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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. | |
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There is no answer at this time. |
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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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