Ebay item fun...
Discussion
I know the answer is not to use Ebay. But I bought a motorsport item from a well known motorsport outlet 'shop' on ebay. The next day, I went back to the same listing and bought another one as it was a good deal. The first one arrived. Then after taking payment for the second one and telling me it was dispatched, they told me it was not dispatched as they had no stock. The sale was cancelled and I'm being refunded.
Now the thing is, I don't believe them. They have exactly the same item (as identified by the manufacturer model number) on a different listing at £100 more. The listing is slightly different in format, but the item is the same.
So just for fun, did them accepting my order by taking payment and telling me it was dispatched commit them to selling it to me? Or can they just change their mind at that point? Is there some nuance of ebay that lets them not honour the contract?
To be clear, I'm not that bothered as they mis-described the item so it's no use to me and item #1 is being returned. Just interested in whether they are allowed by contract just to decide not to sell one to me having taken my money.
Cheers
Bert
Now the thing is, I don't believe them. They have exactly the same item (as identified by the manufacturer model number) on a different listing at £100 more. The listing is slightly different in format, but the item is the same.
So just for fun, did them accepting my order by taking payment and telling me it was dispatched commit them to selling it to me? Or can they just change their mind at that point? Is there some nuance of ebay that lets them not honour the contract?
To be clear, I'm not that bothered as they mis-described the item so it's no use to me and item #1 is being returned. Just interested in whether they are allowed by contract just to decide not to sell one to me having taken my money.
Cheers
Bert
Had a similar experience with a motorsport supplier, exclusively eBay at the time.
Bought brake discs, and paid extra for next day delivery. Turned out they weren’t in stock (only found this out when I enquired where were they), and they refused to refund the extra postage costs, as ‘I’d get it the next day after they came in stock’.
I left neutral feedback, and got a reply to the feedback calling me all sorts...
Bought brake discs, and paid extra for next day delivery. Turned out they weren’t in stock (only found this out when I enquired where were they), and they refused to refund the extra postage costs, as ‘I’d get it the next day after they came in stock’.
I left neutral feedback, and got a reply to the feedback calling me all sorts...
Evolved said:
They can just change their mind, and the listing. You got lucky with the first.
What was it btw?
But I had a contract. Advertised, consideration accepted, that's binding surely?What was it btw?
It is the most lovely Schroth harness. I might just hang it on my bedroom wall and not return it as it is beauty personified. Sadly with 2" shoulder straps it's no good without a Hans device.
Bert
IMHO, I'd accept (annoying I know) that they can do it as long as you get a full refund. After all, with distance selling regulations, business sellers have to accept 'no reason' returns for up to 14 days after you receive an item. Saying they're out of stock when they obviously aren't would annoy me too.
But in a similar way, many people think a shop MUST sell you an item if you find one with the wrong price on it. No they haven't, the contract at that point isn't until you've actually paid for it.
But in a similar way, many people think a shop MUST sell you an item if you find one with the wrong price on it. No they haven't, the contract at that point isn't until you've actually paid for it.
BertBert said:
But I had a contract. Advertised, consideration accepted, that's binding surely?
It is the most lovely Schroth harness. I might just hang it on my bedroom wall and not return it as it is beauty personified. Sadly with 2" shoulder straps it's no good without a Hans device.
Bert
It is interesting. At what point do you say that the offer to treat became a binding contract? (I don't know the answer) I think in real-world retailing, it is when they take your money at the till. Hence the credit card payment issues, because they don't actually take your money at all if you pay by card.It is the most lovely Schroth harness. I might just hang it on my bedroom wall and not return it as it is beauty personified. Sadly with 2" shoulder straps it's no good without a Hans device.
Bert
Also, do the distance selling regulations have any relevance to that issue?
It's all moot, of course, if they give you your money back (or don't take it at all) because you have no damages to claim, unless you want to chuck your pension into funding a consequential financial loss claim.
hutchst said:
It is interesting. At what point do you say that the offer to treat became a binding contract? (I don't know the answer) I think in real-world retailing, it is when they take your money at the till. Hence the credit card payment issues, because they don't actually take your money at all if you pay by card.
