Buying from live auctions can lead to fake product victimization
With the epidemic period of Covid-19, the number of requests for live auctions made through social media accounts has increased. Almost everything is sold at these auctions, from clothing to perfumes, from pigeons to vintage goods, from watches to collectibles like stamps and rosaries.
Consumers who are victimized by the product they buy often have trouble reaching the people and companies running the auction.
Lawyer Baki Öztürk, a member of the Legal Commission of the Consumer Confederation (TÜKONFED), stated that they observed an increase in fraud cases through auctions.
INVOICE OR SALES AGREEMENT MUST BE ISSUED
Pointing out the importance of knowing who the auctioneers are so as not to be defrauded, Öztürk said: “Sellers’ business identification information should be verified. Auction sales must be made in accordance with the legislation on distance sales and distance sales contracts. The person or company making the sale must issue an invoice or a sales contract stating that the purchase is made. However, most auctions do not issue invoices. If you do not have such a document, you may have legal problems while you search for your rights.
‘PAY AT THE DOOR SHOULD BE PREFERRED’
Expressing that in such auctions, full payment is requested before the product is shipped, Öztürk said: “For this reason, the option of paying at the door should be preferred if possible. The ‘description’ section should not be left blank when sending money for payments made through the bank. In the description section, it should be clearly written to whom and for what product the money was sent. Writing this strengthens our hand legally,” he said.
Öztürk pointed out that if purchases made at auctions are below 66,000 lira, consumer arbitration committees can apply and that consumer courts can seek rights for purchases above this amount.
FRAUD IS COVERED BY CRIME
Referring to the criminal aspect of the issue, Öztürk said that consumers can apply to prosecutors within the scope of fraud. Öztürk said: “If a product that is claimed to be original when sold to you is a replica, it falls within the scope of fraud. The important thing here is that they provide a financial gain by tricking you into cheating. Even if it is a 1 lira product, there is the same criminal element. Applying to the prosecutor’s office does not imply an economic burden, ”he said.
Pointing out that while the right of return and withdrawal is one of the most fundamental consumer rights, there are situations where this right is not exercised in live auctions, Öztürk said:
“You can use the right of cancellation and withdrawal within 14 days, except for some products, in online purchases. In these auctions it is said that there are no returns, but this statement has no legal basis. You can use the right of withdrawal within 14 days on auctions. In cases where you cannot make use of your right, go to the consumer arbitration commissions”
SIZE OF THE TAX LEAK
Öztürk pointed out that because the auctions did not issue invoices, there was also the scope of tax evasion, and said that they could also go to the Tax Administration to prevent tax evasion by these people.
Öztürk suggested that the cargo coming from the auction be opened with the courier, if possible, and stated that a report should be kept in case the product is a replica, has a problem or if the cargo is empty.
Öztürk stated that taking photos and videos of the cargo would also contribute in terms of evidence, saying: “Screenshots or video recordings of the auction may also be taken in a way that does not impede the protection of personal data.”
Explaining that there are also businesses that carry out the auction practice in a very professional manner, Öztürk said: “However, it is useful not to buy from unreliable places. Live auctions can be done with fake accounts, especially on social media. These are to be avoided. You have to be a conscious consumer.” (AA)