GumTree Advert - Refund / Regulations etc

[ukbf0001]

Had a strange conversation last night with a friend who took out an advert with Gumtree.co.uk , she paid for the advert thinking it would be UK nationwide (as she was offering a nation wide service) , she later found out - it would only be advertised in her location - which was Bristol - and not the whole of the UK.

She paid by PayPal. She later asked GumTree for a refund when they confirmed it wouldn't be a UK wide advert, she thought under the new distance selling regs the 'Consumer Contracts Regulatons' that there is a 14 day cooling off period especially for online purchases. Gumtree said they wont refund - but I cant find anything that states what the rules are for purchasing an online advert - does anyone know the score here ?

 

[AllUpHere]

Surely purchasing advertising for a business would have to be classed as a B2B transaction, meaning she isn't a 'consumer'. In which case it would depend on the T's and C's.

 

[ukbf0001]

Ah - I didnt think of that - she was advertising as an individual offering a service. Just wondering now whether regardless of her status, she would be classed as a business or individual. Maybe offering a 'service' automatically classes her as a business and hence B2B .....

 

[AllUpHere]

Ah - I didnt think of that - she was advertising as an individual offering a service. Just wondering now whether regardless of her status, she would be classed as a business or individual. Maybe offering a 'service' automatically classes her as a business and hence B2B .....

I would say offering a service in exchange for money is the very definition of ' being in business'. This, however, is my opinion based on nothing more than common sense (so may not reflect the 'legal position'.

 

[beasty]

Gumtree were hopeless, i have run paid adverts with them many times in the past, they used to randomly take them down and not show them for periods they were meant to be up.

It always took the them an age to get an advert up and given they randomly did not show when you searched you had to monitor them which was a pain.

I will never use their crumby service ever again

 

[ukbf0001]

AllUpHere - I understand your point, and in reflection agree this would be classed as B2B, however thinking of Gumtree - I have used them before to sell the odd washing machine etc , if Joe Public paid for an advert to sell something and then decided they wanted to cancel - then it would come under the new consumer contracts reg or I wonder if they'd decline it it?

I always thought the Distance selling / Consumer Contract regs would over ride any Terms / Conditions etc, especially if you paid with paypal and used their dispute service.

Beasty - I think you are right - Gumtree do seem to be all over the place when it comes to their site, nearly as bad as the old money saving expert site

 

[ethical PR]

There is a huge difference between a member of the public selling odd bits and pieces and your friend advertising a service that she offers as a business.

 

[S Goodman]

Agree this would be B2B, so best your friend researches what she is actually paying for in future. Can they not upgrade the ad to Nationwide?

As an aside, I've only used Gumtree once to sell a car, and that was after having no joy with eBay and auto-trader. Ad was up within minutes and we had a offer within twenty four hours. Easiest and cheapest (ie free!) car sale I've ever had.

 

[ukbf0001]

Bit of a grey area I think :-

1. Member of the public advertises a website for sale
2. Member of the public advertises website building advice
3. Member of the public advertises to build a website
4. Member of the public advertises a car for sale
5. Member of the public advertises car repair advice
6. Member of the public advertises to build you a car

Given the above examples - both as digital and non digital type goods which one is classed as a business and which one is classed as Joe Public, I would say there are arguments for both. If someone sells a car - they could be either Joe Public or a Trader.

This is precisely the discussion we had last night - and between 4 of us - we all had a slightly different opinion, so Im guessing there is no absolute black and white here.

 

[S Goodman]

Gumtree have procedures in place to identify who is a business and who isn't. Sell a few cars on there in a short space of time and that'll be a end to your free ads. All your examples would be classed as businesses, bar the car sale. I believe they do actually have real people checking the ads as well.

 

[AllUpHere]

Its not black and white if you are selling a product. However, if you are selling a service I don't see how that couldn't be 'business'.

 

[ukbf0001]

She has left the Ad where it was - and put it down to not reading the small (or even the big print), I think it was only for a tenner or so

 

[john1989]

It’s not a matter of opinion. Being in business is a matter of fact.


If you are offering a service in return for money, then that is a business.


If you sell personal items that is not a business.


If you buy goods for the sole purposes of reselling for a profit, that is business.


Putting aside the differing rights for B2C and B2B, whether you are in business or a consumer, you should do some research and ensure that what you are buying meets your needs.