Auction items damaged
Discussion
I regularly purchase diecast models from auction houses. Not Ebay)
I recently purchased a number of items via auction from a well known online retailer of diecast models who i have bought a number of items in the past.
The total order was in excess of £1300.
On arrival, at least half of the models were damaged, most of which were just trim pieces which can be glued back into place with little effort so i'm not too concerned about those but 3 of them had more severe damage with render them worthless either for resale or a collectors point of view. Actual metal parts are broken and cannot be repaired, This isn't transit damage, the models are boxed and packed tightly in foam within their boxes so can't move around. One item wasn't boxed but wrapped only a small amount of bubble wrap, this particularly contributed to the damage. The company in question isn't selling other peoples items, they are their own products that are obviously end of line or trying to clear out for new stock. The items aren't second hand but usually new.
All the items were described as being in good condition.
They state on the auction that no claims for damages are acceptable under any circumstances, when i received the invoice via email they also state that they take no liability for items once they are shipped.
Now i can understand some small pieces being shaken loose whilst being shipped but a some of them are snapped clean off, there is no way that happens just by being shaken around, there is no damage to the boxes. The metal items have broken off, some in a number of places so i believe they were present before sale and the items not inspected beforehand, some of the pictures are from previous auctions months ago and reused.
Where do i stand now? Despite what the seller states about having no responsibility for damages etc surely i have some come back. The cost of the damaged items is around £300 plus whatever parts i have to buy to replace the smaller damaged items.
I recently purchased a number of items via auction from a well known online retailer of diecast models who i have bought a number of items in the past.
The total order was in excess of £1300.
On arrival, at least half of the models were damaged, most of which were just trim pieces which can be glued back into place with little effort so i'm not too concerned about those but 3 of them had more severe damage with render them worthless either for resale or a collectors point of view. Actual metal parts are broken and cannot be repaired, This isn't transit damage, the models are boxed and packed tightly in foam within their boxes so can't move around. One item wasn't boxed but wrapped only a small amount of bubble wrap, this particularly contributed to the damage. The company in question isn't selling other peoples items, they are their own products that are obviously end of line or trying to clear out for new stock. The items aren't second hand but usually new.
All the items were described as being in good condition.
They state on the auction that no claims for damages are acceptable under any circumstances, when i received the invoice via email they also state that they take no liability for items once they are shipped.
Now i can understand some small pieces being shaken loose whilst being shipped but a some of them are snapped clean off, there is no way that happens just by being shaken around, there is no damage to the boxes. The metal items have broken off, some in a number of places so i believe they were present before sale and the items not inspected beforehand, some of the pictures are from previous auctions months ago and reused.
Where do i stand now? Despite what the seller states about having no responsibility for damages etc surely i have some come back. The cost of the damaged items is around £300 plus whatever parts i have to buy to replace the smaller damaged items.
They can write whatever they like on their website and invoices but they will still be bound by the distance selling regulations and sale of goods act as appropriate.
Suggest contacting them for a refund of the damaged items or whole consignment; if you paid by credit card you’ve got another route to take.
Suggest contacting them for a refund of the damaged items or whole consignment; if you paid by credit card you’ve got another route to take.
oldcynic said:
They can write whatever they like on their website and invoices but they will still be bound by the distance selling regulations and sale of goods act as appropriate.
Suggest contacting them for a refund of the damaged items or whole consignment; if you paid by credit card you’ve got another route to take.
Thanks, that's what i was hoping. I wanted to get an opinion before i fired off an email to them and expecting a reply quoting their original statement regarding taking no responsibility etc. I just wasn't sure whether things were different when purchasing from an auction. Suggest contacting them for a refund of the damaged items or whole consignment; if you paid by credit card you’ve got another route to take.
They were paid for by credit card.
A500leroy said:
Please be aware auction houses are not bound by sales of goods act or distance guidelines, ( I work in one).
The seller should have given you a chance to view the items before purchasing to decide if they match the description but after that your on your own!
