Overview
What rights do buyers have when they win an auction?
Statutory rights
If a consumer (ie somebody not acting in the course of business) is buying brand new goods at auction, or via an online store they have clear rights under the Consumer Rights Act 2015. However, as most auctions sell second hand goods, you should be aware that the same rules do not apply to second hand goods and you should instead refer to the Sale of Goods Act 1979.
The Sale of Goods Act 1979 requires that any item sold must match its description, be of satisfactory quality, and be fit for purpose. Any failure to meet these standards gives a purchaser the legal right to a repair, replacement, or refund. However, the remedies available in this situation are fairly limited.
You should also be aware that, usually, a consumer will have the right to cancel a contract formed to purchase an item within 14 days, but if they had the option to attend the auction, this does not apply.
Faulty items
When buying something brand new, a purchaser is covered by certain guarantees and regulations if the product does not meet certain standards. However, these rights are quite different when you buy something at auction.
Whilst we will do as much as possible to ensure that goods are in the described condition, a purchaser should make sure that they do as much homework as possible to check an item’s condition, as many items are ‘sold as seen’. We do offer both in person and video viewing of all our lots for sale.
When purchasing used goods, a buyer should check them over thoroughly and test any moving or mechanical parts. We give purchasers the opportunity to view our lots in advance.
Distance selling regulations
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 confer certain rights on consumers when they purchase something from a distance (eg online). For example, a seller should provide certain key information including a full description of the goods, the total price including delivery charges, how payments should be made, details of any rights to cancel, and how returns can be made.
It is important to be aware that these regulations do not apply to online auctions, so purchasers need to be sure that they understand the contracts they are entering into before they start. The regulations do apply to purchases from our online non auction new items.
Is the seller or the auctioneer liable for any issues?
When a purchaser buys something at auction, the contract of sale that’s formed is with the seller themselves and not with the auction house or auctioneer, so any complaints should be directed to the seller.
However, the auction house may find itself liable for certain things. For example, if they are found to have misrepresented the item in the description, if there is fraud, or if the seller’s instructions have been ignored.
What to know before the hammer falls
Whilst an auction can look like a lot of fun, a bidder needs to be aware that, the moment the hammer falls on their winning bid, they have entered into a legally binding contract to buy something. In many auction houses, they will be required to provide one or more forms of identification and to have the funds available for the purchase that they have made.
If you’re planning to bid at an auction, you should have a budget in mind that you must stick to and should not get carried away in the bidding process. In some auctions, it may be possible to submit a maximum bid to the auctioneer who will bid on your behalf until you reach that amount.
It is important to understand your rights when buying at auction and how they can differ from other avenues, to ensure that you do not end up making any costly mistakes that you later live to regret.
RETURNS & DELIVERY POLICY
RETURNS POLICY
Under no circumstances can the Buyer cancel the sale of an item purchased through the auctions run by Chorley Auctions Ltd. Cancellation of new items in our online store is allowed. You are responsible for the cost of returning the item to us.
All returns are subject to the following terms and conditions:
Descriptions: Any representation in any catalogue or otherwise as to the origin, date, age, attribution, genuineness or estimated selling price of any lot is a statement of opinion only. Such statements do not constitute a representation, warranty or assumption of liability by Chorley Auctions in relation to any lot. Prospective buyers should satisfy themselves prior to the sale as to the reliability of the catalogue description.
Condition: Buyers are responsible for satisfying themselves concerning the condition of the property. All lots are sold as seen. You can visit and view any lots by appointment.
Electrical Items: All electrical items are sold as seen and Chorley Auctions Ltd offers no guarantee as to the working condition of such items. The majority of our lots are used items from House Clearances in Lancashire
Refunds: We will only make a refund using the same method of payment originally used by you to pay for your purchase, or by bank transfer. Your refund will be processed as soon as possible and in any event within no more than 28 days of the day you have given us notice of cancellation.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within five to seven working days.
Late or missing refunds
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at contact@chorleyauctions.uk
Shipping
We do not offer in house shipping. However you can use Shiply Couriers at your expense and we will pack your items for transport. A Flat rate packing fee of £8.50 per lot will be charged.
Need help?
Contact us at contact@chorleyauctions.uk for questions related to refunds and returns. You can also call us on 07379 111680