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Q: Is ebay an auction site according to English law ( No Answer,   2 Comments )
Question  
Subject: Is ebay an auction site according to English law
Category: Business and Money > Finance
Asked by: smartquestions-ga
List Price: $20.00
Posted: 03 May 2006 16:24 PDT
Expires: 02 Jun 2006 16:24 PDT
Question ID: 725235
Section 75 of the Consumer Credit Act means the credit card company is
equally liable for purchases which the goods or services you bought
are unsatisfactory,
the trader has broken the contract (e.g., by not sending you the goods) or 
if the trader has misrepresented or misdescribed the goods or services to you.
According to the terms and conditions of credit card companies they
are not liable for purchases made on auction sites(So they say). My question now
is: is it true that credit cards are not liable for purchases on
auction sites and is "Ebay" classed as an auction site.
So far i have only found a ruling of a german civil court that ebay is
Not an auction house
(http://www.theregister.co.uk/2004/11/03/ebay_catalogue/) could anyone
find any ruling in english law. I will need some sort of evidence for
the answer provided to forward to my credit card provider.

Request for Question Clarification by pafalafa-ga on 04 May 2006 07:08 PDT
You've asked two rather complicated questions about UK law:

1.  Are credit cards not liable for auction purchases?

2.  Is eBay an auction?

This might be more than a researcher can bite off for a $20 question. 
You might want to consider scaling back the question, or adjusting the
price somewhat.

Just a suggestion...

pafalafa-ga

Clarification of Question by smartquestions-ga on 04 May 2006 11:47 PDT
Ok so i will be happy to first find out whether a purchase on ebay is
classed as an auction purchase. Is that fare enough??
Answer  
There is no answer at this time.

Comments  
Subject: Re: Is ebay an auction site according to English law
From: murunbuchstansinger-ga on 04 May 2006 02:57 PDT
 
I think the distinction may be whether or not eBay is classed as an "auctioneer".

I am sure they are not, but that does not mean that the goods you buy
are not bought at auction.

I had an "argument" with Samsung, who would not honour a guarantee
because I had bought goods via eBay and they classed this as an
auction.

I also know that many people (me included) have had refunds from CC
companies after using either the CC, or transanction partially funded
directly by CC for over £100.  This does not apply, however, if you
have used an existing PayPal balance, but does if PayPal directly
debit your CC to fund a transaction.
Subject: Re: Is ebay an auction site according to English law
From: smartquestions-ga on 04 May 2006 06:41 PDT
 
My question is whether the goods you buy on ebay are bought at
auction. The german court ruling says; The court ruling means eBay
transactions are classified along with other methods of distance
selling, such as mail order catalogues, for example, rather than as
auctions.
I heard of a court ruling about a car purchased on ebay and the seller
said its an auction purchase... and the court ruled in favour of the
consumer saying its not an auction purchase, but i have evidence for
that.
Follow the link above for a cleaer picture. (According to the German
rulign samsung is wrong.)

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