Sellers who back out. • Collecting General • The Acaeum

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Sellers who back out.
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bclarkie
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Posted: Sat Jan 29, 2005 3:51 pm

Hey all, I have been on EBay for a pretty long time now (6 years), but only recently have I run into problems where a seller with a BIN on his auction backs out after after I buy it. It has happened to me now TWICE in the last 3 weeks. The first seller gave me some BS excuse that he was listing the auction for a friend as a favor, and then after I bought it, he found out from this friend that it was already sold to a local hobby store. Then today I bought this one:

cgi.ebay.com/ws/eBayISAPI.dll?ViewItem& ... RK:MEWN:IT

And the seller said that he made a mistake in putting the BIN and he didn't want to have to sell it to me. I really would prefer to not get into a feedback war over it, as it is not really worth it to me, but I was just wondering if anyone had any thoughts on this from having dealt with it in the past or how they would handle it if it happened to them.

mbassoc2003
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Posted: Sat Jan 29, 2005 4:02 pm

I would inform the seller that a contract of sale had been entered into and accepted, and as eBay are the owners of the site, you would prefer eBay to be involved in arbitrating the dispute that the seller has now begun.

You could also hint at the fact that you are a business, and that should the seller wish to break the contract of sale without first seeking arbitration from eBay, then you will pass the matter along to the relevant department (legal team).

dbartman
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Posted: Sat Jan 29, 2005 4:30 pm

The seller is required to sell it to you at the price you paid or it is a breach of contract. In this case it appears that they made a legitimate mistake since the rest of the auctions they have listed are not BIN. Doesn't matter though, the sale has to be honored.

killjoy32
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Posted: Sat Jan 29, 2005 4:47 pm

yeah at the end of the day - its a contract as stated by ebay in their terms and conditions. so go back to him and approach it that way.

ebay SHOULD do something about it, but as i have found many times in the past, they are about as useful as a chocolate teapot.

if you know anyone who knows law, test the water that way and see where you stand and what you can do (will need to printout the ebay terms and conditions for them to peruse).

i've had it happen to me a few times and each time its never gone well, but the things were incredibly minor so wasnt worth the hassle of taking the matter further.

hope you get it sorted to your taste!

Al

Are we nearly there yet?

Kingofpain89
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Posted: Sat Jan 29, 2005 6:21 pm

If it was me, I would let it go. Sure the person is a dipshit and needs to be smacked in the head but why let it bother you. He or she would probably put the modules through a paper-shredder, let their cat piss on them, and then charge you $15 dollars for next day delivery. Then all you would have is some colored paper shreds that smell like cat piss. :twisted:

Shingen
Active Collector

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Posted: Sat Jan 29, 2005 7:33 pm

A Sale is a sale. Tell them you will contact eBay.

bclarkie
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Posted: Sat Jan 29, 2005 8:27 pm

Well here is an update. The seller contacted me again later on this afternoon and has changed his mind. He has agreed to sell me the items because he realized it was his fault in the lisitng and not mine. Thanks all for the posts and the advice and hopefully I wont have to deal with this again.

draco76
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Posted: Sat Jan 29, 2005 8:37 pm

well what are you getting his title and description do not match.

X10 Red Arrow, Black Shield 9160 isn't listed in the title
just x1-4

bclarkie
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Posted: Sat Jan 29, 2005 8:49 pm

draco76 wrote:well what are you getting his title and description do not match.

X10 Red Arrow, Black Shield 9160 isn't listed in the title
just x1-4

I am getting what was included in his description, not what was in his title. I think that is why he probably originally wanted to back out.

killjoy32
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Posted: Sun Jan 30, 2005 5:20 am

nice purchase then - good one!

Are we nearly there yet?

Terminal_Frost
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Posted: Sun Jan 30, 2005 11:39 am

For all you whining that he HAS to follow through with this youre wrong. It was obviosuly a mistake and like in retail even if they screw up a price they absolutely dont have to sell it to you that way if they dont want to.

You need to give that seller a big hug and a super A$$ kissing feedback for doing this.

