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Red Riley

Distance Selling Regulations

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This could have significant implications for online sellers/purchasers;

http://news.bbc.co.uk/1/hi/business/10560466.stm

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Seems a bit harsh to me.

Most sellers would follow the same line wouldn't they ?

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It will only hit those people with their own sites as ebay already rape you for every penny as soon as a scammer buyer claims non-receipt!

I don't mind refunding web buyers in full, but I have never had to yet.

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The consumer protection DSRs are aimed at typical high street FMCG retailers and not retailers that deal in coins and antiques etc, however coin dealers certainly do fall within the ambit of the regulations.

Let me just clarify with the basics:

Any item brand new or second hand bought or sold in an auction format, even on ebay will NOT fall under the DSR.

Any item bought from a trader in a fixed price format whether on ebay or from their own site, or even over the phone will be covered by the DSR.

Basically in regards to coins, if you’re not happy with it for any reason you are legally entitled to a full refund plus a reimbursement of the return postage, but you are NOT entitled to a refund for your packing materials and fuel for travelling to the post office to post it back.

If you simply do not want the coin because it’s not for you the seller has no obligation to refund the return postage.

Generally certain goods in question that are exempt from the sale of goods act, and or the sale of goods and services act, the DSRs will not apply.

This applies to all sales made in the EU.

It becomes complex when defining second hand goods but so far case law for this purpose has treated antiques as a new good.

It becomes even more complex when defining 'trader' and I suspect this is actually where most people will lose (I spelt it right this time) out with coin transactions; If you are not a registered business but 'act in the course of a business', you shall be treated as a trader. i.e. if you do not have a business but buy coins and sell them again with the intention to make a profit you shall be treated as a trader. (Typical behaviour of regular car boot traders) In assessing that the court would look at intention and frequency of sales.

It is my opinion that a huge amount of ebay sellers that do not have a registered business but shall be deemed to be acting in the course of a business, therefore you would be entitled to a full postage refund. The reason everyone is getting away with this is because no one yet to date(to my knowledge) has taken someone to court over a postage refund on ebay using the remedies provided by the DSRs as the hassle of a court case clearly outweighs the benefit of getting your £5 back!

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This could have significant implications for online sellers/purchasers;

http://news.bbc.co.uk/1/hi/business/10560466.stm

Thanks, Red. Very interesting article.

It will only hit those people with their own sites as ebay already rape you for every penny as soon as a scammer buyer claims non-receipt!

I don't mind refunding web buyers in full, but I have never had to yet.

In my experience Royal Mail do not help. I've lost count of the number of times I've had recorded delivery, and even special delivery items just shoved through the door. For a dishonest individual these occasions would have been a gift.

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This could have significant implications for online sellers/purchasers;

http://news.bbc.co.uk/1/hi/business/10560466.stm

Thanks, Red. Very interesting article.

It will only hit those people with their own sites as ebay already rape you for every penny as soon as a scammer buyer claims non-receipt!

I don't mind refunding web buyers in full, but I have never had to yet.

In my experience Royal Mail do not help. I've lost count of the number of times I've had recorded delivery, and even special delivery items just shoved through the door. For a dishonest individual these occasions would have been a gift.

It's a blessing living in the sticks when the postie does that for you.

We usually have the same one (Rarity 19 nowadays) and he is a "good un"

Having lost in the region of £1000 on ebay to people who were either too stingy to pay the extra for insured or had no intention of paying for the item (claiming lost in transit, account hacked etc etc) I am a little biased towards the postal services getting it right (most of the time) and the dishonest "buyers" doing it wrong!

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