Distance selling regulations

LULUBELLE_2

It appears that internet auctions are not subject to the Distance Selling regulations - but, it would appear, BINs are. I've seen DSRs quoted often on here - this link is on an Ebay auction that I was looking at.

http://www.oft.gov.uk/Business/Legal/DSR/distance+selling+regulations+exceptions.htm

Googlies_2

LULUBELLE wrote:

It appears that internet auctions are not subject to the Distance Selling regulations - but, it would appear, BINs are. I've seen DSRs quoted often on here - this link is on an Ebay auction that I was looking at.

http://www.oft.gov.uk/Business/Legal/DSR/distance+selling+regulations+exceptions.htm

Ebay auction format sales are not "internet auctions".

martindow

I would agree with your interpretation Lulubelle that it only covers BIN. I understand that these regulations also only apply to a business, so someone selling some of their belongings would not be affected provided items have not been bought specifically to sell on.

Benji

Googlies wrote:

Ebay auction format sales are not "internet auctions".

I have heard this too - I also think that any 'business' should adopt a set of returns rules similar to DSR wether they're legally obliged to or not - it's just good customer care.

martindow

I don't really see how they can't be internet auctions? Anyway the OFT criterion is
'auctions, including internet auctions'
so Ebay must be included one way or another (unless it is BIN).

Googlies_2

martindow wrote:

I don't really see how they can't be internet auctions? Anyway the OFT criterion is
'auctions, including internet auctions'
so Ebay must be included one way or another (unless it is BIN).

"To get a general idea of the laws governing distance sales, we recommend that you review the DTI's summary of the Regulations which are available here. (Please note that, although the DTI's guidance states that the Regulations do not apply to sales at internet auctions, this refers to traditional auctions carried out via the internet and not sales made via eBay's auction-style selling format.)"

http://pages.ebay.co.uk/help/policies/business.html

martindow

Thanks Googlies. So this means that these regulations do apply to Ebay sales. Am I right in thinking though that they do not apply to individuals selling odd bits and pieces but only to businesses including sole traders? It does have real implications if you are covered, as the winner of your auction will have the right to change their mind and cancel the sale for the seven days following.

Amazombie

The DSR is being modified on a regular basis to reflect the changing shopping patterns and the heavy use of Ebay. At present my understanding is that items bought through Ebay auctions arent covered by the DSR but BIN items and shop items are.

The big grey area, which has not to my knowledge been tested by legal action, is where private individuals are selling on Ebay and what exactly constitutes a business.

I believe the OFT are looking at all these issues and some revised legislation will be forthcoming to clarify the situation.

doingwhatican

I had an issue some time back when I bought a laptop on ebay. Because it was bought from a trading company I was covered under the distance selling regulations, also as the item was not fit for its purpose. It also depends on what you buy as to how you are covered by Distance selling regulations.

bingo_bango

There is some argument within Trading Standards Service as to whether or not the DSR apply. Ebay themselves say that they are not an auction site. They state that they merely facilitate the selling of goods by individuals and companies, by providing a 'message board' for them to use. How they use it is up to themselves.
As Amazombie says, this hasn't (definitely) been tested in law yet, so there is no legal opinion to use as precedent here. Ebay recently ran a workshop for TSS in London, and nothing new came out of it. Basically, they still hold that they merely provide a message service, and aim to continue to hold that viewpoint.
They won't be held responsible anyway. The individual trader advertising on Ebay will be the other party in any contract, and so any action would be against them.
Someone said above that all BINs would be subject to DSR. Not the case at all. I sell on a BIN sometimes, but I'm not a trader. If I'm not acting as a trader (the criteria for this varies, and is individual to the circumstances of each case), then DSR won't apply.
If you're currenly selling as a trader on Ebay, then for BIN items you would have to apply DSR. As it stands, for auctions you may not have to. If that changes in the future, it'll be huge news, so you'll all see it in the media anyway.
As for exclusions under DSR, these are well documented, and the list likely wont change in the future.

Googlies_2

bingo_bango wrote:

As Amazombie says, this hasn't (definitely) been tested in law yet, so there is no legal opinion to use as precedent here. Ebay recently ran a workshop for TSS in London, and nothing new came out of it. Basically, they still hold that they merely provide a message service, and aim to continue to hold that viewpoint. .

It has:

http://www.theregister.co.uk/2004/11/03/ebay_catalogue/