Another E-Bay Query
Discussion
OK, Heres what happenned, Been looking for a specific toy for my sons birthday. As a big fan of E-Bay, I naturally looked there, and found the perfect item for sale in America. I had no qualms about buying stuff from overseas, and the listing states $24-95 to ship to England. I left my bid, and was delighted to find I had won the auction. Paid within 5 minutes and received receipt, and a promise that goods would be dispatched on this coming Monday. (The seller is quite a big toyshop over there, with a 3500+ positive feedback).
Just had an E mail from the seller, advising me that, as he has now discovered that it was actually going to cost him 50+ dollars to send, that he cannot sell me the item, and he expects me to accept a refund.
From what I can see, according to section 5.3 of the ebay.co.uk user agreement, which are pretty much replicated in section 5.2 of the American version, he is obliged to put this down to experience and send me the goods, unless "...unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity".
I would not describe his inability to research postage costs untill after the auction as "an exceptional circumstance". My first instinct is to insist that he keeps to the deal.
Any one have experience of a similar situation?
Just had an E mail from the seller, advising me that, as he has now discovered that it was actually going to cost him 50+ dollars to send, that he cannot sell me the item, and he expects me to accept a refund.
From what I can see, according to section 5.3 of the ebay.co.uk user agreement, which are pretty much replicated in section 5.2 of the American version, he is obliged to put this down to experience and send me the goods, unless "...unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity".
I would not describe his inability to research postage costs untill after the auction as "an exceptional circumstance". My first instinct is to insist that he keeps to the deal.
Any one have experience of a similar situation?
Just spoken to a friend of mine who is an avid ebayer. He suggests reminding the seller of the price quoted in the item description along with the Ebay rules that you've quoted. If that doesn't work try contacting Ebay themselves as it's their rules you are playing by. If all that fails then at the end of the day you're stuffed, just leave negative feedback on the swine!
He is out of order, but if he refunds your money and walks away what are you going to?
Report him?- eBAY don't care
Leave negative feedback?- He may reciprocate
I would hassle him, tell him to take one for the team and to stand by his word and see how you go, otherwise you are just gonna have to start again.
The reality of eBAy the company is.....they don't give a stuff, because they have no competition annd lots of money so people can do whatever they like on there
Report him?- eBAY don't care
Leave negative feedback?- He may reciprocate
I would hassle him, tell him to take one for the team and to stand by his word and see how you go, otherwise you are just gonna have to start again.
The reality of eBAy the company is.....they don't give a stuff, because they have no competition annd lots of money so people can do whatever they like on there
It could be an honest mistake - what would you do if caught in a similar position?
You can:
a) Lose $25
b) Send the money back and say you goofed
c) Ask awfully nicely for the extra $25.
Negative feedback seems harsh for what might be human error or an oversight, and you may cop one in return.
Can you buy the item elsewhere for the same price? If so I'd accept the refund. If not, then you can theroetically hold him to the contract - but you can't make him send it if he doesn't want to.
You can:
a) Lose $25
b) Send the money back and say you goofed
c) Ask awfully nicely for the extra $25.
Negative feedback seems harsh for what might be human error or an oversight, and you may cop one in return.
Can you buy the item elsewhere for the same price? If so I'd accept the refund. If not, then you can theroetically hold him to the contract - but you can't make him send it if he doesn't want to.
I have come across this before.
It is his problem, not yours. He needs to take the hit, not you.
In the past, if I have ever underestimated shipping I meet the cost, not my buyer.
I suggest you politley point out that you have fulfilled your side of the deal, and now you expect him to fulfil his. You might consider making a goodwill gesture and paying perhaps a third of the extra cost - but you have no obligation to do this at all.
It is his problem, not yours. He needs to take the hit, not you.
In the past, if I have ever underestimated shipping I meet the cost, not my buyer.
I suggest you politley point out that you have fulfilled your side of the deal, and now you expect him to fulfil his. You might consider making a goodwill gesture and paying perhaps a third of the extra cost - but you have no obligation to do this at all.
sparkythecat said:
I won an item on ebay about ten days ago. Postage did not appear on the listing. I have sent the vendor about 6 or 8 e-mails asking for an invoice. I have yet to receive a reply.