Also, do the distance selling regulations have any relevance to that issue?
It's all moot, of course, if they give you your money back (or don't take it at all) because you have no damages to claim, unless you want to chuck your pension into funding a consequential financial loss claim.
That's the problem, given you had paid and they said it was on it's way yes you probably have a contract but no direct loss. If you had to pay extra somewhere else for the same goods then possibly you would be entitled to the difference but this would need to be offset against the amounts involved, the aggro and going on with your life. Also, do the distance selling regulations have any relevance to that issue?
It's all moot, of course, if they give you your money back (or don't take it at all) because you have no damages to claim, unless you want to chuck your pension into funding a consequential financial loss claim.
lyonspride said:
I wouldn't have bought at item that was listed well below the expected retail price, especially not on eBay.
Yes agreed in general, but if you know the seller, it's less of a risk. And of course, I could be very wrong about whether they have another in stock! So I'm not maligning them too much. Their customer service is excellent and they are arranging pickup of the one item.Bert
A Coverzone stormforce cover (size 257) is £169.40 from the manufacturers online.
There are sellers on ebay selling the GENUINE items for £148, but back in Dec 2017, a seller had a few at £110. I enquired about them and they seemed genuine. Ebay the next day had a 4 hour flash sale in certain categories with 20% off. So I got one, delivered, for £88. It's the real thing, and I think at almost half price, a bargain. Taken a lot of use and thoroughly recommended.
That said, I've also bought a so-called waterproof cover from somebody else for my motorbike that was nothing better than a sheet of polythene with a heat seam at one end, total garbage. It's why people have faith in 'brand' names most of the time.
There are sellers on ebay selling the GENUINE items for £148, but back in Dec 2017, a seller had a few at £110. I enquired about them and they seemed genuine. Ebay the next day had a 4 hour flash sale in certain categories with 20% off. So I got one, delivered, for £88. It's the real thing, and I think at almost half price, a bargain. Taken a lot of use and thoroughly recommended.
That said, I've also bought a so-called waterproof cover from somebody else for my motorbike that was nothing better than a sheet of polythene with a heat seam at one end, total garbage. It's why people have faith in 'brand' names most of the time.
Wasn’t there something similar with tyres?
One of the big names had advertised tyres at the wrong price and people had paid for them but the orders were then cancelled. Im sure it turned out that the contract didn’t exist until the buyer had possession of the goods so there wasn’t much anyone could do. Something like that anyway.
One of the big names had advertised tyres at the wrong price and people had paid for them but the orders were then cancelled. Im sure it turned out that the contract didn’t exist until the buyer had possession of the goods so there wasn’t much anyone could do. Something like that anyway.
SteveC72 said:
Wasn’t there something similar with tyres?
One of the big names had advertised tyres at the wrong price and people had paid for them but the orders were then cancelled. Im sure it turned out that the contract didn’t exist until the buyer had possession of the goods so there wasn’t much anyone could do. Something like that anyway.
Happens all the time halfords tool kits , argos tv’s etc etc , people spot the price muck up and order loads setting off alarm bells at hq and item gets cancelled, no legal requirement for retailer to honour a mistake .One of the big names had advertised tyres at the wrong price and people had paid for them but the orders were then cancelled. Im sure it turned out that the contract didn’t exist until the buyer had possession of the goods so there wasn’t much anyone could do. Something like that anyway.
bimsb6 said:
Happens all the time halfords tool kits , argos tv’s etc etc , people spot the price muck up and order loads setting off alarm bells at hq and item gets cancelled, no legal requirement for retailer to honour a mistake .
With an online retailer who publish their T&Cs, they can get away with it - T&Cs specifically say that your 'order' is the invitation to treat and their acceptance is what forms the contract.(I had just this with Lego website over Xmas, when someone naughtily released an employees (might have been Merlin employees) 40% off code to the public - Lego pulled the code after about an hour and the following day just cancelled all orders)
eBay is an interesting one though...it's advertised as an auction site, where normally you'd expect the presence of an item to be the invitation and the payment to be the acceptance - might be worth digging into the eBay T&Cs and checking whether registered retailers can publish their own as an alternative.
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