John Pye

RFW

This is what you sign up to when bidding at John Pye and any auction I know of.

The Buyer acknowledges and accepts that, save as set out in section 2(6) of the Consumer
Rights Act 2015, the Contract is for the sale of the Lot by public auction, which is not a
consumer contract for the purposes of the Consumer Rights Act 2015. To the fullest extent
permitted by law all express and implied warranties and conditions are excluded from the
Contract.

sharpeydl

I meant if it was broken. Basically I've read horrendous reviews about John Pye and lots of posts have argued that people should look at the items before bidding and should definitely not buy electrical goods as they are usually broken. I'm trying to work out whether I was lucky or whether I should carry on buying from John Pye Auctions. As the information from a trading standards department makes clear John Pye do have to sell you items that work unless they state the item doesn't work and you have 30 days to reject the goods and get a refund. 

Plus if John Pye had bought the items to then resell the claim would be against John Pye as they own the goods in the auction.

RFW

sharpeydl said:

The problem with John Pye Auctions is that they lump returns, ex display and second hand all in the same auction. If they separated the items then people would know what they are buying. All they'd have to do is ask the retailer which category the item falls in. Even if they made sure the pictures were actually of the item instead of having a T&C that states the pictures might not be of the actual item then that would make it less of a lottery. 

If the retailer had time to grade the goods in conditions they wouldn't be using an auction house to get rid of it.

The retailer wants to get rid of items that clog up their space. The auctioneer's job is to sell it. If you want a tried and tested item with a guarantee that it is working then buy of the people who do that. The auctioneer is generally not that outlet (some do grade stuff these days but often they've bought from a third party rather than handling or purchasing from the retailer.

sharpeydl

RFW said:

This is what you sign up to when bidding at John Pye and any auction I know of.

The Buyer acknowledges and accepts that, save as set out in section 2(6) of the Consumer
Rights Act 2015, the Contract is for the sale of the Lot by public auction, which is not a
consumer contract for the purposes of the Consumer Rights Act 2015. To the fullest extent
permitted by law all express and implied warranties and conditions are excluded from the
Contract.

T&Cs can't override the law. According to the website of a trading standards department I shared you are still covered by parts of the Consumer Rights Act. 

RFW

Any images of the Lot (whether on the Website, in the Important Notes, in brochures, in
catalogues or otherwise) are for illustrative purposes only and the Lot may vary from those
images. The Lot may comprise of second-hand items, raw returns, repossessed goods and
seized goods. The Lot is sold as seen with no grading or guarantee given, and are sold
subject to any faults, defects and imperfections which may subsist at the time of the sale.

The above is from their conditions of sale. All items should be considered as seconds thus exempting them from the Consumer Rights' Act 2015.
It's up to the buyer whether they consider it new or not. In the case of an ex display item and the terms above there's no way that a small claims court would ever consider an item like the aforementioned coffee machine as being sold as new.
I have been to an auction (not of anyone mentioned here) where the auctioneer, which has long since ceased trading, sold an item as new and they were obviously not. They weren't described in the catalogue as new, it was the auctioneer who stated it when the items came up for bids. Now if someone had recorded that they could have some reproach and a leg to stand on.

y3sitsm3

sharpeydl said:

RFW said:

This is what you sign up to when bidding at John Pye and any auction I know of.

The Buyer acknowledges and accepts that, save as set out in section 2(6) of the Consumer
Rights Act 2015, the Contract is for the sale of the Lot by public auction, which is not a
consumer contract for the purposes of the Consumer Rights Act 2015. To the fullest extent
permitted by law all express and implied warranties and conditions are excluded from the
Contract.

T&Cs can't override the law. According to the website of a trading standards department I shared you are still covered by parts of the Consumer Rights Act. 

Your link was not particularly applicable to the situation here.  It was specifically about internet auctions and (online) marketplaces which are a little different to physical auction houses, although there are some similarities.

The main one being that just like you have no consumer rights against eBay, you (almost certainly) will not have any against John Pye as they will not be the seller, merely an intermediary, just like eBay.

