Advice on Supreme Auctions terms and conditions, before court action

sonearandyetsofa

That company are notorious, and you absolutely would not be the first to have to take them to small claims court. In my personal experience doing so, they waited until the claim was begun and then issued a refund. However, in this case, I think you may struggle if you are arguing over the definition of "returns". As a retailer, I'd say "Returns" can include all kinds of junk that no one would really want to purchase - broken items, incorrect items, items returned for a warranty repair that were not eligible. Arguably it could include items returned fraudulently, which then stretches the definition to include whatever someone chose to put in a box and send back. And that's assuming that the camera is as you say, absolutely 100% was returned outside of the warranty period. People are capable of amazing and astonishing feats of abuse and misuse, even in a relatively small amount of time.

That said, just writing "trade only, you become trade by bidding" doesn't necessarily make it legal. The platform you bid on is open to the public, I presume you didn't have to tick any boxes saying "I am a business" and that they never checked this. You didn't provide any business details to them. That could potentially give you change of mind return rights, exactly as if you were buying on eBay from a business. Likely worthwhile speaking to trading standards for advice.

nonlinear

Thanks for your comments, apologies for late reply.

Would you mind me asking on what grounds you won against them? I'm not in retail, and most peoples concept of returns I think is different to your description. I'm assuming any registered business would count as "trade", so the terms should not rely on insider knowledge of arcane language. They do not define the term "return" so I argue common usage should apply.

Unfortunately it is impossible these days to contact Trading Standards directly, you have to go through Citizens advice. I spoke to them today, and they don't have the specialist knowledge I require.

I can check the serial number of the Nikon to determine it's age. Much of the textured surface of the body has been worn smooth, so it really has been used a lot.

soolin

https://forums.moneysavingexpert.com/discussion/comment/81934611#Comment_81934611

Just to clarify one point, I ‘trade’ as a sole trader but I’m not registered with anyone other then HMRC. I am still a business seller though.

nonlinear

https://forums.moneysavingexpert.com/discussion/comment/81934667#Comment_81934667

Absolutely, and not all business users can be expected to be familiar with the arcane language used by auction houses. Most people outside the auction trade would not know that "returns" can mean items that did not sell at a previous auction.

I went back and looked at the auction and there were 280 items for sale, and only 4 sold, all at the opening price. To my shame, that mug was me. I'm certain now these are computer generated auctions, endlessly cycling unsold tat until it sells. I don't know how much the Bidspotter platform charge per auction, but if they take a percentage then it's effectively free for supreme auctions to do this.