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About Me: upthecreekyetagain ( 126Feedback score is 100 to 499) About Me

Consumer Legislation

 

THIS SECTION IS STILL UNDER CONSTRUCTION
(Last Updated 10 Nov 2008)

Consumer Protection(Distance Selling) Regulations 2000, (amended by
the Consumer Protection (Distance Selling) Amendment Regulations SI 689/2005)
Office of Fair Trading - A Guide for Businesses on Distance Selling

The Electronic Commerce (EC Directive) Regulations 2002, (Statutory Instrument 2002 No. 2013)
Office of Public Sector Information - Full Text of Regulations

Sale of Goods Act 1979, (amended by the Sale and Supply of Goods to Consumers Regulations 2002)
Dept of Business Enterprise & Regulatory Reform - A Traders Guide to The Law Relating to the Supply of Goods and Services

Directive 2005/29/EC of the European Parliament and of the Council
The Unfair Commercial Practices Directive (UCPD)
Dept of Business Enterprise & Regulatory Reform - Full Text of the UCPD

Consumer Protection from Unfair Trading Regulations 2008
Implementation of The Unfair Commercial Practices Directive
Dept of Business Enterprise & Regulatory Reform - Guide to the CPRs

 

The Trade Descriptions Act 1968
Dept of Business Enterprise & Regulatory Reform - Guidance Notes

The Waste Electrical and Electronic Equipment Regulations 2006
Office of Public Sector Information - Full Text of the WEEE Regulations
NetRegs.gov.uk - WEEE Equipment distributors and retailers - what you must do

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To help myself, and anyone else who may be interested in how
this legislation specifically affects eBay sellers, I have started to summarise some
of the more important pieces of legislation.

I have started with the DSRs, Consumer Protection (Distance Selling) Regulations 2000 amended by
the Consumer Protection (Distance Selling) Amendment Regulations SI 689/2005
because this seems to be one of the most contentious and least understood pieces of legislation

Remember I am only an enthusiastic layman so please use this information as a guide only

 

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Distance Selling Regulations

eBay sales potentially governed by the DSRs - Non Auction Sales, (i.e. Buy It Now & Second Chance Offers)
by a "Business" Seller to a "Private" Consumer in the E.U.
 

Information that the Seller MUST provide prior to a sale, (Regulation 7):

  • Sufficient detail for the consumer to identify the business they are dealing with

  • A description of the main characteristics of the goods or services being offered

  • The price of the goods or services you are offering including all taxes

  • Details of any delivery costs

  • Details of how payment can be made

  • Full geographic address

  • Arrangements for delivery - for example when delivery will be made

  • Information about consumers right to cancel and responsibility for return postage

NB.  In order to comply with the DSR's requirements when a sale is made
the above information MUST be supplied in a durable format.

It is NOT sufficient to supply the information on the web site

The DSRs do not explicitly define a definition of a "durable medium"
In the view of the Department for Business, Enterprise and Regulatory Reform, (BERR),
the successor to the  DTI, "durable medium means:-
". . . . a form in which information can be retained and reproduced
but cannot be edited, such as an email that can be printed or a letter,
fax or brochure that can be kept for future reference. We do not
consider that information on a website is durable as it can be changed
at any time after the consumer has accessed it"

 

The consumers right to cancel

The following chart indicates when a consumer can cancel their purchase and what
refunds they are entitled to.

DSR

 

There are a number of items which customers are not given the right to return under the DSRs
UNLESS they are faulty or misdescribed

The most common of these on sale on eBay are
Audio or video recordings or computer software that the customer has unsealed
Custom made items - note that this exception does
not apply to upgrade options such as choosing alloy wheels when
buying a car or opting for add-on memory or choosing a
combination of standard-off-the shelf components when ordering
a PC, for example

 

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The Electronic Commerce (EC Directive) Regulations

Key Requirements for Business Sellers

  • Your name and address (not a PO box)

  • Your email address (not simply a web form)

  • Your VAT number (if applicable)

  • If you are a company the place of registration, registered office address and registration number membership details, including the registration number, of any trade or professional association you belong to

 

 

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Sale of Goods Act 1979
amended by the
Sale and Supply of Goods Act 1994
and by the
Sale and Supply of Goods to Consumers Regulations 2002

 

All buyers are entitled to remedies under the legislation but consumers are entitled to a greater range of remedies.
"Consumers" are defined as people who are buying for purposes not related to their trade, business or profession

REMEMBER - When buying from a "Private Seller"
The only rule is:-
what you are buying must be as described

 

Summary of Buyers' Rights When Buying from a Trader

Buyers are entitled to goods of satisfactory quality, taking account of any description, the price and other relevant circumstances.  Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

Satisfactory Quality:-

  • fitness for purpose

  • freedom from minor defects

  • appearance and finish

  • durability

  • safety

Buyers CANNOT expect a legal remedy when they knew about any faults when they bought the goods.

 

 

 

 

 

Favourite Me Pages

 

SuperSealey - Mr Neg them - for his sheer cheek
Confuddled - for the useful links

 
The above page is maintained by: upthecreekyetagain ( 126Feedback score is 100 to 499) About Me

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