If you are worried about the goods on sale in the auction, the most sensible thing is to not buy at auction.  There is a reason why these goods will be cheaper, enforcing any consumer rights you might have will be a pain in the backside, so people bid less.

RFW

sharpeydl said:

RFW said:

This is what you sign up to when bidding at John Pye and any auction I know of.

The Buyer acknowledges and accepts that, save as set out in section 2(6) of the Consumer
Rights Act 2015, the Contract is for the sale of the Lot by public auction, which is not a
consumer contract for the purposes of the Consumer Rights Act 2015. To the fullest extent
permitted by law all express and implied warranties and conditions are excluded from the
Contract.

T&Cs can't override the law. According to the website of a trading standards department I shared you are still covered by parts of the Consumer Rights Act. 

That's true enough. Which part of the law are you suggesting the company are overriding?

RFW

y3sitsm3 said:

sharpeydl said:

RFW said:

This is what you sign up to when bidding at John Pye and any auction I know of.

The Buyer acknowledges and accepts that, save as set out in section 2(6) of the Consumer
Rights Act 2015, the Contract is for the sale of the Lot by public auction, which is not a
consumer contract for the purposes of the Consumer Rights Act 2015. To the fullest extent
permitted by law all express and implied warranties and conditions are excluded from the
Contract.

T&Cs can't override the law. According to the website of a trading standards department I shared you are still covered by parts of the Consumer Rights Act. 

Your link was not particularly applicable to the situation here.  It was specifically about internet auctions and (online) marketplaces which are a little different to physical auction houses, although there are some similarities.

The main one being that just like you have no consumer rights against eBay, you (almost certainly) will not have any against John Pye as they will not be the seller, merely an intermediary, just like eBay.

If you are worried about the goods on sale in the auction, the most sensible thing is to not buy at auction.  There is a reason why these goods will be cheaper, enforcing any consumer rights you might have will be a pain in the backside, so people bid less.

If you were referring to something I quoted then it was applicable to physical auctions. They have always had disclaimers that they aren't consumer sales. If you think otherwise consult with Trading Standards before attending, or bidding online, at an auction.
The ability to check items in person before bidding leaves buyers at a physical auction (even if bidding online) with fewer rights than those on Ebay. Plus, of course, Ebay offer their own level of protection.

y3sitsm3

RFW said:

y3sitsm3 said:

sharpeydl said:

RFW said:

This is what you sign up to when bidding at John Pye and any auction I know of.

The Buyer acknowledges and accepts that, save as set out in section 2(6) of the Consumer
Rights Act 2015, the Contract is for the sale of the Lot by public auction, which is not a
consumer contract for the purposes of the Consumer Rights Act 2015. To the fullest extent
permitted by law all express and implied warranties and conditions are excluded from the
Contract.

T&Cs can't override the law. According to the website of a trading standards department I shared you are still covered by parts of the Consumer Rights Act. 

Your link was not particularly applicable to the situation here.  It was specifically about internet auctions and (online) marketplaces which are a little different to physical auction houses, although there are some similarities.

The main one being that just like you have no consumer rights against eBay, you (almost certainly) will not have any against John Pye as they will not be the seller, merely an intermediary, just like eBay.

If you are worried about the goods on sale in the auction, the most sensible thing is to not buy at auction.  There is a reason why these goods will be cheaper, enforcing any consumer rights you might have will be a pain in the backside, so people bid less.

If you were referring to something I quoted then it was applicable to physical auctions. They have always had disclaimers that they aren't consumer sales. If you think otherwise consult with Trading Standards before attending, or bidding online, at an auction.
The ability to check items in person before bidding leaves buyers at a physical auction (even if bidding online) with fewer rights than those on Ebay. Plus, of course, Ebay offer their own level of protection.

No, I was referring to the link that the OP posted earlier.

RFW

y3sitsm3 said:

No, I was referring to the link that the OP posted earlier.

Thanks. It's hard to tell with all the quotes.