Item received from auction completely different to what was shown/described (Raw Returns)

chrissatchell

So I do a lot of buying from a less known online auction website, and I purchase a lot of returns/untested items from a business and get them delivered to me. I understand the risk that things might not work, but on occasion I've received something completely different to what the image shows and what the description says. For example, I won a camping chair, but received a set of table legs. The auction house just reply saying there's nothing they can do and send their t&c's:

"Unfortunately we are unable to process a refund/return on any item purchased via the auction.
All Items are Unchecked/Untested Raw Returns, Auctioned as Salvage Unless Stated otherwise. Everything sells as-is with no guarantee or warranty expressed or implied. Inspection prior to bidding is strongly recommended. Item descriptions may not accurately reflect the condition or contents of an item. No warranty, guarantee, condition, service/installation, subscription, or trial is included in the purchase. The condition of auction items is entirely the responsibility of the winning bidder.
 
Items may come in a variety of conditions - missing parts/ broken/used/new
 
Please note for future bidding all items are available for viewing prior to bidding, if you can not make it to the auctions to view we can provide an appraisal upon request.."

You can attend the auction place for viewings, but it's too far for me and I often bid on 100's of items a week across their multiple auctions. It can take as long as 11 days for them to reply to an email and they only list the items a few days before the auction ends, so getting an online appraisal for one item would be almost impossible, let alone 100-150 items per auction (there's around 7x auctions per week from this company).

Does the Sale of Goods Act apply at all in this circumstance? I know they're classed as second hand so the 'brand new' factor of SGA doesn't apply, they offer 'appraisals' but never would respond in time so that's pointless, surely their t&c's don't completely void the section of the SGA that says items must match it's description? Or else they could advertise a ferrari, even showing pictures of one, but send you a paperclip?

ButterCheese

I'm surprised they can operate in such a way, as their T&Cs seem to be trying to get around the sale of goods act.  It sounds like a very dysfunctional and unregulated auction site.  I would be asking myself is it worth my time to query this?  If so, go back to the auction site and paste the relevant wording from the SGA and demand either:

A full refund for the camping chair, and postage costs to send the table legs back

The camping chair to be delivered and postage costs covered to send the table legs back

State that you want a response and resolution within 7 days, otherwise you will report it to trading standards (or insert relevant governing body).

It depends on how much money you make doing this, but I would question if i wanted to continue working with these people.

RFW

chrissatchell said:

You can attend the auction place for viewings, but it's too far for me and I often bid on 100's of items a week across their multiple auctions. It can take as long as 11 days for them to reply to an email and they only list the items a few days before the auction ends, so getting an online appraisal for one item would be almost impossible, let alone 100-150 items per auction (there's around 7x auctions per week from this company).

Does the Sale of Goods Act apply at all in this circumstance? I know they're classed as second hand so the 'brand new' factor of SGA doesn't apply, they offer 'appraisals' but never would respond in time so that's pointless, surely their t&c's don't completely void the section of the SGA that says items must match it's description? Or else they could advertise a ferrari, even showing pictures of one, but send you a paperclip?

First, I used to be an auctioneer with my own auction house so have a bit of knowledge. Although I was less online than everyone is now.

I've put in bold the two salient points there. However, this doesn't give the auction house carte blanche to take the mick. So, on an extreme example, if I buy a 2024 plate Mercedes and then send me a 1983 Datsun, they can't say buyer beware and get away with it.

The next bit, The Sale of Goods Act was largely replaced by the Consumer Rights' Act in 2015. The problem with either of those is that, as far as I can tell, you are buying as a business so aren't a consumer. If you are buying items to fix and use yourself then you could ask Trading Standards for assistance. They won't help you much if you tell them you're doing it as a business/side hustle. If you do let them know you're a business they may still look into it and/or advise you to see a solicitor or maybe report fraud to the police. That would depend on the level of wrong doing.
When I was in that business I had frequent visits from Trading Standards, they've always taken a keen interest in auction houses. Whilst I never fell foul of them I know a few who have and they have similar powers of arrest and prosecution to the police, so worth getting in touch with them
On a final point, most T&Cs, especially for auction houses, aren't worth anything. The law is the law. Unfortunately if you're acting as a business then you may have to pay for legal action to find that out.