The auction house may not be liable, but the seller may be.The seller should have given you a chance to view the items before purchasing to decide if they match the description but after that your on your own!
Thanks for the info folks
Just to clarify:
The retailer is a diecast specialist, they have a website and online store. Every few months they sell a load of items via online auction. They use a sales platform (www.the-saleroom.com) but the items are held and sold by themselves. There is no auction house as such, similar to Ebay.
Every item does have pictures, some would appear to be stock photos and some (after some research) would appear to be from previous auctions where the item hasn't sold, because they're not selling for other people they will start prices high on some items and let it pass rather than sell it for cheaps.
This is one of the pictures:
Description: Tekno Verbeek Scania Silver Griffin | Scale: 1:50 | Model Code: 69784 | Certificate: Yes | Lot Condition: Good | Mirrors: New
All 3 mirrors were snapped clean off as well as a marker light. For this i'll have to redrill the holes to remove the broken plastic and purchase a replacement set. If they had just fallen out then you can blame it on the box being shaken around but as they are snapped off that is from handling. The fact it was described as good condition and mirrors being new surely means the item wasn't even looked at before being out up for sale. These models always have mirrors separate in a bag, never attached.
Another item has metal mudguards broken and part of the metal chassis cracked and loose. Again, items that would have been seen if they had opened the box prior to putting it up for sale, this particular one had 4 metal items that were broken yet it was described as good condition. It was in polystyrene so no way for it to move and get damaged in transit.
The other item wasn't boxed and had a broken kingpin where they had wrapped it in a small amount of bubble wrap while still attached to the tractor unit so it obviously flexed and snapped it off. For an experienced retailer who specialises in these products you would think they would know how to package items securely.
I'm aware and as A500leroy stated, the Sales of Goods Act doesn't apply in the same way for Auction Houses but as this wasn't actually an auction house, more a platform is this still the case? And the fact they described the items as good condition when they clearly weren't is this not misrepresentation? If they stated sold as seen then fair enough but they do not.
The part where they state once the items are collected by courier then they take no responsibility, they could state they were damaged in transit, surely they still have some responsibility, they can't just wash their hands of it. There was no option to purchase insurance so in theory the shipment could go missing and they could say tough luck?
Luckily the items weren't the most expensive but still annoying if they can just wash their hands of it, i appreciate auctions are buyer beware, i've done enough in the past.
Just to clarify:
The retailer is a diecast specialist, they have a website and online store. Every few months they sell a load of items via online auction. They use a sales platform (www.the-saleroom.com) but the items are held and sold by themselves. There is no auction house as such, similar to Ebay.
Every item does have pictures, some would appear to be stock photos and some (after some research) would appear to be from previous auctions where the item hasn't sold, because they're not selling for other people they will start prices high on some items and let it pass rather than sell it for cheaps.
This is one of the pictures:
Description: Tekno Verbeek Scania Silver Griffin | Scale: 1:50 | Model Code: 69784 | Certificate: Yes | Lot Condition: Good | Mirrors: New
All 3 mirrors were snapped clean off as well as a marker light. For this i'll have to redrill the holes to remove the broken plastic and purchase a replacement set. If they had just fallen out then you can blame it on the box being shaken around but as they are snapped off that is from handling. The fact it was described as good condition and mirrors being new surely means the item wasn't even looked at before being out up for sale. These models always have mirrors separate in a bag, never attached.
Another item has metal mudguards broken and part of the metal chassis cracked and loose. Again, items that would have been seen if they had opened the box prior to putting it up for sale, this particular one had 4 metal items that were broken yet it was described as good condition. It was in polystyrene so no way for it to move and get damaged in transit.
The other item wasn't boxed and had a broken kingpin where they had wrapped it in a small amount of bubble wrap while still attached to the tractor unit so it obviously flexed and snapped it off. For an experienced retailer who specialises in these products you would think they would know how to package items securely.
