Consumer Act Question: Can buyer cancel after buying?

[johnrowe 10]

Hi,

 

I had a 'no ratings' buyer purchase a Blackberry from me this weekend only to email me this morning (Monday) simply saying that he will not be taking the phone anymore. I responded that it is not exactly how it works and that if he clicked the BUY NOW he should take resposibility for doing so.

 

I emailed BOB to ask them if this guy can give me a negative rating just to be malicious. They said that they will remove it if that happens but they also stated...

"The buyer can ask you to cancel the transaction as per the Consumer act

Does this mean that the buyer can buy by clicking the BUY NOW button but then email you a day afterwards to say "Oops, changed my mind"?

 

Does this sound right?

 

John

[kyle2 10]

Hi,

 

I had a 'no ratings' buyer purchase a Blackberry from me this weekend only to email me this morning (Monday) simply saying that he will not be taking the phone anymore. I responded that it is not exactly how it works and that if he clicked the BUY NOW he should take resposibility for doing so.

 

I emailed BOB to ask them if this guy can give me a negative rating just to be malicious. They said that they will remove it if that happens but they also stated... Does this mean that the buyer can buy by clicking the BUY NOW button but then email you a day afterwards to say "Oops, changed my mind"?

 

Does this sound right?

 

John

 

This does not bode well for sellers on BoB. :confused:

Cuan, do you have any enlightenment with regards the above?

[qball 12]

The buyer has the right to cancel regardless of the reason within 5 days of placing the order or "buying" the item via Buy Now. This is now part of the Consumer Protection Act and is thus now legislated. This does not apply to auctions, where the bidder may still have to complete the purchase after winning the bid. Should the buyer rate you negative we will remove the rating and you will be entitled to rate the buyer negative for non payment of the order.

[kyle2 10]

The buyer has the right to cancel regardless of the reason within 5 days of placing the order or "buying" the item via Buy Now. This is now part of the Consumer Protection Act and is thus now legislated. This does not apply to auctions, where the bidder may still have to complete the purchase after winning the bid. Should the buyer rate you negative we will remove the rating and you will be entitled to rate the buyer negative for non payment of the order.

In no uncertain terms, thats going to be a big pain in the butt for many people. Newbies are going to be buying things left and right just for the thrill of it without being obliged to follow through on the purchase.

I see dark clouds looming......................

[brands online 10]

Hi Kyle,

 

I figured that much too, but apparently, BOB see no major change/problems looming. At least that's what came across from Cuan in an earlier thread. Do see here too:

 

http://forum.bidorbuy.co.za/selling-bidorbuy/13213-consumer-protection-act-how-you-going-change-your-business.html

[qball 12]

People are already not concluding deals without even informing you, so nothing is really going to change, it's just that they can now request the sale to be cancelled, as is your right in most retail stores.

[Seeds for Africa 18]

I cant see this having a major impact.

[qball 12]

In no uncertain terms, thats going to be a big pain in the butt for many people. Newbies are going to be buying things left and right just for the thrill of it without being obliged to follow through on the purchase.

I see dark clouds looming......................

 

If buyers do this and their negatives and SNCs start to reflect this, their life on this site will be short lived.

[brands online 10]

If buyers do this and their negatives and SNCs start to reflect this, their life on this site will be short lived.

 

Agreed...

[Vinyl Lady Decals 11]

Here's two I can attest to dealing with recently

 

All ratings received by Nerisha2010 on bidorbuy.co.za

 

All ratings received by eben blake on bidorbuy.co.za

[louvaine 10]

The cooling off provision in the CPA does not, however, apply to electronic transactions brought about by electronic communication.

Electronic transactions and communications are regulated hy the Electronic Communications and Transaction Act (ECT).The cooling-off provision in the CPA only relates to a transaction resulting from direct marketing. "Direct marketing' means "to approach a person, either in person or by mail or electronic communication", for the direct or indirect purpose of promoting or supplying goods in the ordinary course of business or requesting a donation... as I understand it an auction is there for not direct marketing ....

[qball 12]

The CPA also acts in conjunction with the ECT Act (Electronic Communications and Transactions Act, No. 25 of 2002), relating to electronic transactions -

 

Cooling-off period

 

44.

(1) A consumer is entitled to cancel without reason and without penalty

any transaction and any related credit agreement for the supply—*

 

(a) of goods within seven days after the date of the receipt of the goods;

or

(b) of services within seven days after the date of the conclusion of the

agreement.

 

(2) The only charge that may be levied on the consumer is the direct cost

of returning

the goods.

(3) If payment for the goods or services has been effected prior to a

consumer exercising a right referred to in subsection (1), the consumer is

entitled to a full refund of such payment, which refund must be made

within 30 days of the date of cancellation.

(4) This section must not be construed as prejudicing the rights of a

consumer provided for in any other law.

[Lukeness 10]

If you sell items on auctions with your buy now price as a starting bid you shouldn't have this problem.

