Annoying Twit Posted March 12, 2010 Share Posted March 12, 2010 I thought there was supposed to be a policy by ebay where sellers who repeatedly fail to "perform" will get strikes each time they fail to sell the item, and if they get too many strikes their account gets closed. Since feedback is important, this is, I thought, sufficient motivation to keep rogue sellers in line-ish. Quote Link to comment Share on other sites More sharing options...
lemmywinks Posted March 12, 2010 Share Posted March 12, 2010 (edited) [quote name='Annoying Twit' post='773008' date='Mar 12 2010, 05:53 PM']I thought there was supposed to be a policy by ebay where sellers who repeatedly fail to "perform" will get strikes each time they fail to sell the item, and if they get too many strikes their account gets closed. Since feedback is important, this is, I thought, sufficient motivation to keep rogue sellers in line-ish.[/quote] I'm guessing that rule only applies to small sellers that eBay doesn't make much money off. I recently bought a phone battery charger from a company that had over 500 neg feedback in the last month! These guys: [url="http://feedback.ebay.co.uk/ws/eBayISAPI.dll?ViewFeedback2&userid=e_cell&&sspagename=VIP:feedback&ftab=FeedbackAsSeller"]http://feedback.ebay.co.uk/ws/eBayISAPI.dl...eedbackAsSeller[/url] I don't think eBay have done much about them tbh, reckon they've had a few strikes! Needless to say the charger didn't turn up after 2 alleged attempts, got a refund Edited March 12, 2010 by lemmywinks Quote Link to comment Share on other sites More sharing options...
Mr. Foxen Posted March 13, 2010 Share Posted March 13, 2010 [quote name='joegarcia' post='772993' date='Mar 12 2010, 05:35 PM']Yup, same story here. Ebay said that it is between me and the seller and as they had already refunded me there was nothing they could do. I said this completely undermined eBay's 'entering into a contract' rules[/quote] That's not Ebay's rules, thats the law's of this country. Ebay is not party to the contract, the contract is between you and the lister. Quote Link to comment Share on other sites More sharing options...
tauzero Posted March 17, 2010 Share Posted March 17, 2010 I'm not sure that there is a contract. It's a complex area. You could have a search on the newsgroup uk.people.consumers.ebay and also have a look at [url="http://www.out-law.com/page-394"]a legal explanation (sort of) of purchase contracts.[/url] By the time you've worked something out, you could have bought the components and made one... Quote Link to comment Share on other sites More sharing options...
Mr. Foxen Posted March 17, 2010 Share Posted March 17, 2010 Making the payment was consideration, against the item, so a contract was formed. There may be a term somewhere amongst ebay's raft of rules incorporating a term in the contract that it can be dissolved by return of that payment, but that hasn't come to light. Quote Link to comment Share on other sites More sharing options...
tauzero Posted March 17, 2010 Share Posted March 17, 2010 Isn't the creation of the auction the invitation to treat, then the final bid is presumably the offer, and the acceptance of the money by the seller the acceptance? Hence as the seller hasn't accepted the money, it's not a contract as it hasn't been through the three stages. Or am I missing something - does the invoicing constitute acceptance, as that's by ebay presumably as an agent of the seller? Quote Link to comment Share on other sites More sharing options...
Mr. Foxen Posted March 17, 2010 Share Posted March 17, 2010 At auction the contract is formed at the fall of the hammer. The payment is the completion of one parties obligation. Wouldn't massively surprise me if Ebay claims not to be an auction any more, hence 'World's online marketplace' and no instances of the word 'auction' on their front page. Quote Link to comment Share on other sites More sharing options...
joegarcia Posted March 18, 2010 Share Posted March 18, 2010 Seems it's not gonna happen anyway. Very bad feedback being left now. Quote Link to comment Share on other sites More sharing options...
Delberthot Posted March 20, 2010 Share Posted March 20, 2010 when you press the BIn button there's a warning telling you that by confirming you are enetering into a contract regardless of whether payment has been made, received or refunded - its as soon as the BIN button has been pressed and confirmed Quote Link to comment Share on other sites More sharing options...
