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Get It!

Discrepancy in the rules governing auctions and buy now's

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Get It!

I have failed to elicit a direct unambiguous answer to a straight forward question made to members of the staff at Bidorbuy.

The rule I refer to states to the buyer's as follows:

"Cancelling Orders, Purchases or Transactions
Posted by , Last modified by bidorbuy Marketing on 14 December 2017 09:00 AM

By using bidorbuy you have agreed to the Terms of Use of the site, so your winning bid or Buy Now order are considered legally binding. You do, however, have the right to cancel a Buy Now sale within 5 days of placing the order as per the Consumer Protection Act (CPA) or in accordance with the ECT Act. This does not apply to auctions. "

I have underlined the phrase that I am seeking an explanation for, and which I have observed is noted in all copies of the CPA rules.

To my knowledge, it means that you do not have the right to cancel the Auction sale after having won.



P.S. Please avoid replying in superciliousness, as I have a legal right to ask such a rational question.

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The sale of goods online takes a few sets of laws into account, most importantly we deal with the Consumer Protection Act, The ECT Act and the Secondhand Goods Act. 

If we just look at auctions to claim that you it is exempt from the CPA you have had to make sure that you fulfilled all your obligations as an auctioneer which would include but is not limited to giving people the opportunity to inspect the goods prior to bidding, accurately describing the products and making sure that the person who wins the auction is able to take possession of the goods in the same condition than advertised. 

On the bidorbuy site you can hold a buyer liable to conclude a sale if you have met all the criteria set out in all three of these sets of acts. Further the auction will also have to meet all the requirements set out in the listing policy on bidorbuy especially the rules around shipping. 

Should you wish to hold a buyer liable to conclude a transaction you need to take the matter further directly with the buyer as the transaction is between buyer and the seller. You will have to be sure that you meet all the legal criteria and that you do not cancel the sale from your side such as filing SNC's etc. 

The thing to also keep in mind when you want to enforce a sale you need be sure you have complied with all the relevant acts, that your conduct is beyond reproach and also take in to consideration the effect it will have on how customers will view you going forward.

I hope this helps.



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