[Gem Shop 10]

As far as I understand we do not do any direct marketing here...it is all free choice by the customer to make a bid or not so there should be no cooling off period

[qball 12]

As far as I understand we do not do any direct marketing here...it is all free choice by the customer to make a bid or not so there should be no cooling off period

 

As already stated auctions are excluded, however, the buy now's can be considered "catalogue marketing", which is mentioned in the CPA under section 33 as the consumer does not have the opportunity to view or inspect the goods, so Chapter 7 of the ECT Act covers this, in particular section 44.

[windrider 10]

This is very interesting and I foresee lots of sellers offering less buy now auctions. It can also be a positive thing, if the bidorbuy team decides to implement a ruling of something like "3 cancelled purchases in a row and the offending buyer is blacklisted", it will help the site to get rid of all many of those buyers who don't believe in fulfilling their obligations. Makes it easier for those buyers who do fulfil their obligations and lose out on acquiring things they want due to thoughtlessness of others. just my R0.02

[qball 12]

This is very interesting and I foresee lots of sellers offering less buy now auctions. It can also be a positive thing, if the bidorbuy team decides to implement a ruling of something like "3 cancelled purchases in a row and the offending buyer is blacklisted", it will help the site to get rid of all many of those buyers who don't believe in fulfilling their obligations. Makes it easier for those buyers who do fulfil their obligations and lose out on acquiring things they want due to thoughtlessness of others. just my R0.02

 

We are already looking into this, obviously if there is a repeat pattern of bidders requesting bid deletion regularly we may take the step to stop them from bidding at all.

[Libertas Computers 10]

I understand everyone's concern, but as Cuan stated earlier: This really won't affect things too much.

 

There are already a ton of buyers who will buy multiple items as they think that they are "reserving" it, so to speak, and ends up either not being in contact when the emails comes through asking for payment or says that he found something else or creates a story of something that happened etc.

 

The fact remains that yes, it is now allowed by law to change your mind (Still think it's not right), but the ruling on BoB remains. If a buyer changes his/her mind, file an SNC, recover your costs, rate negative to warn sellers that the buyer might change his/her mind.

 

Personally I can't see a whole new mass of buyers coming in knowing that they can 'abuse' sellers by ordering a ton of products only to have a change of heart. Yes there will be some out there who will do that for the fun of it, but it won't lead to a 10% increase in SNCs filed I think.

[DENEL 10]

Can BOB not make it possible for negative/a new class of feedback warning sellers of the practice of buyers who continually backs out of an auction? Is there anything contained in the Act which would prohibit this practice?

[lilythepink 11]

If the same buyer continues to back out of an auction or a buy now, it needs to be reported to communitywatch@bidorbuy.co.za and they will take action!

[qball 12]

Can BOB not make it possible for negative/a new class of feedback warning sellers of the practice of buyers who continually backs out of an auction? Is there anything contained in the Act which would prohibit this practice?

 

You must remember that the bidder now has the legal right to withdraw, so we do have to be careful. If they are repeat "offenders" we can look at taking steps, but you can't rate them negative if they withdraw from an auction.

[DENEL 10]

I agree one should be careful. However, as far as I am aware, the Act does not regulate the leaving of negative feedback and neither does it prohibit me (the seller) from electing not to conduct further business with the purchaser.

 

In any event, the cancelation of other sales (not auctions) is not without consequence and I suspect this is also the case with auction sales. Please would you investigate this further, as it is very frustrating for us sellers.

[DENEL 10]

As an example, here is a discussion between myself and a seller regarding such a sale (the sale was cancelled by me).

 

 

"Question

07 May 2012 07:11

Hi

Can You Please Cancel my bid on this item

 

Thanks and sorry

UPDATED: 07 May 14:34

I am currently a bit short on cash at the moment.

 

Delete this Question Delete

Answer

07 May 2012 07:44

 

Is there any specific reason why you are cancelling your bid?

UPDATED: 07 May 07:44

Is there any specific reason why you are cancelling your bid?

[MsPlod 10]

Things traders might LIKE to say...

 

"Question

07 May 2012 07:11

Hi

Can You Please Cancel my bid on this item

 

Thanks and sorry

UPDATED: 07 May 14:34

I am currently a bit short on cash at the moment.

 

Answer

07 May 2012 07:44

 

Is there any specific reason why you are cancelling your bid?

UPDATED: 07 May 07:44

I am currently a bit short on humour at the moment - please only bid when you know your bank balance can support your habit!:wtf: :twisted:

[qball 12]

I agree one should be careful. However, as far as I am aware, the Act does not regulate the leaving of negative feedback and neither does it prohibit me (the seller) from electing not to conduct further business with the purchaser.

 

In any event, the cancelation of other sales (not auctions) is not without consequence and I suspect this is also the case with auction sales. Please would you investigate this further, as it is very frustrating for us sellers.

 

For one, you can't leave negative feedback for a bidder as no sale took place. You do have the discretion to not do business with a purchaser, with the proviso that you do not discriminate against them, this is covered by the act...

 

As far as we are aware a bid is legally binding, unless the bidder requests for it to be removed. Whilst it may be frustrating, we do ask that you contact us if you see a bidder that has a tendency to cancel bids frequently and not complete sales.