Your Rights with online auctions

[jimblies]

Just found this on my local council website. It spells out what you can and can't do when claiming from a seller (Private or Business):
http://www.croydon.gov.uk/advicebenefitsemergencies/advice/Internet?a=5441
Internet Auctions - Consumer Buyers
THE LAW FOR 'CONSUMER' BUYERS
BUYING FROM OTHER COUNTRIES
This page explains the protection which exists under UK laws.
If the seller is based in the UK, then you will normally be able to take any dispute to the UK Courts to be decided under UK law. If you buy from a business which operates from anywhere else in the EU, you will normally also have the protection of UK laws and the UK courts.
Remember that some European countries are not part of the EU (including the Channel Islands, the Isle of Man, Norway, Switzerland and Iceland).
If the seller is outside the EU, do not assume that you will have any protection under UK laws or that you can make a claim in the UK courts.
YOUR RIGHTS: SALE OF GOODS ACT 1979
What can I expect?
Whether you buy from a private individual or a business:
• the goods must be as described.
• the seller must have the right to sell the goods
(the goods must not be stolen, or subject to an HP agreement).
If you buy from a business, the goods must also be:
• of satisfactory quality.
• fit for their purpose.
What if the goods fail to meet these standards?
If the goods fail to meet these standards when you receive them and inspect them, you can reject them.
You would be entitled to claim a full refund, including a refund of postage costs, and you may also be able to claim compensation for any other losses which occur. For example, if you buy a faulty CD player from a business, and it scratches and destroys a CD, you could claim the cost of replacing the CD. In addition, if it would cost you more to buy the same or equivalent CD player without a fault elsewhere, you could claim the difference in price.
If you delay in making a complaint, or if a problem comes to light some time after you receive the goods, you cannot reject the goods, but you may be able to claim a repair, replacement or compensation.
What if the goods are damaged in transit?
If you are buying from a private seller, you are responsible for the risk of loss or damage as soon as payment is made. In this case, consider asking the seller to arrange postal insurance for you.
If you are buying from a business, then the seller is responsible for the risk of loss or damage until the goods are delivered. The seller can choose to arrange postal insurance at their own cost.
Can I make a claim without going to Court?
If there is a problem with the goods, you must give the seller a chance to put things right before you go to Court. The auction site should be able to provide you with enough information to make your complaint by e-mail or by letter.
If you are not satisfied with how the seller deals with your complaint, you may be able to seek help from the auction site itself. Some items are covered by an auction site's protection scheme, and this may offer some compensation. However, you will probably not be able to claim the full amount of your loss, and there is usually a maximum financial limit for claims.
If the trader is a member of a Trade Association, the Association may mediate on your behalf, or they may offer an independent arbitration or ombudsman scheme. Otherwise, Court may be your only option.
What if the seller's terms say that I can't claim?
If the seller is a business, then they cannot use their terms and conditions to take away your rights. It is a criminal offence for them to display terms in an attempt to avoid liability for faulty or misdescribed goods.
WHAT INFORMATION DOES THE SELLER HAVE TO PROVIDE?
If the seller is a private individual, there are no legal requirements to include information in the item listing.
If the seller is a business, then for all sales their item listing must include the following:
• The identity of the business.
A trading name (e.g. 'Marks and Spencer') is not enough. The listing should include the full corporate name of a company (e.g. 'Marks and Spencer plc'), the names of all partners in a partnership (e.g. Mr K Marks and Mr R Spencer), or the name of a sole trader (e.g. Mr K Marks).
• The geographic address of the business.
A PO Box address is not enough.
If the seller is a business, and the sale is not an auction (for example, it is listed at a fixed price and you can buy it instantly), the following information must also be provided:
• A description of the item
• The price, including all taxes
• Delivery costs
• Arrangements for payment and delivery
• The existence of the right to cancel, where appropriate

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[jimblies]