At what stage do I give up and post negative feedback?
Maybe he's on holiday? 14 days would seem a fair wait. Depends how laid back you feel or if you want a punch-up
Thanks, I appreciate the suggestions.
The item is available over here for around 60 quid. If the postage on the item from the states was $24-95, the total price, with the current exchange rate comes out around 49 quid. The extra postage makes it back around 60 quid. I know it isn't a lot of money, and if I insist he keeps to his end of the bargain, the thing will be kicked around the shop on the way to the post office before being wrapped in tissue paper and sent via China by sled-dog mail. However, there is a principle at stake here. I buy and sell a lot of text books, and I have been caught out by underestimating postage costs myself. But you put it down to experience, and get on with it.
Fortunatly, he has already left me feedback, so he can expect me to express my displeasure in my response...
The item is available over here for around 60 quid. If the postage on the item from the states was $24-95, the total price, with the current exchange rate comes out around 49 quid. The extra postage makes it back around 60 quid. I know it isn't a lot of money, and if I insist he keeps to his end of the bargain, the thing will be kicked around the shop on the way to the post office before being wrapped in tissue paper and sent via China by sled-dog mail. However, there is a principle at stake here. I buy and sell a lot of text books, and I have been caught out by underestimating postage costs myself. But you put it down to experience, and get on with it.
Fortunatly, he has already left me feedback, so he can expect me to express my displeasure in my response...
Once in a while you see items for sale on commercial sites like Amazon or eBuyer on sale for a ridiculously low sum, and have obviously been mispriced.
Word gets out, thousands are ordered, and when the site eventually discovers the problem they fix the price but are still left with thousands of orders on their hands.
What do they do? Nothing. They cancel all orders, send a polite e-mail out to the buyers informing them of the mistake, and refund any monies where drawn. That's it.
There is no legal requirement whatsoever for them to cough up the goods at the advertised price, and the same applies to eBay.
But legality aside, I don't even think there's a principle behind it that says you must post even if you accidentally misquoted the postage price. People make mistakes, plain and simple - you may very well have felt the need to honour any incorrect postage costs you quoted, and good for you, but by no means would I say there's an unwritten agreement for everyone to do the same.
If you sold a car for £1000.00 but put the dot in the wrong place by accident you're not going to sell it for £100, are you?
I have also made up postage costs to my loss, but we're talking small amounts there - an extra couple of quid at the most. 25 dollars is not an insignificant sum.
At least the seller came back to you quickly and explained the error. If you don't want to pay, you'll get your money back and you both walk away with positive feedback. Free in your case - he still has to settle the auction fees.
I don't think what he did was unreasonable at all.
My 2 cents.
Word gets out, thousands are ordered, and when the site eventually discovers the problem they fix the price but are still left with thousands of orders on their hands.
What do they do? Nothing. They cancel all orders, send a polite e-mail out to the buyers informing them of the mistake, and refund any monies where drawn. That's it.
There is no legal requirement whatsoever for them to cough up the goods at the advertised price, and the same applies to eBay.
But legality aside, I don't even think there's a principle behind it that says you must post even if you accidentally misquoted the postage price. People make mistakes, plain and simple - you may very well have felt the need to honour any incorrect postage costs you quoted, and good for you, but by no means would I say there's an unwritten agreement for everyone to do the same.
If you sold a car for £1000.00 but put the dot in the wrong place by accident you're not going to sell it for £100, are you?
I have also made up postage costs to my loss, but we're talking small amounts there - an extra couple of quid at the most. 25 dollars is not an insignificant sum.
At least the seller came back to you quickly and explained the error. If you don't want to pay, you'll get your money back and you both walk away with positive feedback. Free in your case - he still has to settle the auction fees.
I don't think what he did was unreasonable at all.
My 2 cents.
Jon C said:
Fortunatly, he has already left me feedback, so he can expect me to express my displeasure in my response...
I wouldn't do that. If there's one thing that really pisses me off, it's when I give somebody the benefit of the doubt and leave +ve, then they leave -ve.
Better to reciprocate but put your feelings in the comment line if you really have to score a goal.
>> Edited by simpo two on Sunday 3rd April 22:05
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