Bought a bike - item not as described!

[Cycling Dan]

Sorry you are wrong. Trade description covers people and businesses trading as a business or trade, hence the name, not private sales. I suspect this is a private sale from classified ads between two individuals.

Best option is the seller accepts to pay for some repairs.

This law empowers the judiciary to punish companies or individuals who make false claims about the products or services that they sell.
If its in an ad and its incorrect or misleading single or business then it applies to you. http://www.legislation.gov.uk/ukpga/1968/29 This law applies to all.

 

[vernon]

If its in an ad and its incorrect or misleading single or business then it applies to you. http://www.legislation.gov.uk/ukpga/1968/29 This law applies to all.

And which bit specifically, of the legislation that you quoted in full, applies to the transaction of the orginal poster?

I can't find it.

 

[Cycling Dan]

And which bit specifically, of the legislation that you quoted in full, applies to the transaction of the orginal poster?

I can't find it.

From its wiki page, didn't say it was a quote from the official page. Still relevant though .first line was quote

 

[fossyant]

Dan you are wrong.. Trade description does not apply. This is a private sale. The description is unfortunately a matter of interpretation.

Out of all the posts its only you giving the wrong information. Private sales are buyer beware.

 

[fossyant]

Dont quote wiki read the act and you will see in is for those involved in Trading.

 

[Cycling Dan]

Dont quote wiki read the act and you will see in is for those involved in Trading.

Agree to disagree even with buyer beware "This rule is not designed to shield sellers who engage in Fraud or bad faith dealing by making false or misleading representations about the quality or condition of a particular product".http://legal-dictionary.thefreedictionary.com/Buyer+beware

 

[steve52]

get paypal to refund, thats why we buyers use them
he can pay for the courier to collect,

 

[Cycling Dan]

Dont quote wiki read the act and you will see in is for those involved in Trading.

It does say "Prohibition of false trade descriptions"
This though is selling or buying. In this case getting a bike for giving money which is a trade. No mention of in the action which excludes individuals so therefor is not exempt.
It also then goes to explain what a trade description is which covers what this seller has issued.
Point 4 states what is not included and what you mention "private sales" is not included.
Your wrong mate but non the less you can continue to disagree. Although again we dont exactly know where this fellow got the bike so..... But if ebay or gumtree it 100% applies as its a area of trade.
Is buyer beware a real term and legal term or something unofficial like check your before you buy. Never come across it before which is odd since I study business.
edit: did a bit more looking its a "principle" or maximso . Also "The rule does not apply if the purchaser is unable to examine the goods, for instance if the defects are not evident from a reasonable examination, or if the seller has behaved fraudulently."http://www.search4solicitors.com/article.php?ArticleID=18
Good read for you. Clears up what i was saying.

 

[phil_hg_uk]

If you bought it through a classifieds ad then you wont be covered, so unless the seller wants to be reasonable I am afraid you have probably lost your money as it is a private sale and is not covered.

Of course contact paypal anyway and see if you can get anywhere.

Buyer Beware !!!!!!!!!!!!! .......... never buy anything from a classifieds without seeing it unless you are prepared to lose the money .......... been there done that.

 

[biggs682]

when i sell bike i always send up to 20 pics of bike showing all areas of bike , so buyer should get a good idea of what to expect .

how much did you pay ?

i would say if you paid less than £50 what do you expect

 

[fossyant]

eBay gum tree and classified ads are not a Trade it's a medium for advertising. If a trades person was selling via eBay, then yes, eg a cycle shop or trader, but its all out of the window when it is someone like me or you.

In this case this is two individuals, one selling a bike one buying a bike as a private sale of a personal item

There is no business transaction. Dan you are very wrong. You also happen to be the only one that thinks that. Put it down to your lack of business knowledge. Some of us have worked in this area for a long time, have studied business law, and you will find this is a private sale.