Annoying Twit Posted March 20, 2010 Share Posted March 20, 2010 [quote name='joegarcia' post='778483' date='Mar 18 2010, 12:39 PM']Seems it's not gonna happen anyway. Very bad feedback being left now.[/quote] As of a few seconds ago there is no negative feedback for the last month. [url="http://feedback.ebay.co.uk/ws/eBayISAPI.dll?ViewFeedback2&userid=sansiriw&&sspagename=VIP:feedback&ftab=FeedbackAsSeller"]http://feedback.ebay.co.uk/ws/eBayISAPI.dl...eedbackAsSeller[/url] Quote Link to comment Share on other sites More sharing options...
Protium Posted March 20, 2010 Share Posted March 20, 2010 I missed this by about 2 minutes, turns out it saved me a load of hassle :wacko: I would seriously keep pushing for it mate... Quote Link to comment Share on other sites More sharing options...
joegarcia Posted March 20, 2010 Share Posted March 20, 2010 [quote name='Protium' post='780925' date='Mar 20 2010, 05:00 PM']I missed this by about 2 minutes, turns out it saved me a load of hassle :wacko: I would seriously keep pushing for it mate...[/quote] There's not much more pushing I can do. Ebay have said it's between me and the seller and are refusing to assist and the seller said she won't sell and will not respond to any more emails. I gave her a last warning and she didn't reply. Need to think up a short bit of nasty feedback that rules out her simply responding 'I made an error in the listing, apologised and refunded, case closed' which is what she keeps saying. Quote Link to comment Share on other sites More sharing options...
JordanRLS Posted March 20, 2010 Share Posted March 20, 2010 [quote name='joegarcia' post='781172' date='Mar 20 2010, 09:20 PM']There's not much more pushing I can do. Ebay have said it's between me and the seller and are refusing to assist and the seller said she won't sell and will not respond to any more emails. I gave her a last warning and she didn't reply. Need to think up a short bit of nasty feedback that rules out her simply responding 'I made an error in the listing, apologised and refunded, case closed' which is what she keeps saying.[/quote] Is there any way you can get paypal involved? Quote Link to comment Share on other sites More sharing options...
joegarcia Posted March 21, 2010 Share Posted March 21, 2010 [quote name='JordanRLS' post='781188' date='Mar 20 2010, 09:39 PM']Is there any way you can get paypal involved?[/quote] No because she already refunded me. I'm not out of pocket I just really want the pedal! Quote Link to comment Share on other sites More sharing options...
civictiger Posted March 21, 2010 Share Posted March 21, 2010 [quote name='joegarcia' post='781339' date='Mar 21 2010, 05:35 AM']No because she already refunded me. I'm not out of pocket I just really want the pedal! [/quote] mate, that pedal is legally yours.. thats actually so stupid.. I REALLY wish you didnt accept the refund!! (or was it not optional?) Just like in a shop, if they get the price tag wrong, they HAVE to legally sell it to you at that price.. my friend got a portable HD for £50 which was labelled £49 instead of £99, the shop made the error and they said it was an error but they said they do have to sell it at that price. That person missing a 1 at the front of the price tag is stupid, before making a £150 sale who WOULDNT check all the details are right? and im sure eBay tells you themselves to check the details are 100% correct before it is listed anyhow.. but at the end of the day eBay are a business, they got paid £3.50 and 21p listing fee for the user - thats all they care about.. they got paid.. they will always say its up to you and the seller.. with any dispute (evne paypal) they will point you in the right direction, and then it is pretty much up to you and the seller.. since you have been refunded already, there is nothing more you can do other than leave feedback, or maybe even haggle it and say you can get the law involved as it is a breach of a buyer/seller contract and they will crap themselves and make the sale via other means like bank transfer.. thats not a nice thing to do - but neither was it what the seller did to you. Quote Link to comment Share on other sites More sharing options...
Mr. Foxen Posted March 21, 2010 Share Posted March 21, 2010 [quote name='civictiger' post='782141' date='Mar 21 2010, 09:38 PM']Just like in a shop, if they get the price tag wrong, they HAVE to legally sell it to you at that price.. my friend got a portable HD for £50 which was labelled £49 instead of £99, the shop made the error and they said it was an error but they said they do have to sell it at that price.[/quote] The legal positions are different there though. In the shop the price label is an invitation to treat, the contract is when it is rung up at the till. In this case it has got as far as the till and rung up £50. In the shop, if the till rings up £150, that's what your contracts says you have to pay. You could take a civil action against the shop for mislabeling the item, but they would not be forced to sell you the item at the point of sale. Most store policy is to sell you the item and change the label, because it's not worth the hassle, and the staff rarely know otherwise. Quote Link to comment Share on other sites More sharing options...
