Ebay advice needed asap,please read

[daz bmx it!]

Hey chaps,bought a bmx part last night off ebay it was listed at £15 posted  BIN looking around other items of the same were selling for £60 so I bought it asap,paid via paypal straight away.I then recieved a message from seller saying congratulaions you have won  this item,thx etc etc...now this morning I get another email thru ebay saying he wants to cancel the transaction? but he/she gives no reason why? so I sent back that I dont wish to cancel,I'd prefer to recieve the item I also believed that in accordance with ebay rules all sales are legally binding and they should be honoured and obviously I've already paid! so where do I stand on this my learned friends? lmk thx

[stidds]

Had this happen to me a while ago Daz,  I bought a frame and forks from the USA for a lot less than the seller wanted for it.

Paid via paypal and then the seller wrote to me saying the item had been stolen from him.  He then listed it again a couple of weeks later, I complained to ebay and they said that they cannot force someone to sell their item to me and there was nothing they or I could do. 

I had to leave negative feedback that is all.

[Tefore]

as above mate the ebay cannot make him do anything apart from leave bad feedback. the ebay rules etc dont mean shit . i bought a fiesta rs turbo a few years back and was advertised as never welded never been in accident etc when i received it and took it to be checked all over it was as bent as a fyfes bannana. the hpi said it was smashed up in 95.(should have checked before i bought i know). the seller would not refund so i contacted ebay and got a message saying " as ebay is a auction house and have no legal position to act i would have to contact solicitors". they just dont want to know mate so i doubt you will get the item

[fischflo]

if thats how it is i'd ask for a deal like "~ £35 +-  sound right to you?" [=(15+60)/2 ]
leave him at least a neutral remark "...can't forget"    so he won't get all away

[moley]

Sounds like the fooker has discovered the true cost of the item..........

..........but no shop has to sell you the item if its marked at the wrong price.

Just because something is marked at £5 but he really should have put £50.   He doesn't have to sell for £5.

He just marked it up wrongly and therefore doesn't have to part with it and you get your money back.

With EBAY its a bit more shifty.  People let auctions run and dont put in a reserve for the minimum they are willing to let an item go at and then the renege on the deal when they dont get what they expected to.

In your case its different.   It was a BIN price.   And by your own admission it was below the BIN prices of similar items.

You tried your luck to get a cheap deal but he recognised his mistake and wont honour the deal.

Whether he marked the items price wrongly or he has now discovered the normal price of this item is much higher (probably the latter), there is nowt ya can do about it.  

Ya win some,  ya lose some.   Shits happens.

Get a refund for all monies paid and then give him bad feedback and cross him off your xmas card list.

..............and if you know where he lives then send in the Hit Squad!!!  

[trasher]

Thought ebay could suspend the account
Untill issues are resolved , and also put a block on your paypal

Well that's what I threatened the bloke with for that Redline I won
He didn't want to let it go for what I payed

[gt_lover]

that happen to me last week and ebay said theres nothing they can do   

 get refunded and leave a big fat negative 

[brass monkey!]

Daz

Name the seller ! name n shame mate !!


I thought that if you sold something on ebay it was a contractual agreement and they had to sell the goods to you? Has that changed?

If the seller can just say "sorry mate, ain't selling" then it's b*llsh*t ! I recently sold a nice set of tyres and got way below what i expected, but I am honouring the deal...

just goes to show there's some cnuts about!

name n shame em Daz,
 
Matt

[markyp]

if a seller can refund if it sells for less than they want then it makes a mockery of the auction process,surely he should have set a reserve??also whats the point in bidding and getting a bargain if sellers wont part with the goods,you can see why some people shill bid,this way at least you would get your item,ebay is floored is some areas,like you said daz,i thought ebay was a legally binding contract,thats why that shill bidder a while back was jailed

[moley]

if a seller can refund if it sells for less than they want then it makes a mockery of the auction process,surely he should have set a reserve??also whats the point in bidding and getting a bargain if sellers wont part with the goods,you can see why some people shill bid,this way at least you would get your item,ebay is floored is some areas,like you said daz,i thought ebay was a legally binding contract,thats why that shill bidder a while back was jailed

...........but in this case it was BIN price!!

There was no auction.    If a shop can refuse to sell an item because the ticket on it was priced wrongly then why can't he?

If it was a genuine mistake (which it could have been.........but probably not) then he should be allowed to cancel.

Did the seller have more than one of the same item and were the other items priced differently?

If he has 4 to sell and 3 are at £50 and one is at £15 then it could be a genuine mistake.

................but I doubt it.   He's probably a shifty cnut!! 

[brass monkey!]

if a seller can refund if it sells for less than they want then it makes a mockery of the auction process,surely he should have set a reserve??also whats the point in bidding and getting a bargain if sellers wont part with the goods,you can see why some people shill bid,this way at least you would get your item,ebay is floored is some areas,like you said daz,i thought ebay was a legally binding contract,thats why that shill bidder a while back was jailed

...........but in this case it was BIN price!!