"What can I get for $10?"

"Mint Rare and Shrinkwrapped-just pick that bar of soap up for us pls, we love you long time!"

harami2000
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Posted: Sun Jan 30, 2005 12:45 pm

Terminal_Frost wrote:For all you whining that he HAS to follow through with this youre wrong. It was obviosuly a mistake and like in retail even if they screw up a price they absolutely dont have to sell it to you that way if they dont want to.

You need to give that seller a big hug and a super A$$ kissing feedback for doing this.

Would tend to agree. I presume "E&OE" applies similarly to eBay.
Perhaps eBay's fault for not raising it with sellers to put that on their sales on a generic basis, however.

Anyhow, I distinctly remember getting it in the neck from people here who armtwisted the seller of my first print OD&D rulebooks to cancel their sale AFTER he'd taken my money and put them in the post to me, on the basis that his listing had been erroneous (in that the books didn't "belong" with the white box they were sold with).
Cost me high side of $250 and a whole lot of stress, that did; thank you... <3

killjoy32
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Posted: Sun Jan 30, 2005 1:50 pm

fair do...

however, if the seller is in the UK, thats a breach of the sale of goods act, but there ya go

Are we nearly there yet?

harami2000
Sage Collector

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Posted: Sun Jan 30, 2005 2:19 pm

killjoy32 wrote:fair do...

however, if the seller is in the UK, thats a breach of the sale of goods act, but there ya go

Thought that was more to do with the goods having to be "fit for purpose" once puchased.
http://www.dti.gov.uk/ccp/topics1/facts ... odsact.htm

(heh. Chances of that ever applying to eBay....).

Anyhow; plenty of "conditions of sale" online which refer to the "Sale of Goods Act", yet still have E&OE clauses.

killjoy32
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Posted: Sun Jan 30, 2005 2:48 pm

seems to me to be too many ways of backing out on something to me...but well whaddaya do?

Are we nearly there yet?

harami2000
Sage Collector

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Posted: Sun Jan 30, 2005 2:57 pm

killjoy32 wrote:seems to me to be too many ways of backing out on something to me...but well whaddaya do?

From personal experience, I'd say just to hope to be lucky that high-value auctions you win which have faulty goods or other problems are a minority.
I've been running at well over 50% on that score, recently...

Having sellers back-out when the money is still in your pocket is at least a no-loss situation (bar sniping charges, phps), even if frustrating.

Badmike
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Posted: Mon Jan 31, 2005 12:44 pm

KingOfPain wrote:If it was me, I would let it go. Sure the person is a dipshit and needs to be smacked in the head but why let it bother you. He or she would probably put the modules through a paper-shredder, let their cat piss on them, and then charge you $15 dollars for next day delivery. Then all you would have is some colored paper shreds that smell like cat piss.

Are these listed on the Acaeum under "Rares?" :idea:

Mike B.

Kingofpain89
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Location: Caddo Mills, TX

Posted: Mon Jan 31, 2005 1:05 pm

Badmike wrote:
KingOfPain wrote:If it was me, I would let it go. Sure the person is a dipshit and needs to be smacked in the head but why let it bother you. He or she would probably put the modules through a paper-shredder, let their cat piss on them, and then charge you $15 dollars for next day delivery. Then all you would have is some colored paper shreds that smell like cat piss.

Are these listed on the Acaeum under "Rares?"

Mike B.

No...but there could be a special section for autographed or celebrity copies of books. Everything in the section would be unique so the prices would be extremely high. I can see it now: An OCE with Cheeto dust smeared on the surface and fingerprinting done to verify that it was Gygax's. Or maybe a copy of the DNA test used to verify that the dried snot on the cover of a particular Fiend Folio is actually from Graeme Morris' nose.

I have an extremely rare item that someone might be interested in. I have a copy of Dungeons and Dragons: 30 Years of Adventure that I used to beat a Barnes and Noble employee to death after trying to return it once I found out just how big a piece of crap it is. It has a very nice blood spatter pattern on the spine and cover. Very reminiscent of early Tharizdun works. :twisted:

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