distance selling question
distance selling question
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MrJuice

Original Poster:

3,770 posts

185 months

Monday 18th July 2022
quotequote all
If a company takes in items from members of the public and lists them for sale on a website, do distance selling regs apply?

I was thinking maybe they don't apply because the company is not selling its own stock but rather items owned by a third party. The company does not say who the items belong to but do have contracts with the people sending their items in for sale.

My question is, let's say the company sells an item on behalf of a seller and charges a fee for this, does the buyer have a right to return the item under the latest guise of the distance selling rules/regs/law or does that not apply because the item is owned by a third party private seller?

Thank you!

Canon_Fodder

1,775 posts

92 months

Monday 18th July 2022
quotequote all

I would ask the question to 'the company' directly and see what they say.

MrJuice

Original Poster:

3,770 posts

185 months

Monday 18th July 2022
quotequote all
I did ask

for those interested, the company is sub dial, a watch seller. I was looking at selling a watch through them but they say that if the watch sells, they sit on the money for 2 weeks in case the buyer returns the item.

That seems incorrect because they are selling my item, not theirs. They charge 10% commission to sell but the item always belongs to me, never to them.

I think they might be operating more cautiously than they need.

Canon_Fodder

1,775 posts

92 months

Monday 18th July 2022
quotequote all
Their gaff their rules

DaveA8

749 posts

110 months

Monday 18th July 2022
quotequote all
I think serious consideration needs to be given to sending any item on sale or return or any such basis to a Re seller.
Anyone who has have the joy of dealing with Insolvency Practitioners will no doubt know what I mean, possession is 9/10ths etc
Not a comment on this specific company

NGee

2,924 posts

193 months

Monday 18th July 2022
quotequote all
MrJuice said:
I did ask

for those interested, the company is sub dial, a watch seller. I was looking at selling a watch through them but they say that if the watch sells, they sit on the money for 2 weeks in case the buyer returns the item.

That seems incorrect because they are selling my item, not theirs. They charge 10% commission to sell but the item always belongs to me, never to them.

I think they might be operating more cautiously than they need.
This seems perfectly sensible to me.

If I bought something from a company that didn't work, not as described, etc I would expect the seller to sort the problem out or refund in full.
Personally I couldn't give a st who owns it - I bought it from a dealer.

If you want to sell something on your terms, then fine, sell it yourself.

coyft

5,368 posts

240 months

Monday 18th July 2022
quotequote all
A business is selling the watch on your behalf, therefore distance selling regulations apply, assuming it’s not sold via auction.

MrJuice

Original Poster:

3,770 posts

185 months

Monday 18th July 2022
quotequote all
How and why would auction change anything?

my other option is to send the watch to auction through watch collecting..

Canon_Fodder

1,775 posts

92 months

Monday 18th July 2022
quotequote all
Auctions are exempt from certain aspects of consumer protection laws.

MrJuice

Original Poster:

3,770 posts

185 months

Friday 29th July 2022
quotequote all


This is quite interesting. Basically means consumer has right of return on any online auction. I looked at the watch collecting t+c and they don't mention this. Unsurprising because it would create a lot of hassle for them if buyers started backing out all the time.

coyft

5,368 posts

240 months

Friday 29th July 2022
quotequote all
MrJuice said:


This is quite interesting. Basically means consumer has right of return on any online auction. I looked at the watch collecting t+c and they don't mention this. Unsurprising because it would create a lot of hassle for them if buyers started backing out all the time.
eBay would disagree with that interpretation.




https://www.ebay.co.uk/help/policies/selling-polic...