Just a thought, the legislation refered to in the 1st post relates to retailers? I'd say that pretty much all "sellers" on here are private individuals and therefore the legislation maybe does not apply
I suspect some people state at buyers risk in recognition of the fact that no matter how well they pack the item, the compensation on a larger item is limited to £100 (e.g. a rifle via PF48). So there is a small risk of damage/loss putting someone out of pocket. But in the eyes of the law it is the seller who would have to take that loss, unless mutually agreed before the sale. As mentioned the true risk is very low, unless it was inadequately packed in the first place. If the item was worth way over the compensation limit I would look into a F2F (within say 50 miles), if further maybe a half way meet or even maybe RFD-RFD subject to cost/compensation limits. I would not usually travel much further because a punchure could cost a ton, plus fuel and time. Going for one collection ended up with someone writing off my car - so no bargain that day! Can work out well if you can tie it in with existing travel to a nearby area.
Just a thought, the legislation refered to in the 1st post relates to retailers? I'd say that pretty much all "sellers" on here are private individuals and therefore the legislation maybe does not apply
Whoaaaa there...... you actually missed my point if they are the only buyer and cannot collect but insist they will have it only by post then the risk is surely theirs
fyi i recently advertised an as new prosport had folk pm`ing for it to be posted and my reply was errr NO if you want it travel if not it stays in the rack!!
"The Countback kid always misses peg 1"
Does the consumer rights act apply to a transaction between private individuals? It seems to me that a private sale of second hand goods is not a consumer transaction.
True freedom includes the freedom to make mistakes or do foolish things and bear the consequences.
TANSTAAFL
No it doesn't. That's for commercial sales only. That's why it says 'retailer'. Private sellers are not retailers.
http://www.onlineshoppingrights.co.u...gulations.html
it’s worth noting that the Regulations only apply to consumers that purchase goods or services from a business. The Regulations don’t apply to business-to-business purchases, land sales, vending machine purchases, and purchases made via auctions.
The consumer rights act is nothing to do with it. The sender is the consignor and as a result takes responsibility for the delivery unless contractually agreed otherwise. The minute you post or courier something you accept the terms be it private or commercial.
Last edited by Rob Edge; 21-10-2017 at 07:09 PM. Reason: speeling
You can spend thousands and still miss a barn door or spend just enough and enjoy yourself. If you haven't got the talent to start with a million pound won't fix it. Whippet, Russell, a few bang sticks and a flat cap. http://www.smart-tech1st.co.uk
No, I didn't miss your point at all...it was just plain wrong
If a buyer insists they will only take it posted then the risk is yours unless...
A) you get them to agree in writing to waive their rights to be compensated or reimbursed for loss or damage.
B) they arrange their own collection.
The alternative is stick to a F2F sale as you did, but you've either got to be lucky or to able to offer something worth travelling for...
Exactly this.
PF48 is limited to £100 compensation, if you want anything posted then it is at your own risk, why should the seller have to stump up if it goes missing?
There is also the question of PCP's since they are considered pressure vessels and so prohibited as they are dangerous goods.
As a seller, I will offer anything for sale however I will state quite clearly that as far as insurance goes there is a limit and if a PCP is found and destroyed they are on their own.
I am willing to do an RFD transfer but at the buyers expense, again, clearly stated at the time.
It's up to the buyer if they want to take that risk but FWIW if it was my money I wouldn't.
Because it's your property and you want to sell it... If you don't want to post it for this reason then don't - simple.
If you can find a buyer happy to waive their rights - that's fine too, PROVIDED you both have this clear understanding before any money is accepted.
PCP's are a different kettle of fish and to my knowledge, there are only 3 legal ways of transfering these : F2F, RFD and a commercial account courier.
A round trip from Manchester to London area and back is the equivalent of 10 gallons of petrol with all the mororway hold ups. That will easily add another £55.00 to the cost of the item plus the fact that nowadays unless a peson is well retired there is really no such thing as a weekend so finding a suitable time to arrange the viewing and the sale is another obstacle. I really have no solution to this TBH but I am just highlighting the difficulties of getting from A to B.
I have a small lathe that I am going to sell but even this small lathe with all its accessories weights more than 40 Kilos so pick up really is the only choice .
A.G
Good debate but lets agree to disagree not gonna rant on but the only consumer law that applies to private sales is "as described" and if some heavy handed numpty smashed your expensive rifle or whatever you wouldnt be pleased and as for the cost of fuel blah blah ....pshhhhh, if you want it go get it, if not dont.... the seller is not responsible for the buyers logistical problems
"The Countback kid always misses peg 1"
I'm always wary of using the post either to buy or sell. It's not the money if it goes missing, it's the hassle involved. If it's a very long way, I always suggest a meet halfway. I've done this several times. Often though, you just have to take a chance and use post if it's something you really want. I've missed many a gun because the seller would not post, but eventually, something always turns up.
Regarding the law. What if you buy off a private seller on evilbay and you don't receive the goods? I'm sure there is a way you can get your money back (via paypal if you use that method of payment). So if you buy a gun on here and use paypal to pay, I'm sure you should be covered and get your payment back off paypal. Or is it not covered if you send it "family and friends"?
Really for an expensive Air Rifle your looking to send through an RFD to be safe. Think the last time i sent RFD to RFD it was £25 and the guy had to pay £25 his end so it cost him £50 in total.
The last time i bought a Rife i drove to Reading for a really nice AA S400 nearly new paid £200 for it and was well worth the 80 mile round trip.
Weihrauch HW77 MK1 .22 / Weihrauch HW80 MK1 .22 / BSA Airsporter MK1 .177/ Webely MK3 .22 / Diana Mod 27 .22 / SMK QB78DL .22 / Webley nemesis .177
Only skimmed through the thread.
Surely it's down to any agreement by the seller/buyer?
If someone is selling with posted as an option then they must have some responsibility to pack it well and do everything they can to make sure it arrives with the seller. They are offering posted in the original advert.
If someone is saying they prefer face to face but they will post and pack it well but it's at the buyer's risk, then that's then up to the buyer. If the buyer chooses to still buy the item and pay for post and it goes missing or arrives damaged, then surely it isn't right that the buyer then starts claiming that it's the seller's problem.
If someone advertises as face to face only, but gets pestered by a buyer to post it ( this happens ), then the buyer is having a laugh if they then want the seller to sort it out if it's gone missing.
I'd sell like that. Ad reads something like ... "Prefer face to face so the item can be checked over and tested". If a buyer contacted me and said they were very interested but insist that it's posted then I'd agree to that as long as they paid for the postage and accepted that it was being posted at their risk if it goes missing or gets damaged.
The seller does have to make an effort to pack it well and that can probably hit grey areas. I bought a camera off that bay place and it arrived loose in a plastic bag with the case cracked. Seller refused a refund as he claimed it was adequate and in good condition when he posted it.