Buying "new" goods from ebay private sellers

bassc

Hi, hope this is the best forum for this.

This is something that has always been a grey area for me that I can't find information on so hope someone can help.

You've seen it yourself - goods marked as new, sold in bulk by private sellers on ebay at cheaper than RRP prices, who have huge ratings and are making the sales. The item arrives as described factory sealed etc., BUT!

• Without a valid receipt from a company that is trading, is the manufacturer really obliged to offer a warranty?
• I assume these items can be claimed as a business expense, but VAT generally isn't broken down, can you assume it is added? It should be on "new" goods, but because they're sold by a private seller does it apply? Perhaps it's classed as a second-hand/private transaction so doesn't?
• Because of the previous, how far does the Sale of Goods act apply (new or second-hand item)?

-b

antrobus

bassc wrote: »

Hi, hope this is the best forum for this.

Possibly not. The eBay forum might be a better place for specific eBay queries.

bassc wrote: »

• Without a valid receipt from a company that is trading, is the manufacturer really obliged to offer a warranty?

I don't think manufacturers are ever obliged to offer a warranty. A warranty is in addition to your statutory rights.

• I assume these items can be claimed as a business expense, but VAT generally isn't broken down, can you assume it is added? It should be on "new" goods, but because they're sold by a private seller does it apply? Perhaps it's classed as a second-hand/private transaction so doesn't?

Yes you can claim it as a business expense, but no you can't assume that VAT is included. You need a VAT receipt to claim back the VAT. So-called private sellers are likley not be registered for VAT.

bassc wrote: »

• Because of the previous, how far does the Sale of Goods act apply (new or second-hand item)?

SGA and Distance Selling Regs apply to eBay as much as anywhere else. As far as I can remember the SGA applies to B2B sales but DSRs don't.

verityboo

when buying off ebay the 'new' description simply refers to the condition of the item as outlined here:

http://pages.ebay.co.uk/help/sell/contextual/condition_8.html

if a second hand item in new condition is purchased from a private individual then the question regarding warranty depends on the manufacturer and whether they would allow the warranty to be transfered

techspec

Its not just private sellers that don't charge VAT - many companies don't either. You can only charge VAT if VAT registered.

VAT sellers should give you a receipt with VAT included.

Verityboo is right - if a prvate seller has an unused item in the loft for 3 years, and then sells it on ebay as 'new' - its still second hand - but in new condition.

bris

You have no rights with the manufacturer, unless they agree to allow the transfer of a warranty. As a contract is always with the seller, then you have very little to no rights under SOGA with a private seller.
The exception being that if a private seller misdescribes an item's condition, i.e says it works when it doesn't then, you would have a civil claim against them. If it's just a private sale with no promises then it's buyer beware, only Ebays laws can protect you in this case.

wealdroam

bris wrote: »

You have no rights with the manufacturer, unless they agree to allow the transfer of a warranty. As a contract is always with the seller, then you have very little to no rights under SOGA with a private seller.
The exception being that if a private seller misdescribes an item's condition, i.e says it works when it doesn't then, you would have a civil claim against them. If it's just a private sale with no promises then it's buyer beware, only Ebays laws can protect you in this case.

Another exception would be if the 'private seller' was in fact a trader masquerading as a 'private seller'

bris

wealdroam wrote: »

Another exception would be if the 'private seller' was in fact a trader masquerading as a 'private seller'

Yes, good point, that too.

bassc

Thanks for the info. I guess I've misunderstood "new" thinking it described brand new goods, with associated cover, rather than a subjective high-level condition description.

It would seem for tax and fee avoidance that many bulk sellers are using private accounts. But with a warranty that relies on a valid proof of purchase, this cheapness comes at a cost.