I'm aware and as A500leroy stated, the Sales of Goods Act doesn't apply in the same way for Auction Houses but as this wasn't actually an auction house, more a platform is this still the case? And the fact they described the items as good condition when they clearly weren't is this not misrepresentation? If they stated sold as seen then fair enough but they do not.
The part where they state once the items are collected by courier then they take no responsibility, they could state they were damaged in transit, surely they still have some responsibility, they can't just wash their hands of it. There was no option to purchase insurance so in theory the shipment could go missing and they could say tough luck?
Luckily the items weren't the most expensive but still annoying if they can just wash their hands of it, i appreciate auctions are buyer beware, i've done enough in the past.
Can the seller absolve themselves from blame for damage in transit? Do they offer a collection service, or an insurance service?
Anyway sounds as if many were not damaged in transit but before they even set off? If the mirrors are not normally fitted are they ex-display models? In which case are they described as such.?
Anyway sounds as if many were not damaged in transit but before they even set off? If the mirrors are not normally fitted are they ex-display models? In which case are they described as such.?
Nickyboy said:
Just to clarify:
The retailer is a diecast specialist, they have a website and online store. Every few months they sell a load of items via online auction. They use a sales platform (www.the-saleroom.com) but the items are held and sold by themselves. There is no auction house as such, similar to Ebay.
Surely, that can't be right...Tim said the items were owned by the Auction House! The retailer is a diecast specialist, they have a website and online store. Every few months they sell a load of items via online auction. They use a sales platform (www.the-saleroom.com) but the items are held and sold by themselves. There is no auction house as such, similar to Ebay.
With the clarification that the items were being sold by their owner, a business, that means this is a standard business-consumer transaction, which opens up several avenues of rectification. The easiest one is Section 75, provided the items were paid for using credit. If that is the case, contact the bank that provided the credit and demand that they compensate you. As they are liable to the same extent as the merchant, the easiest way for them to deal with such a demand is to refund the money you paid, and use their financial leverage over the merchant to cover themselves. In theory, they could refuse, but that would be highly unusual (unless a third party payment processor had been involved, e.g., PayPal).
Ok so i have had a reply back from the company as as expected they reiterated the fact all sales are final etc etc.
They also stated that due to the size of the auction (over 1000 lots) they cannot open and critique each item before putting it up for sale. If this is the case they cannot surely sell goods as being in good condition if they haven't even looked at the items. Especially as they do not state the goods are sold as seen.
They also stated that due to the size of the auction (over 1000 lots) they cannot open and critique each item before putting it up for sale. If this is the case they cannot surely sell goods as being in good condition if they haven't even looked at the items. Especially as they do not state the goods are sold as seen.
I do not know the law on this one. But there seem 2 options:
a) Their T&Cs are deliberately ignoring their legal obligations
b) Their T&Cs are legal and they are making sure you haven't got a leg to stand-on when whatever they sell you.
Either way, I would choose not to do business with them, unless it was very very cheap.
a) Their T&Cs are deliberately ignoring their legal obligations
b) Their T&Cs are legal and they are making sure you haven't got a leg to stand-on when whatever they sell you.
Either way, I would choose not to do business with them, unless it was very very cheap.
Nickyboy said:
Ok so i have had a reply back from the company as as expected they reiterated the fact all sales are final etc etc.
They also stated that due to the size of the auction (over 1000 lots) they cannot open and critique each item before putting it up for sale. If this is the case they cannot surely sell goods as being in good condition if they haven't even looked at the items. Especially as they do not state the goods are sold as seen.
You could point out that they are not, in fact, above the law, but I wouldn't bother at this point. Go to the credit provider and mention that the merchant has refused to act, so you are holding the credit provider liable for the breach of contract/misrepresentation of the merchant, pursuant to Section 75 of the Consumer Credit Act 1974.They also stated that due to the size of the auction (over 1000 lots) they cannot open and critique each item before putting it up for sale. If this is the case they cannot surely sell goods as being in good condition if they haven't even looked at the items. Especially as they do not state the goods are sold as seen.
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