Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Was this from a dealer or private seller please?
no as i stated it was from an auction company
Forgive me yes.
It said auction site, so it could have been Ebay.
What is in the terms regarding cancellation etc please?
there are no terms regarding cancellations
the emphasis is on the fact that there is damage which was not stated in writing
But had you clicked on a picture then you would have seen it?
When did you notice it?
The damage that is
the damage is in the last picture and you have to examine the picture closely.. it looks like light reflects but they are in fact scratches from some type of impact!
How did you come to notice the damage?
well before you pay 5000 pounds i asked my secretary to inspect and she noticed... the other picture the bike is blind sided so the damamge is only eveident in 0ne of 9 pictures
OK - so bad you bid on it online?
my bid was placed online yes
Ok - The Distance Selling Regulations do NOT apply as this is an action.
Therefore it is ONLY in accordance with their terms and conditions can you cancel.
Therefore if there is nothing in their terms about cancellation - it means you can not
but they have mis advertised the goods
Some contracts you can not cancel and this would appear to be just that
If you are permitted to cancel it will be in the terms.
But they also have a duty to correctly advertise goods.
if i bid for a bike and i win a damaged bike..i must be protected
Clearly the photo - it is a matter for you
But if they described it as good condition and it is damaged then it would be a breach of the Sale of Goods Act because goods must be as described and of suitable quality
Therefore if it is not they are in breach of contract.
Considering this, you therefore you should NOT have to pay anything.
If they insist then invite them to take you to Court and a Judge can decide. Call their bluff
Can I clarify anything for you about this today please?
You have rated POOR SERVICE but I have given you the legal answer - what else can I assist you with>?