distance selling regulations - do they apply?

bluebb

Can someone please tell me whether the distance selling regulations apply to goods brought via an internet site which are second hand? If so and the company are refusing to refund, what is the next step? thanks

somethingcorporate

Is it an auction site? or just a retailer selling 2nd hand goods?

bluebb

its an online retailer selling second hand goods for fixed prices - no auctions

cyberbob

As long as they are fixed price and a business yes the DSR's do apply.

unholyangel

cyberbob wrote: »

As long as they are fixed price and a business yes the DSR's do apply.

Depending on what kind of goods of course.

somethingcorporate

unholyangel wrote: »

Depending on what kind of goods of course.

Being second hand does suggest they would not be customised for the purchaser (although not out of the question).

Could you clarify what else would mean different rules apply?

unholyangel

somethingcorporate wrote: »

Being second hand does suggest they would not be customised for the purchaser (although not out of the question).

Could you clarify what else would mean different rules apply?

Again unlikely any of the following (except perhaps games/albums/dvd's) would be sold second hand but tbh, you never know.......they've sold used toothbrushes on ebay before :S

There are obvious exceptions and you will not have the right to cancel with the purchase of the following goods:

• Goods made to a personalised specification
• Perishable goods, such as foodstuffs and flowers
• Audio/video recordings or software where the seal has been broken
• Newspapers, magazines or other reading material (not books)
• Gaming, betting, lotteries

bluebb

thanks for all the replies - its second hand clothing...not customised. The company are refusing to provide a refund - they say the DSRs do not apply to them as they sell second hand! Can anyone tell me the next course of action?

unholyangel

Is that the exact reason they gave you? Nothing else? Just that because the goods were second hand?

While it may be true a private seller doesnt have to comply and nor do businesses when dealing with other businesses.......when acting in the course of a business, unless it falls into a exempt group (as defined by the regulations themselves), there isnt really just cause.

How did you pay for the items?

bluebb

yep thats the only reason the company provided. I paid via paypal

unholyangel

Raise a dispute via paypal since the retailer is refusing to discuss it reasonably.