Brenda wrote:
<I know this item is being offered from USA, but there are numerous
items offered from UK with equally incorrect descriptions. Does the
Trade Descriptions Act apply to items sold on Ebay? ie "fit for the
purpose".>
In the UK, the Trades Description Act applies to items sold by businesses:
"It is an offence to apply a false trade description to goods, or to supply
goods to which a false trade description is applied. If a trader can show
that he took all reasonable precautions and exercised all due diligence to
avoid the commission of the offence, he may escape liability."
Again in the UK, the "Sales of Goods Act" applies to everyone, including
private sales. Briefly::
"Wherever goods are bought they must "conform to contract". This means they
must be as described, fit for purpose and of satisfactory quality (i.e. not
inherently faulty at the time of sale)."
and
"If goods do not conform to contract at the time of sale, purchasers can
request their money back "within a reasonable time". (This is not defined
and will depend on circumstances)"
Jean in Poole
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