Private Sale of Electronic Goods

fozzeh

Morning guys,

Just want to check I’m getting the right approach here (as I actually feel sorry for the guy…although other threads say to forget morals and feelings lol). Anyway:

• Xbox bought from Tesco (in TV bundle deal) in November 2013
• Sold on Amazon Marketplace 4 days later (still in November), used as a Christmas present by buyer
• Buyer contacts me yesterday saying it is faulty, won’t save games, intermittent power, wants to return it.

I’ve said that it was described accurately upon sale (which it was…new and sealed), it’s outside of the 6 month period for returning an item (does which apply to private sellers?) and the 1 year warranty period.

I do feel sorry for the buyer (I’d hate a console to only last 13 months) and have said I will ring Tesco anyway and see if they will do anything and, if not, you’d have to argue your case with Microsoft. Even then, I’d provide a copy of the receipt…but I’m doubtful they’d be willing to help on a 3rd party private transaction.

So, question is…do I have to do anything statutorily to assist him? I’m thinking I don’t, unfortunately for him.

TIA :T

antrobus

When you buy goods from a private individual, you don't have the same rights as when buying from a trader. The legal principle of 'buyer beware' operates. You have no right to expect that goods are of satisfactory quality or fit for their purpose but there is a requirement that they should be as described. You should check goods thoroughly before you buy them.

http://www.tradingstandards.gov.uk/cgi-bin/shropshire/con1item.cgi?file=*adv0043-1011.txt

mattyprice4004

Someone messaged you over a year after buying a TV off you privately to tell you it doesn't work? I know what I'd be doing - nothing.

bris

As a private sale you have no liability the second after you sell it unless you lied to the buyer.


In this case a year later, you have nothing to worry about.

fozzeh

antrobus wrote: »

When you buy goods from a private individual, you don't have the same rights as when buying from a trader. The legal principle of 'buyer beware' operates. You have no right to expect that goods are of satisfactory quality or fit for their purpose but there is a requirement that they should be as described. You should check goods thoroughly before you buy them.

http://www.tradingstandards.gov.uk/cgi-bin/shropshire/con1item.cgi?file=*adv0043-1011.txt

That's what I thought!

mattyprice4004 wrote: »

Someone messaged you over a year after buying a TV off you privately to tell you it doesn't work? I know what I'd be doing - nothing.

It was the XBox...and the missus said the same thing!

It being that time of year, I'll warrant 1 phone call!

m0bov

You have no liability, if they wanted 13 month warranty they should have purchased it from a retailer and paid for extended warranty. They could try the manufactures but its out of warranty.

Hintza

Did the buyer know it was a private seller? I don't think the OP can potentially get off the hook that easily.

I presume is was sold for a profit and if so the OP is trading.

JJ_Egan

If its sold on Amazon Market Place is it classed as a private sale or a business sale ???

unholyangel

JJ_Egan wrote: »

If its sold on Amazon Market Place is it classed as a private sale or a business sale ???

Well that would depend on whether you were trading in the course of a business or not.

Someone selling a one off unused christmas present is a private seller. If you're buying with the intentions of selling (and not for personal use), then you're acting in the course of a business.

shaun_from_Africa

Hintza wrote: »

I presume is was sold for a profit and if so the OP is trading.

Selling for a profit doesn't make you a trader.
Buying with the intention of selling for a profit might make you a trader but even this isn't conclusive..

I used to buy box sets of DVD's from Amazon.com and when I had finished with these I sold them on ebay.co.uk by way of auction.
Quite often these sold for more than I originally paid but by selling them for a profit, I was in no way a business seller.

unholyangel

shaun_from_Africa wrote: »

Selling for a profit doesn't make you a trader.
Buying with the intention of selling for a profit might make you a trader but even this isn't conclusive..

I used to buy box sets of DVD's from Amazon.com and when I had finished with these I sold them on ebay.co.uk by way of auction.
Quite often these sold for more than I originally paid but by selling them for a profit, I was in no way a business seller.

A consumer (by definition) is someone who purchases goods for personal use. If you are purchasing goods with the intentions of selling them on and not for personal use, you are acting in the course of a business.