Is this legal? Consumer law(7 Posts)
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I bought an item from a “business” on Instagram. They have a logo, brand name etc.
When I tried to return the item they refused. I referenced the Distance Selling Reg they said they were a private seller and not a business.
Is this legal?
The item is a generic item which it’s not made by the seller.
For example high end shoes.
No it's not, but referencing the distance selling regs won't get you anywhere because they haven't been in force since 2013. Try the consumer contract regulations.
There are a lot of people selling online as "private" sellers. If they don't have their name and trading address, contact phone number and email, delivery and returns policies on display, they are breaking the law and I wouldn't touch them with a bargepole. I suspect you have unwittingly bought from such a person. Without knowing who they are you will struggle with any recourse. How did you pay? What is the company name?
How did you pay? If it was over £100 on creditcard you are covered by section 75 of the consumer credit act and can claim the money back.
Even if not you can still ask your card provider (debit or credit) to charge back the amount.
Good advice on here:
Are they trading as a shop or are they clearly trading as a private individual? Are they selling lot sir the same type of item for example (infers trade as a shop, not a private seller).
Also, the regs are now part of the Consumer Rights Act 2015.
Some useful info:
And as a PP said above. It is the consumer contract regs you can quote if returning under distance selling, consumer rights act if not suitable/ faulty.
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