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Private seller returns policy

4 replies

Fuzzyduck21 · 01/10/2017 13:43

I sold a stair gate on a local Facebook selling page. I didn't include measurements regarding the gap it would fit in my ad as frankly I didn't know them. Someone bought it without asking about measurements. She came to collect and then half an hour later i received a message saying that she will be returning it as it doesnt fit. Where do i stand legally? Gut instinct is that I don't need to accept the return as nothing was wrong with my advertisement. Can anyone tell me if I'm right and if so back it up with any evidence that I can send across to her? I am moving house soon and could do without this.

Many thanks

OP posts:
19lottie82 · 01/10/2017 15:42

Private sale so sold as seen. You don't need to refund her. She had ample opportunity to inspect and reject the goods before she paid for, and accepted them.

She has no legal right to a refund, buying something from a private individual is not the same as buying something from a shop.

If she gets array just refer her to the CAB.

WeAreEternal · 01/10/2017 15:46

Great advice from Lottie

I’d just reply “I’m sorry but the gate was sold as seen, it’s a standard sized gate and is exactly as advertised, if you needed a specific size you should have measured carefully before buying. I don’t accept returns, I’m not a shop.”

prh47bridge · 01/10/2017 22:19

Private sales are not "sold as seen". The buyer still has rights, although they are a lot more limited than when buying from a business. The goods must match any description. If you had incorrectly stated the size of the gate she may have had a case. However, you didn't make any claims as to the size of the gate and she saw the gate when she was completing the purchase. She doesn't have a leg to stand on in my view.

19lottie82 · 01/10/2017 22:49

Private sales are sold as seen, unless as you pointed out, the item has purposely been misdescribed, which it hasn't been in this case.

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