Intermediary and consumer sales
Does the company act as an intermediary and sell products to a consumer on behalf of someone else? In that case, the sale may still qualify as a consumer sale. If the consumer cannot clearly see that the company acts only as an intermediary, and the company acts professionally, the company must comply with consumer protection rules. The law looks at the position of the consumer, not only at the form of the contract.
What is an intermediary?
A company acts as an intermediary if it sells a product or service on behalf of another person.
This means the company is not the seller or owner of the product but acts on behalf of a third party.
When does it still qualify as a consumer sale?
A consumer who buys a product directly from another private individual is not protected by consumer sales law. This is different when the consumer buys a product through a professional intermediary.
The sale qualifies as a consumer sale if all of the following conditions apply:
- The company acts as an authorized representative in the course of its profession or business;
- The company sells a product of a private individual as a professional intermediary; and
- The consumer does not know that the actual seller is not a business.
If it is not clear to the consumer that the company acts on behalf of a private individual, the sale qualifies as a consumer sale.
Example:
A car dealer sells a second‑hand car owned by a private individual to a consumer. In that case, consumer protection rules apply, including the right to clear information and warranty.
Note:
As an intermediary, the company may be held responsible for complying with consumer rights, even if the company is not the owner of the product.