There was no auction.    If a shop can refuse to sell an item because the ticket on it was priced wrongly then why can't he?

If it was a genuine mistake (which it could have been.........but probably not) then he should be allowed to cancel.

Did the seller have more than one of the same item and were the other items priced differently?

If he has 4 to sell and 3 are at £50 and one is at £15 then it could be a genuine mistake.

................but I doubt it.   He's probably a shifty cnut!! 

You are wrong! Sorry, but I am a purchasing contract manager.


The contract law states an 'offer to treat'

Ie: If a shop wrongly advertised some goods at the wrong price you have the right to buy at that price.  If you go into a shop, pick up an item and pay for it at the till they cannot by law tell you sorry it was a mistake give it back and here's your money.

You could threaten him with legal action.

The seller is the biggest parasite on the BMX scene, we all know who he is, happy to buy (IN BULK) cheap at MK, leaving the rest of use without the opportunity of a rare bargain, but when the boot is on the other foot it's different.

REPORT HIM TO EBAY. EMAIL HIM AND TELL HIM THAT YOU WILL PRESURE THIS IF HE DOESN'T COME THROUGH. 

[poolysheriff]

Let us know what it was you bought Daz

And who it was off

As i might have bought something off the same person recentlly

[moley]

Yep I agree with that!!     I'm  talking before you buy the item!!

Any shop can refuse to sell the item at the wrong price.   Once sold then it is sold!!    They then cannot ask for their money back etc, etc.

But this is distance selling and thats different!!

The consumer has a right to cancel..................does the seller?

If you buy something through Paypal..................does the seller have to accept payment.   If he hasn't accepted payment (probably not on BIN) then he hasn't been paid yet.  

I haven't sold anything on EBAY so I dont know how this process works.

I always honour my agreements...................t'is a shame others can't too!!

[Badbaldie]

The seller is the biggest parasite on the BMX scene, we all know who he is, happy to buy (IN BULK) cheap at MK, leaving the rest of use without the opportunity of a rare bargain, but when the boot is on the other foot it's different.

i think the clue is here as to who the seller was !!!!!!!!!!! once again this nasty guy of bmx makes his move. 

[moley]

Maybe all sellers could agree to only sell 1 item to this buyer!!

If there are any left at the end of MK then he can buy them!!

Surely if there is a good deal to be had,  if he was offered these goods after MK then he would have taken them!!

If the sellers are that bothered about the money then they'd sell to the highest bidder and not just offer a cheap BIN for cash!!

Either that or arrange a time for selling the items and then have a queue.   Anyone who wants one can turn up and be ready to buy!!  If your late then you lose out!!    You buy the item and then have to re-queue to buy another one!!   It would stop certain buyers picking up bulk lots!!

Not the sellers fault though.   They are there to get rid of stock and its far easier for them to rid of the whole lot at the same time.  Its just annoying when you know the buyer will just re-sell the good on at inflated prices!!

[markyp]

daz was it actaully B that you bought the item from,if so i know what it was you bought,was it a black suntour seat clamp for £11.99 plus post?i saw that when they listed it and i thought i know for damn sure thats a mistake and they wont part with,especially as they are £50 for blue or gold etc,a listing mistake yes but by law they have to sell it to you.i was in burtons last year looking for a shirt for a wedding ,the one i picked up was wrongly priced but the lady said too bad for us we have to sell you at it at the wrongly marked price,the law is the law ebay or not

[fischflo]

But this is distance selling and thats different!!

The consumer has a right to cancel..................does the seller?

i think that the consumer only has the right to return an item which he bought from a commercial seller

if this is so -- what i think is true --, then the "mistaken" seller really should be fair enough to at least send the damn thing for 35 quid;
after all --if the BIN item was paid for, i guess its already legally daz's --- he bought it, so the seller is a dick if he refuses to send (and if not even for 35£ -.-- a dick regardless really, as to whether he was non-commercial or commercial)

[daz bmx it!]

 

[moley]

i was in burtons last year looking for a shirt for a wedding ,the one i picked up was wrongly priced but the lady said too bad for us we have to sell you at it at the wrongly marked price,the law is the law ebay or not

I checked up on the LAW and goods sold in shops are classed (usually) as Invitation to Treat so Burtons could have refused to sell it to you but nice that they did.

http://www.out-law.com/page-394

As for EBAY's BIN, it seems it falls under the same Invitation to Treat rules (according to some articles) and therefore Daz should get his item because he paid for them.

Ebay rules state that he can't renege on any deal.  So you should report him.

Remember Argos with the £3 TV's

http://news.bbc.co.uk/1/hi/business/441740.stm

They could have been sued etc, etc but weren't. 

Maybe the fact that EBAY and Paypal are between the buyer and seller, it could make contracts less binding and the law gets a bit fuzzy.   The law maybe clear but Argos got still got away with it.

Maybe some people/firms need to be sued to find out which side the courts favour.   If no one gets sued then nowt will change.  People will just hide behind internet.

Maybe some new laws need to be introduced or maybe they just need to be clarified and enforced!!