 

[P.H]

If it was me, I'd see what I could negotiate with the seller and write the rest off to experience, unless it was a lot of money.
As for your rights, the Sale of Goods Act 1979 covers them, though it would IMO be more trouble than it was worth to follow up. The Act in full is here;
http://www.legislation.gov.uk/ukpga/1979/54

The CAB offer advice on it;
http://www.adviceguide.org.uk/wales..._described_e/goods_dont_match_description.htm
"If goods don't match their description and you have only had them for a very short time and not used them, you should return them to the seller and claim a refund.
You can do this regardless of where you bought the goods, for example in a shop, on the internet, or from a catalogue. It also doesn't matter whether you bought the goods from a private seller or from a business."

The Consumer Action Group offer a very good summary here;
http://www.consumeractiongroup.co.u...f-Goods-basic-guide-to-rights-and-obligations
Summary
Buyers are afforded various protections under contract law when purchasing goods. When you purchase goods, whether in a shop or privately through e-bay or newspaper advert you will have a contract with the seller. It is the person with whom you have a contract that you would be looking for recompense from irrespective of whom was at fault. So if you purchase goods from a shop it is the shop that would be liable under contract. There may be concurrent liability in the law of tort for the manufacturer should the faulty goods cause a personal injury or damage to your property, but your primary right is with the retailer.
The Sale of Goods Act 1979 (SGA) provides four main protections for buyers:

1. The seller must have the right to sell the goods ( S.12)
2. Goods sold by description must correspond to the description (S.13)
3. Goods must be of satisfactory quality (s.14)
4. Goods sold by sample, the goods must correspond to the sample in quality (s.15)

The SGA applies to all contracts for the sale of goods, however, s.14 is more limited in its scope in that it only applies where goods are sold in the course of a business. Also where the goods are sold in the course of a business the provisions of the SGA are reinforced with the protection offered by the Unfair Contract Terms Act 1977 which prohibits their exclusion.

 

[fossyant]

It's about negotiation in private sales. As I said, one persons view is different to another's.

 

[jonny jeez]

get paypal to refund, thats why we buyers use them
he can pay for the courier to collect,

Why should the seller be penalised.

Surely the buyer was given an opportunity to view first?...if not, why not?.

Its not the sellers responsibility to arrange and pay his item to be shipped to a buyers front door, just so they can take a look, only then decide its not for them and charge the seller to come and collect it again.

Sold as seen, the op just didn't bother doing the "seen" bit.

I'd suggest the OP either pays to return the goods and requests a refund, or resells it on themselves. This is the risk you take when buying something without seeing it.

I also agree, distance selling rights and trade descriptions are not applicable to private sale.


All summed up in the very first reply to this post.

 

[classic33]

From:
http://whatconsumer.co.uk/second-hand/

"There is a section devoted specifically to buying from online auction sites such as ebay, but for now there are some points to bear in mind when buying second-hand.
Firstly, remember that the statutory entitlement of quality and fitness for purpose only applies when buying from someone who is ‘acting in the course of a business’ i.e a second-hand car dealer. You do not have any legal recourse as regards quality where you are buying through an individual who is selling an item as a one-off private sale (although they must have legal title and it must be as described in the advert).
Secondly, when buying second hand, there is a general recognition in law that the reduced price you pay reflects the risk in taking ownership of something with a greater likelihood of developing faults or breaking down completely. You pay less because it is recognised you will have to pay the repair costs yourself rather than relying on the manufacturer’s warranty.
But what if you buy something which breaks down shortly afterwards leaving you with a massive repair bill. Could you argue that the seller was aware of this fault but said nothing? This may be difficult to prove.
Or is it the case that it is something a pre-sale examination by you should have revealed? Not if the fault only because apparent after some weeks of use.
Depending on the problems encountered (safety implications for example, if it is a car), the length of time you’ve had it, the price you paid and your expectations of the future usage, you may have a good chance of rejecting the item and claiming a full refund."