seek independent legal advice or consider taking advice from your local trading standards department or CAB.

For further information you may wish to visit the attached link which sets out our current advice on trading on internet auctions:
http://www.oft.gov.uk/Consumer/Your+Rights+When+Shopping+From+Home/Internet+auctions/default.htm

I trust this response assists."

Hintza

As we suspected I think.

The area is very grey and there is little or no case law to help. We will have to wait and see if anyone has the will power to bring a case in front of the courts.

EBay look to be hiding behind a German judgement that it is not an auctioneer??!!

trace-j

Distance Selling Regs are in the process of being amended, I think they will be adding some more clarification on auctions. OFT guidance did decide that if the 'Buy It now' was used then the Regs do apply as considered an online purchase- no bidding necessary and pay the selling price.

To enfore this a nightmare- may be in ebays terms and conditions. Can't find it anywhere. Other wise No ebay not caught.