Distance Selling & Best Offer

Bromley86

I've read that the Distance Selling regs apply to BiNs but not auctions (presumably as long as you can demonstrate that the seller is operating as a business).

But would Best Offers be covered or not?

Thanks.

ormus

have you got some official proof from somewhere that BINs are included?
or this one of them grey areas, thats not been tested in a court yet?

(i dont know myself, but its just my gut instinct)

an ebay shop, maybe very different of course?

7db

Yes. Although beware relying too heavily on distance selling regs - check that the seller has a refund and return policy

soolin

Bromley86 wrote: »

I've read that the Distance Selling regs apply to BiNs but not auctions (presumably as long as you can demonstrate that the seller is operating as a business).

But would Best Offers be covered or not?

Thanks.

DSR as appplied to ebay are a minefield and best not relied on. Even if legally a BIN is covered by DSR, and as has already been said this is a grey area, how do you enforce it easily? If you receive something and change your mind and the seller refuses a refund, what then? You still have to presue them through the court system to force a refund, I'm sure telling them that the DSR applies is not going to be a magic wand which instantly gets your money back.

Probably best if you are not sure about a product is to go to a seller with a gauranteed refund policy and excellent feedback. However remember that even with the DSR you would be responsible for return postage if you have merely changed your mind.

Bromley86

ormus. All distance transactions from businesses to individuals are included, except [some exceptions that include auctions]. Legally, eBay transactions are no different to mailorder, except that many of the transactions are private sellers (excluded) and auctions (excluded).

I might have just answered my own question there, as an offer is more like a fixed price sale than it is an auction .

As to enforcement, I assumed that PayPal would consider an argument involving the DSR if a dispute reaches the phase where they review it. Might not be the case though.