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CANCELLATION RIGHTS
If the seller is a business, and the sale is not an auction, then you will normally have the right to cancel the contract and to receive a full refund.
What is the cooling-off period?
The cooling-off period is 7 clear working days after you receive the goods. If the seller fails to provide the required information, the cooling-off period of 7 working days starts when you eventually receive that information, or after 3 months, whichever is the sooner. To exercise your right to cancel, you must notify the seller in writing (an e-mail is sufficient) within this period.
What do I do with the goods?
When you cancel, the seller is entitled to collect the goods. They will have to do this at their own expense unless they have told you, before you agreed to buy the item, that you would have to pay the return postage costs. You are entitled to receive a full refund of the item price, and any delivery and associated costs, within 30 days.
You must take good care of the goods until they are returned or collected. Remember that the seller may want to sell the goods to someone else. It is therefore advisable to retain all the packaging and instructions until you are sure that you want to keep the goods. If you return the goods yourself, you do so at your own risk, and you should therefore consider taking out postal insurance.
Are there any exceptions?
In the following cases, you have no right to change your mind about the purchase:
• Where you meet the seller in person, for example to view the goods, before agreeing to buy
• Goods whose price fluctuates with financial markets (this may apply, for example, to gold coins whose value is based mainly or entirely on the weight of metal in them)
• Goods made to your specification (but this does not include goods, such as cars or computers, where you specify extras from a standard list)
• Personalised goods
• Perishable goods, and goods which by their nature cannot be returned (e.g. fresh cut flowers)
• Audio recordings, video recordings and computer software, if you unseal them (but not if they are supplied to you already unsealed)
• Newspapers, periodicals and magazines.
MAKING PAYMENT
It is possible to use a variety of payment methods for internet auctions. Each method has its own advantages and disadvantages.
Cash
You send cash or postal orders at your own risk, so consider using Special Delivery. Cash cannot be traced, and no special protection is available, so only send cash to buyers you trust. If you pay by cash, the seller will have to give you an address for payment, and this can be useful if you need to make a complaint.
Cheque
If a cheque is lost in the post, you will normally be able to stop it. Make sure that your cheque is crossed 'A/C Payee Only'. You will have an address for the seller, and a cheque can be traced when it is paid into a bank account. However, there is no other protection with a cheque payment.
Bank transfer
A seller might ask you to transfer money directly to their bank account. This is a quick and easy way of making payment, and it is usually free of charge. However, a seller might insist on a bank transfer so that they do not have to disclose their address. If you then have a complaint, it might be difficult to pursue. There is no special protection available with bank transfers.
Debit card
If your card details are used fraudulently in connection with an online transaction, you cannot be held liable (unless you have been negligent). If the goods are not delivered, or are unsatisfactory, you can ask your bank to process a chargeback, and you may get your money back. However, chargeback rules do not give the customer legal rights, and they can be subject to strict time limits and exclusions.
Credit card
If your card details are used fraudulently in connection with an online transaction, you cannot be held liable (unless you have been negligent). As with a debit card, you can ask the card issuer to process a chargeback if there is a problem.
In addition, the law makes the card issuer liable where the supplier breaches the contract, so long as the item is priced over £100 and the seller is based in the UK.
Money transfer
A seller might ask you to transfer money to them via a money transfer service. You would instruct the money transfer company (e.g. Western Union, Moneygram) to make the transfer, and the seller collects their money from an office of the company. Money transfer services are intended to be used for sending money to family and friends overseas, not to traders. Fraudulent traders will commonly make a request for this method of payment, as it is difficult to trace, and it does not require them to provide their postal address. Only send your payment by money transfer if you are totally confident of your seller, or if you can afford to lose the money.
Payment Services
Many items are now paid for using payment services, such as PayPal. These services usually offer some protection against fraud, non-delivery and problems with goods. Users generally have to provide some evidence of identity and/or financial standing, so levels of fraud can be expected to be lower. Nevertheless, protection levels may be limited or in some cases non-existent.
If you fund your payment, via a payment service, by debit or credit card, you may be able to pursue a claim by asking your card issuer to process a chargeback, and your credit card company may be legally liable for problems with items priced over £100.
OTHER TRADING STANDARDS LAW
Internet auction sales are covered by the full range of trading standards law. These laws are mostly designed to protect the public as a whole, and not to provide redress to individual consumers. If you spot a breach of trading standards law, you should report this to your local trading standards service or to Consumer Direct. The rules include:
False and misleading advertising
It is a criminal offence to describe goods in a false or misleading way, and to sell misdescribed goods. Misleading advertising is prohibited by law.
Counterfeit and copied goods
It is a criminal offence to sell counterfeit goods and to sell unauthorised copies of copyright work (such as audio and video recordings or computer software and games).
Misleading prices
It is a criminal offence to display misleading prices. A price indication can be misleading if it does not include taxes or compulsory extras such as delivery costs.
Product safety
All goods must be safe, and some goods have to comply with special product-specific regulations. Toys and mains electrical appliances must be CE-marked.