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Faulty items from an Auction?
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skare44
Posts: 36 Forumite
in Credit cards
Hey guys,
I recently bought 5 items from an auction house in Stoke on Trent (Davenport Auctions), I found them through an auction site called i-bidder.com. The total amount for 5 items was £600, I drove from Wales, 300 mile round trip to collect the items. All the items were boxed and appeared to be in new condition, plastic wrapping still attached etc.. Got home, opened them all up, every item is faulty. All electronic goods, which don't work at all.
On the day i bid, 910 lots were on offer, i bought 5 items, all of which were faulty, the chances of picking 5 faulty items from 910 presumably working items are miniscule.
Their website has this in the terms and conditions.
"All goods are sold as seen without warranty. All bidders have the opportunity to inspect goods prior to bidding and bid on the goods without recourse to condition or completeness, it is the responsibility of the bidder to satisfy themselves as to the condition and completeness of goods prior to bidding and to bid accordingly. Davenport Auctions gives the wining bidder every opportunity to satisfy themselves that the goods are as described and present. Once goods are removed from the auction room no claim against Davenports Auctions for any missing lots, items or parts will be accepted. This applies to all bidders regardless as to wether that bidder attends in person or bids online or collects goods in person, through a third party or uses Davenport Auctions Fedex service."
I've initiated a chargeback through my card supplier, but i'm worried it won't go through due to these terms on their website.
I understand buying from an auction is a gamble, but for all the items to be faulty beyond repair is surely criminal?
I recently bought 5 items from an auction house in Stoke on Trent (Davenport Auctions), I found them through an auction site called i-bidder.com. The total amount for 5 items was £600, I drove from Wales, 300 mile round trip to collect the items. All the items were boxed and appeared to be in new condition, plastic wrapping still attached etc.. Got home, opened them all up, every item is faulty. All electronic goods, which don't work at all.
On the day i bid, 910 lots were on offer, i bought 5 items, all of which were faulty, the chances of picking 5 faulty items from 910 presumably working items are miniscule.
Their website has this in the terms and conditions.
"All goods are sold as seen without warranty. All bidders have the opportunity to inspect goods prior to bidding and bid on the goods without recourse to condition or completeness, it is the responsibility of the bidder to satisfy themselves as to the condition and completeness of goods prior to bidding and to bid accordingly. Davenport Auctions gives the wining bidder every opportunity to satisfy themselves that the goods are as described and present. Once goods are removed from the auction room no claim against Davenports Auctions for any missing lots, items or parts will be accepted. This applies to all bidders regardless as to wether that bidder attends in person or bids online or collects goods in person, through a third party or uses Davenport Auctions Fedex service."
I've initiated a chargeback through my card supplier, but i'm worried it won't go through due to these terms on their website.
I understand buying from an auction is a gamble, but for all the items to be faulty beyond repair is surely criminal?
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Comments
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I can't see that you have any recourse with the auction house. Their T&C's make it very plain. Most electrical items sold at these places are faulty/returns/incomplete - why would they be there otherwise?. It may be something small and easily repairable in the right hands.0
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According to their terms - and buying makes it a binding contract, you can't get refunded.
There is one course of action I would consider. I did it once when the stakes were high rnough to justify 'war', and you are talking over 600 quids...
What I did with a vendor that scammed me was to go over to his business with my car all covered with signs "Beware of dishonest business" and telling my story, without exactly mentioning his name. I stood there on the street for maybe 30 minutes, talking to people all the time, before he came out shouting and cursing, but it was on a public street and he could do nothing because I was careful to proclaim only fact. Eventually he settled with me on most of what I wanted.
I don't like to pick fights but sometimes you need to show them you are serious.0 -
So it appears there's nothing i can do after many hours of research. That little statement on the company's website basically gives them permission to sell what ever faulty rubbish they like to unsuspecting customers without any consequence. I'm still confident i'll get my money back one way or another.0
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That little statement on the company's website basically gives them permission to sell what ever faulty rubbish they like to unsuspecting customers without any consequence.
"That little statement" is explicitly clear. By bidding you agreed that you had read these T&C's. Onus was on you to inspect prior to bidding. As the auction house makes it very clear there's no warranty.0 -
Brings to mind that well known saying "a fool and his money are soon parted"
Not saying you are a fool, just foolish to purchase from an auction without inspecting the goods first.0 -
This is the nature of the beast. People put all manner of tat into auctions..... and it's up to the buyers to make sure they're what they want. Another bidder, say, might have a shed full of spares and know how to fix those, so he might've been bidding on the basis that "if they don't work I can sort it out and make a killing on these".
Auctions aren't shops.0 -
I'm asking an honest question, i don't expect someone to go through my posting history and then insult me for it. I thought this forum was here to help people with financial issues...?
I didn't realise i need to make a new account everytime i post for fear of being given a hard time over my previous posts.
Well yes, except that (for example) on the 19-10-2011 you claimed to have been "5 yrs debt free", despite the fact that you claimed on 05-08-2011 that you "currently have a finance agreement for an Audi A3" which you then said you could "no longer afford" on the 05-09-2011 with £8,200 left to pay.
Now I'm sure there's a reasonable explanation for it all, but it does rather give the impression that you might be prone to making things up.0 -
Well yes, except that (for example) on the 19-10-2011 you claimed to have been "5 yrs debt free", despite the fact that you claimed on 05-08-2011 that you "currently have a finance agreement for an Audi A3" which you then said you could "no longer afford" on the 05-09-2011 with £8,200 left to pay.
Now I'm sure there's a reasonable explanation for it all, but it does rather give the impression that you might be prone to making things up.
Don't forget, at the end of January 2013, they've said they're 8 years debt free. Yay Maths!Credit 'Score' - Don't buy the credit 'score' that Experian, Equifax and Noddle want to sell you. It's an arbitrary number that means nothing when it comes to applying for credit.
ALWAYS HAVE A DIRECT DEBIT SET UP FOR THE MINIMUM PAYMENT ON YOUR CREDIT CARDS, REGARDLESS OF WHETHER YOU PLAN TO LOGIN AND PAY EACH MONTH.0 -
Auntie-Dolly wrote: »I can't see that you have any recourse with the auction house. Their T&C's make it very plain.silvermine wrote: »According to their terms - and buying makes it a binding contract, you can't get refunded.
Well, we should all know by now that just because something is in the T&Cs, it does mean it's legally binding.
In the case of auctions, if goods are being sold by a BUSINESS as NEW, then Sale of Goods Act implied terms still apply. So just as with a shop saying "no refunds", you can still demand a refund if goods are faulty.
More tricky when you are talking about private sellers or goods being described as not new, or not functional. Depends on the specifics.0 -
that auction site sells argos returns mainly. cant see a charge back workingDon't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.0
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