eBay Timewasters
Poll: eBay Timewasters
Total Members Polled: 16
Discussion
So at present there's absolutely tonnes of ebay timewasters, especially when selling a car. Do people reckon there is a market for a new online car auction website, that follows the same format, however to bid you have to fully sign up, account details the lot. On bidding you are charged a fee, this fee isn't refundable unless you don't win the car. i.e as soon as you have sold your car to a highest bidder then you automatically receive a deposit via a charge through the bidder? What do people reckon? You then build up trading feedback and you filter out the time wasters
Strawman said:
The non refundable deposit would be against EU distance selling regulations.
I'd have thought so too, but then found this....?
Out-Law said:
http://www.out-law.com/page-430#Exempt]
Exempt distance contracts
The Regulations do not apply to all distance contracts and there are a number of exemptions from some or all of the provisions of the Regulations.
The Regulations do not apply to:
- most contracts for the sale or transfer of land or for building on land, except short rental agreements;
- contracts for the supply of financial services;
- contracts concluded by means of an automated vending machine or automated commercial premises (e.g. pictures taken from an automated photo booth);
- contracts by telephone through the use of public pay-phones; or
- contracts concluded at auction (although OFT guidance on the Regulations suggests that it must be a genuine auction in order to qualify for the exemption – "buy it now" slots on internet auction sites will not be exempt as such sales are not concluded by a process of auction).
What constitutes a genuine auction?Exempt distance contracts
The Regulations do not apply to all distance contracts and there are a number of exemptions from some or all of the provisions of the Regulations.
The Regulations do not apply to:
- most contracts for the sale or transfer of land or for building on land, except short rental agreements;
- contracts for the supply of financial services;
- contracts concluded by means of an automated vending machine or automated commercial premises (e.g. pictures taken from an automated photo booth);
- contracts by telephone through the use of public pay-phones; or
- contracts concluded at auction (although OFT guidance on the Regulations suggests that it must be a genuine auction in order to qualify for the exemption – "buy it now" slots on internet auction sites will not be exempt as such sales are not concluded by a process of auction).
Strawman said:
The non refundable deposit would be against EU distance selling regulations.
I'd have thought so too, but then found this....?
Out-Law said:
http://www.out-law.com/page-430#Exempt]
Exempt distance contracts
The Regulations do not apply to all distance contracts and there are a number of exemptions from some or all of the provisions of the Regulations.
The Regulations do not apply to:
- most contracts for the sale or transfer of land or for building on land, except short rental agreements;
- contracts for the supply of financial services;
- contracts concluded by means of an automated vending machine or automated commercial premises (e.g. pictures taken from an automated photo booth);
- contracts by telephone through the use of public pay-phones; or
- contracts concluded at auction (although OFT guidance on the Regulations suggests that it must be a genuine auction in order to qualify for the exemption – "buy it now" slots on internet auction sites will not be exempt as such sales are not concluded by a process of auction).
What constitutes a genuine auction?Exempt distance contracts
The Regulations do not apply to all distance contracts and there are a number of exemptions from some or all of the provisions of the Regulations.
The Regulations do not apply to:
- most contracts for the sale or transfer of land or for building on land, except short rental agreements;
- contracts for the supply of financial services;
- contracts concluded by means of an automated vending machine or automated commercial premises (e.g. pictures taken from an automated photo booth);
- contracts by telephone through the use of public pay-phones; or
- contracts concluded at auction (although OFT guidance on the Regulations suggests that it must be a genuine auction in order to qualify for the exemption – "buy it now" slots on internet auction sites will not be exempt as such sales are not concluded by a process of auction).
BUT this flies in the face of the current situation where the is discussion about "contracts" via eBay, and if they are legally binding or not...
Edited by Gallen on Thursday 12th September 10:14
Perhaps this charge could be levied under the initial agreement, that in order to "pay to bid", the cost of bidding is calculated at % of final value.
That way the "cost" is actually relating to the act of placing a bid, and not as a deposit for goods.
...just a thought
[edited - typo]
That way the "cost" is actually relating to the act of placing a bid, and not as a deposit for goods.
...just a thought
[edited - typo]
Edited by Gallen on Thursday 12th September 11:14
Gallen said:
What constitutes a genuine auction?
BUT this flies in the face of the current situation where the is discussion about "contracts" via eBay, and if they are legally binding or not...
I know an auction that is being run physically and allows internet bidding as well does constitute a genuine auction, and bids placed electronically can be enforced if the party doesn't pay. Not sure about Ebay auctions, AFAIK cars and property are a different category to other goods and bids are not enforceable according to Ebay themselves.BUT this flies in the face of the current situation where the is discussion about "contracts" via eBay, and if they are legally binding or not...
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