Distance Selling Regs - Car / Bike Sales

[KTMsm]

I have recently started selling used motorcycles as a part time trader

I believe the distance selling regs effectively mean that people can change their mind within 14 days and I have to give them a full refund - consequently I have declined to sell to anyone who won't visit

However I have someone who is adamant that they want a bike I'm selling - he says he's willing to waive his rights but I don't think he can - is there any way around this ?

Is this why some dealers charge an admin fee as that isn't refundable ?
Does it matter if he arranges / pays for the delivery ?

I don't object to a refund if it's not as described but I can't afford to pay £250 delivery & £250 collection, it's only a £3k bike but it's an unusual spec / low mileage

[StuntmanMike]

Just my 2p’s worth.

My wife is a sole trader, whenever she bends over backwards to please clients ( pnarr pnarr ) they are the ones that always sting her.

Personally I’d refuse the request.

[mad4amanda]

No,No and No!

[48k]

If you think you want something bad enough you'll make the effort to go and see it in the flesh.

[TonyF1]

Easy solution, they arrange their own courier for collection. I’ve done this as a private individual for a fragile and odd shape item (set of roof bars and storage).

It may be different as you are a trader unless you are allowed to have an item sold as seen.

[BertBert]

Why would you pay for delivery and collection (if he wants to send it back)?

[anonymous-user]

A point of detail that is sometimes overlooked by some websites that deal with consumer protection:-

What people usually call the Distance Selling Regulations (full title: The Consumer Protection (Distance Selling) Regulations 2000) were superseded on 13 June 2014. They were replaced from that date by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These include the currently effective rules about distance selling.

The old rules are still on the legislation website, but - whether trader or consumer - you need to look at the current rules if you have a distance selling problem arising from a sale on or after 13 June 2014.

[oblio]

Put the price up to £3.5k to cover the worst case and see if he is still adamant he wants it then.

[KTMsm]

Breadvan72 said:

What people usually call the Distance Selling Regulations (full title: The Consumer Protection (Distance Selling) Regulations 2000) were superseded on 13 June 2014. They were replaced from that date by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These include the currently effective rules about distance selling.

The old rules are still on the legislation website, but - whether trader or consumer - you need to look at the current rules if you have a distance selling problem arising from a sale on or after 13 June 2014.

Thanks I have been googling and have found most websites are even further out of date than that

If everyone used their full consumer rights there would be no businesses left in operation

It's easy to see why many traders are stating they are selling on trade terms, albeit I'm aware that is illegal too

[anonymous-user]

Websites about contract law and about consumer rights are often misleading. For example, it is sometimes suggested (1) that the Sale of Goods Act 1979 has been repealed, and (2) that the 1979 Act has no application to private sales. In fact: (1) although parts of the 1979 Act have been replaced by later consumer legislation, not all of it has been, and (2) some parts of the 1979 Act do apply to private sales.