tom1946 Posted March 22, 2010 Share Posted March 22, 2010 I was a shop owner until last october. The subject of pricing error came up in conversation one day las t year and I did some checking with Trading standards. Apparently if I listed say a strat for squier money and someone tried to take advantage of the situation they told me that I do NOT have to sell it at the wrong price. Two weeks later a guy came in and spotted a Yamaha apx 12 string that had been wrongly marked up for £199 (they are twice that) and said I'll have that!!! I said no, sorry the junior has marked it up wrong. He went rather ballistic and threatened me with T.Standards, police, FBI and his mother in law but I just said go ahead sir but you're not having it. He rang a week later and apologised for being wrong. TS told him he had no rights. Soooo..... Quote Link to comment Share on other sites More sharing options...
josh3184 Posted March 22, 2010 Share Posted March 22, 2010 [quote name='tom1946' post='782361' date='Mar 22 2010, 08:29 AM']He went rather ballistic and threatened me with T.Standards, police, FBI and his mother in law but I just said go ahead sir but you're not having it. He rang a week later and apologised for being wrong. TS told him he had no rights.[/quote] Good on him for apologising though. Nice to see people admitted they were wrong these days Quote Link to comment Share on other sites More sharing options...
neepheid Posted March 22, 2010 Share Posted March 22, 2010 [quote name='josh3184' post='782390' date='Mar 22 2010, 09:36 AM']Good on him for apologising though. Nice to see people admitted they were wrong these days [/quote] The lesson is not complete until the humble pie is consumed Quote Link to comment Share on other sites More sharing options...
joegarcia Posted March 23, 2010 Share Posted March 23, 2010 [quote name='civictiger' post='782141' date='Mar 21 2010, 09:38 PM']mate, that pedal is legally yours.. thats actually so stupid.. I REALLY wish you didnt accept the refund!! (or was it not optional?)[/quote] I hope you're referring to the situation (which seems out of my control now unfortunately) and not me. I did not accept the refund, she did it without my consent. Quote Link to comment Share on other sites More sharing options...
The_D Posted March 23, 2010 Share Posted March 23, 2010 [quote name='JordanRLS' post='783626' date='Mar 23 2010, 04:21 PM']If you did not accept the refund, i think it is legally yours via the contract[/quote] With paypal you just click refund and the money goes straight back to the seller. Dont get an option to accept it Quote Link to comment Share on other sites More sharing options...
joegarcia Posted March 23, 2010 Share Posted March 23, 2010 Can people stop telling me the item is legally mine if they don't know what they're talking about please. I appreciate the concern but it's pretty frustrating hearing the same thing again and again that doesn't seem to be true. Quote Link to comment Share on other sites More sharing options...
Kohpnyn Posted March 23, 2010 Share Posted March 23, 2010 Really? She obviously made a mistake when she listed it, why would you try and force her to send it to you? Would you keep someones wallet if you found it? It's their own stupid fault for leaving it right? I despair.. Quote Link to comment Share on other sites More sharing options...
Mr. Foxen Posted March 24, 2010 Share Posted March 24, 2010 [quote name='Kohpnyn' post='784191' date='Mar 23 2010, 11:51 PM']Really? She obviously made a mistake when she listed it, why would you try and force her to send it to you?[/quote] Not really, it was listed for a reasonable figure for a Big muff, adding a 1 to the front would make it a very odd figure to list something at. Plus if you make a mistake at listing, you have still listed it and sent out your contractual offer, this is why there are so many confirmation stages before it goes live. If someone sold me a wallet for £5 and it had £5 in it, that I knew was there, and they asked for it back, I'd probably not give it back to them. My wallet is in dire need of replacing. Similarly, JoeGarcia is a guy with a chronic shortage of fuzz pedals. Quote Link to comment Share on other sites More sharing options...
Ou7shined Posted March 24, 2010 Share Posted March 24, 2010 [quote name='Kohpnyn' post='784191' date='Mar 23 2010, 11:51 PM']Really? She obviously made a mistake when she listed it, why would you try and force her to send it to you? [b]Would you keep someones wallet if you found it?[/b] It's their own stupid fault for leaving it right? I despair..[/quote] Dude, that metaphor is not even remotely relevant to this situation. Quote Link to comment Share on other sites More sharing options...
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