Sales of Goods Act
Consumer legislation does not apply when you buy or sell something to another individual.
The Sales of Goods Act is not non-optional. In other words, the buyer and seller can agree to terms other than those specified by the law.
You do not have any cancellation rights
When you buy something from an individual, you cannot cancel the purchase in the same way as with a business. You and the seller must agree to any cancellation rights prior to the purchase.
Whether a product is defective or not depends primarily on the agreement. For example, the seller can waive liability for defective products that have been used.
The product may still be regarded as defective if:
- It is different from what the seller told you.
- It is in much worse shape than the price, etc., indicated.
- The seller neglected to tell you about serious defects of which it was aware.
Filing a complaint about a defective product
You must file a complaint with the seller about a defect within a reasonable amount of time after you discover, or should have discovered, it. Notify the seller of the defect and explain why you think the product is defective. You forfeit your right to file a complaint two years after the purchase.
If the product is defective, you can
- Request that the seller correct the defect or send you an equivalent product. A private seller does not usually have an equivalent product to send you.
- Demand a discount.
- Cancel the purchase.
If the seller is unable to correct the defect or send you a new product within a reasonable period of time, you can demand a discount or cancellation of the purchase. You are not entitled to cancel the purchase unless the defect seriously impacts your life.
You may also have the right to compensation for expenses that you incurred due to the defective product.
A product must be delivered by the date that you and the seller agreed to. If you have not set a date, delivery must be made within a reasonable period of time after you entered into the agreement. However, the seller is not required to send the product before you pay.
If the product is delivered late or not at all, you can
- Demand that the seller complete the purchase and deliver the product, or cancel the product under certain circumstances.
You may also have the right to receive compensation for expenses that you incurred due to the delay.
You are required to pay the price that you and the seller agreed to.
If you do not meet your obligations, the seller is entitled to
- Insist on completing the purchase and demand payment, or cancel the purchase under certain circumstances.
The seller may be entitled to compensation for expenses it incurred due to late payment.
Buyer and seller’s care obligation
According to the Sales of Good Act, both parties have a care obligation. In other words, the seller is to care for the product on behalf of the buyer if it is not picked up on time. The same applies if the buyer has received the product but must return it to the seller for some reason. Until that time, the buyer is to care for the product on behalf of the seller.
If the buyer and the seller are unable to reach agreement
If you and the other individual are unable to reach agreement, you can contact the district court. An ordinary court of law can also hear the dispute, but you will have to pay a petition fee and possibly legal expenses as well.
- Proofread 10 April 2018