Incorrect size details for online auction house listing... Right of return?

Treadway1

Afternoon all,

Looking for a little advice from any legal minded individuals, please.

I recently had the winning bid on some cycling shoes from an online auction house. The listing stated that the shoes were UK size 4 (they were for my son.. I don't have tiny feet! ) but now they've arrived today, they're actually UK size 12 3/4 (which, as an aside, is a weirdly specific shoe size, but assume it's due to the EU size being 48, which is neither 12 nor 13, but I digress...).

The label on the box says  '12 3/4 UK', so can only assume the auction house employee who entered the sizing info, has seen the last 4 of the '3/4' and mistakenly thought that was the size. 

Before I email them to ask what can be done, I always like to be in full knowledge of my rights, as I'm aware that this particular auction house can be a bit sticky in regards to returns.

I'm also aware that buying goods form an auction house may not be covered by much of the CRA 2015, however having done a bit of digging, I've found the below in Part 1, Chapter 2, Sec. 2 (5) and (6), which state:

2...

(5 )For the purposes of Chapter 2, except to the extent mentioned in subsection (6), a person is not a consumer in relation to a sales contract if—

           (a)the goods are second hand goods sold at public auction, and

           (b)individuals have the opportunity of attending the sale in person.

(6) A person is a consumer in relation to such a contract for the purposes of—

           (a)sections 11(4) and (5), 12, 28 and 29, and

           (b)the other provisions of Chapter 2 as they apply in relation to those sections.

In the FAQ section of the website, one of the questions states:

Are items new or second hand?

Lots in our sale can be new, second hand, returns, salvaged, ex display as well as coming from other various other backgrounds

There is nothing on the listing for the shoes I bought to suggest what particular state of new-ness they are. Also, whilst the auction house offers the opportunity to view the items prior to the sale, it doesn't say that the auction itself can be attended in person. In fact all of the FAQs regards bidding state that you must register on the website to 'enter the online auctions and bid'. There is no mention of how to attend an auction in person.

As such, can I claim that I am a consumer by virtue of the fact that the item is brand new, in the box and unworn and also that there is no opportunity to attend the sale in person?

If not and, for this purpose, I am not considered a 'consumer', can I still use the clause in (6)(a), which points to Section 11(4), which states:

11...

 (4)Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract.

To my non legal mind, this retains the 'must be as described' portion of the CRA, even though I'm not legally a consumer when purchasing at an auction house in this circumstance.

I am completely ready to be told that I've misinterpreted the law here though and I have my big boy pants on, so feel free to tell me to suck it up and deal with the loss, if I have no recourse.

Thanks very much in advance for any advice anyone can give.

Alderbank

What's the website of the Auction House?

Treadway1

Alderbank said:

What's the website of the Auction House?

www.johnpyeauctions.co.uk

Olinda99

jumping the gun maybe? how about a nice email explaining what happened ?

Treadway1

Olinda99 said:

jumping the gun maybe? how about a nice email explaining what happened ?

I would but, as I say, I know from others who've tried to do the same but have received a curt response along the lines of 'sorry, we're an auction house. It's on you', so just wanted to get my ducks in a row first.

boobyd

Op contact them.
I found them very good when I complained about an item I won,they agreed the picture/ description was completely wrong.
I returned and they refunded