hi,some one bid on some things from me on ebay and won,the listing said collection only and payment by cash only and after auction she emaild me making excuses that she didnt look at where we are located and says its too far away to collect and could I post it out.
I didnt want to do this in the first place but agreed to help her out so I explained that due to the weight of the items and fragileness-which would mean Id have to buy loads of bubblewrap that the postage would be 拢15.
She isnt agreeing to this.
What should I do as in all fairness shouldnt she b forced to come and collect then as a bid is legally binding isnt it?
I just dont wanna wait 10days to file an unpaid item dispute-itll loose me time and money and is a pain in the ar*e.
I have emailed ebay to tell them but is ther anything I can do to take it further(as in past experience I know ebay r hopeless at resolving things)
Any help much appreciated.
xx
Answers:
The situation under contract law is relatively clear cut. If the terms and conditions of the contract are clearly stated pre-contractually they are part and parcel of the contract.
Therefore the terms that you had on your Ebay listing of "Collection only. Payment by cash" mean exactly that. These are the terms and conditions of the contract and must be complied with. It is no different to selling a motor car and disclosing to the purchaser that the top of the range CD player is not part of the deal. They buy it on that understanding!
Even if the purchaser on Ebay had not read the terms and conditions of your sale they are still bound by them if they were brought to the reasonable attention of the contractee.
There are a number of routes you can take:
1. Sue the buyer for breach if they don't pay up. Once a contract is breached it gives the other party the right to sue.
2. Inform the buyer that due to breaching the conditions the contract is not to go ahead. You may risk negative feedback but since you notified Ebay they should remove the posting.
Yes, of course a winning bid at an auction creates a legally binding contract. God help Sotherbys and other auctions sites if that were not the case!!
Good luck!
Can you not give a second chance offer ????
Unfortnately youll have to wait the ten days to file she has those days to actully come and get items even if she says too far .Send a email to her state as clear as you can either you come pick up or pay for shipping charges it is not my fault that you could not take the time to read the terms of the bid before you bid Ionce did something similar and to keep the neg off my record sent payment and told them to relist it AND post neg on the feed back shell do the same but at least you help someone else out
your right in everything you are saying, but no one can make this woman/man come to your house and pay, if you can not agree on a post cost, i would offer it as a second chance offer to the next bidder and fill out the agreed form to say that you do not wish to continue with the sale with the first buyer, you will get your fees back then, just explain they did not read the listing and your to far away for them to collect, you offered to post but they refused to pay the postal charges.
if you neg them they will only neg you back so what is the point of that.
at the worst she/he will get a unpaid item strike only
good luck
Cancel the transaction it's not of your making advertise the items again stating it's due to none none payment
If there were other bidders you could give a second chance offer to the next highest bidder. I am a seller on eBay %26 this happened to me for the first time a few weeks ago, but fortunately the buyer agreed to pay 拢16 postage. It is annoying when people bid on items without reading the description properly. If you enter into a dispute with her, try to keep it amicable as you don't want to get negative feedback over it. Otherwise, you'll just have to wait the 10 days... I hope you manage to work it out.
May I respectfully suggest that you only accept payment by Paypal in future and providing you stick to your description conditions you can dump it if they dont collect it in an agreed time scale.
Something very similar happened to me and I reported them as a non-payer. Unfortunately, they then gave (my first out of 170) negative feedback branding me a liar and a cheat.
eBay would NOT remove this libel from the site until I sent a letter signed by a solicitor and even then it wasn't straightforward.
My strong recommendation to you is to bite the bullet and let them get away with it because they always have the upper hand.
In this respect I think eBay are very bad because it is easy to be a bad eBayer and very difficult as a good one to preserve your reputation in face of morons.
Good luck.
use the member rating feature
you could try and convince her to pay up by reminding her its a legally binding contract and threatening legal action, but if you were to try to sue you would probably have to pay costs which may be more than she owes you! Hope you can get it sorted
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