StockX - Query around Cancellation/Distance Selling

Justme2020

Evening all,

For those of you not in the know, there is an online marketplace, www.stockx.com where buyers and sellers operate, similar to eBay.

A seller lists a product and their asking a price, a buyer enters a bid and eventually a sale may automatically complete when the price is agreed. Note: buyers and sellers retain their anonomity and never communicate directly.
When an 'ask' is matched, the seller posts the item to StockX who verify it is genuine, then forward the item from their hub to the buyer.
StockX insist that once an 'ask' is met, it cannot be cancelled or retracted and that there is a strict "no returns policy". Being that this is an item one buys online, should the buyer not have the right to cancel the transaction under the Consumer Contracts Regulations?

(I hope this is in the right place)

Thanks!

MH1927

StockX appear to be a US (Detroit, Michigan) organisation, so not subject to the CCR's.

However they are just a marketplace but you have no idea who you have actually purchased from (Business or Individual) as that is the exact reason the site exists. So you have no idea what legal rights apply.

Honestly if you want protection from UK Laws use a UK Company. StockX is definitely one to avoid!

Justme2020

MH1927 said:

StockX appear to be a US (Detroit, Michigan) organisation, so not subject to the CCR's.

However they are just a marketplace but you have no idea who you have actually purchased from (Business or Individual) as that is the exact reason the site exists. So you have no idea what legal rights apply.

Honestly if you want protection from UK Laws use a UK Company. StockX is definitely one to avoid!

They're UK registered and also 'match' UK buyers and sellers.

I thought anything bought online was subject to CCR's or gave a buyer protection, regardless or origin?

theonlywayisup

Justme2020 said:

MH1927 said:

StockX appear to be a US (Detroit, Michigan) organisation, so not subject to the CCR's.

However they are just a marketplace but you have no idea who you have actually purchased from (Business or Individual) as that is the exact reason the site exists. So you have no idea what legal rights apply.

Honestly if you want protection from UK Laws use a UK Company. StockX is definitely one to avoid!

They're UK registered and also 'match' UK buyers and sellers.

I thought anything bought online was subject to CCR's or gave a buyer protection, regardless or origin?

No, not everything.  CCRs are for consumers and is UK legislation.  If you are a business or trading with a company outside of the UK then CCR don't apply. 

I can't find anything on that site that suggests even vaguely that they are in the UK.  That said, it's not the easiest site to view on Safari and jumps all over the place.

Do you have a more specific question - did you purchase and run into difficulty?

I just clicked their FB page and it aint pretty. 

Justme2020

theonlywayisup said:

Justme2020 said:

MH1927 said:

StockX appear to be a US (Detroit, Michigan) organisation, so not subject to the CCR's.

However they are just a marketplace but you have no idea who you have actually purchased from (Business or Individual) as that is the exact reason the site exists. So you have no idea what legal rights apply.

Honestly if you want protection from UK Laws use a UK Company. StockX is definitely one to avoid!

They're UK registered and also 'match' UK buyers and sellers.

I thought anything bought online was subject to CCR's or gave a buyer protection, regardless or origin?

No, not everything.  CCRs are for consumers and is UK legislation.  If you are a business or trading with a company outside of the UK then CCR don't apply. 

I can't find anything on that site that suggests even vaguely that they are in the UK.  That said, it's not the easiest site to view on Safari and jumps all over the place.

Do you have a more specific question - did you purchase and run into difficulty?

I just clicked their FB page and it aint pretty. 

They definitely have a UK entity; https://find-and-update.company-information.service.gov.uk/company/11474685
My query was just that an old 'offer' I had on a product got accepted (I'd forgotten to cancel the offer). I was tempted to ask them to cancel it, but they flat out refuse in their policy. I then thought I'd be able to return the item within 14 days, but seems like that won't be an option either.
They pretty much just encourage you to then try to resell said item

MH1927

That's a different company to the company that runs the website! And they aren't the entity that you contract too; remember it's the anonymous third party.

In addition it appears to be a registered to a correspondence address, virtually all the directors are based in Detroit. The only UK entity is a company that is a registered appointee on over 2000 other companies currently; all of which appear to be registered  to the same couple of tiny offices!!!

 EDIT: 553 registered companies at 5 New Street Square

Justme2020

MH1927 said:

That's a different company to the company that runs the website! And they aren't the entity that you contract too; remember it's the anonymous third party.

In addition it appears to be a registered to a correspondence address, virtually all the directors are based in Detroit. The only UK entity is a company that is a registered appointee on over 2000 other companies currently; all of which appear to be registered  to the same couple of tiny offices!!!

 EDIT: 553 registered companies at 5 New Street Square

Same company (Josh Luber, ex-CEO), but unsure why they have a registered presence at Companies House.

MH1927

No, a wholly separate legal entity. The UK company is called StockXUK LTD, the US company is StockX LLC and they are the company running the website.

If you download the PDF (from companies house) entitled "Total exemption full accounts", Dated 12th January 2021 and then read Page 13, item 9 it tells you its a seperate company, indeed if you look at item 8 it highlights there is a string of different companies bearing various StockX branding. It's exactly the same with Amazon, McDonalds, Starbucks etc.

George_Michael

Even though the website is run by a US company, they do state that the 14 right of cancellation for EU countries and the UK still applies:
StockX Terms and Conditions

European Countries (including the United Kingdom)

The following Country-Specific Terms apply to all European countries (and the United Kingdom when the United Kingdom leaves the European Union), in addition to any other Country-Specific Terms which are set out underneath the specific country below. To the extent there are any conflicts between these European Country-Specific Terms and the specific country terms, the country specific revisions will apply.

"You may cancel an order at any time before your order is delivered and up to 14 days afterwards, beginning on the day after your order (in its entirety) is delivered to you or, if you opt (where available) to collect it from one of the collection points offered by the courier and that collection point is managed by a third party other than the courier (for example, a local convenience store), the day after it is delivered to that third party. If you cancel, you will receive a full refund of the price paid for the item(s) in accordance with the refunds policy (see below).

However, if they refuse to abide by this, actually enforcing it may be very hard and expensive.

MH1927

But you don't know if you have purchased anything from StockX, or a third party! The contract is between the OP and the anonymous seller, who may be an individual giving no right to cancel under the CCR's. 

I'm fairly certain that this wouldn't be legal in the UK, I seem to remember that there is proscribed information that must be provided as part of the transaction and that cannot happen if the seller is anonymous.

It does highlight this if you read the bullet point above the one you have quoted

born_again

Justme2020 said:

Evening all,

For those of you not in the know, there is an online marketplace, www.stockx.com where buyers and sellers operate, similar to eBay.

A seller lists a product and their asking a price, a buyer enters a bid and eventually a sale may automatically complete when the price is agreed. Note: buyers and sellers retain their anonomity and never communicate directly.
When an 'ask' is matched, the seller posts the item to StockX who verify it is genuine, then forward the item from their hub to the buyer.
StockX insist that once an 'ask' is met, it cannot be cancelled or retracted and that there is a strict "no returns policy". Being that this is an item one buys online, should the buyer not have the right to cancel the transaction under the Consumer Contracts Regulations?

(I hope this is in the right place)

Thanks!

So just who did you pay for the item?
End seller of StockX