DVD Free P&P Seller Adding Postage After Auction End

motorguy

cyril82 wrote: »

I don't see any evidence that the listing was confusing or misleading.

Again, you're showing that you didnt bother reading the original posts on this thread, before climbing onto your high horse. I've extracted them from the O/Ps posts for you...

greeneye wrote: »

Just had a seller add a postage charge in the seller discount/charges box after I won a DVD with free P&P (there is a vague reference in his terms and conditions that he will do this after the auction has finished).

greeneye wrote: »

As I said his T&C's are vague and seem to be a template he uses on all his auctions (he mentions altering the invoice but seemingly with regards combined postage)

Is that enough evidence for you?

cyril82

soolin wrote: »

How odd, I was sure I was told on an earlier thread that I shouldn't be going round reporting random auctions

Well personally i do think it is very sad when people spend their time and get their kicks from reporting sellers for minor breaches of ebay policy that don't affect the buyers and especially themselves who have no intention of buying the item

It has a ring of telling tales in school to me but if you want to do it, knock yourself out.

With regards what i've said in this thread about reporting i was merely pointing out that advising a buyer to report and avoid was better advising to buy and exploit.

If the OP had asked my personal advise, which they didn't which is why i stuck to being objective, i would have told her, If you see a listing and don't like it's T&Cs DON'T BID/BUY and if you're asking me should you report them, well, only if your a sad petty little individual with nothing better to do with your time.

So hope that clears that up, i told you two separate things in two separate threads because in one i was expressing my personal opinion (as was everyone else in that thread) and in this one was being objective, the two are not the same.

StaffsSW

I tend to follow the T&C's of eBay - not those that are added in a DESCRIPTION section by some misinformed/naive/uneducated/deliberately scamming seller.

I still see sellers saying that negative feedback will be left for non-payers.
I still see sellers claim that they are not responsible for items lost in the post.
I still see sellers claim that they will issue an unpaid strike if not payment not received in 3 days.
I still see sellers claim that they are not a business, despite having hundreds of brand new items up.
I still see sellers say that will not accept paypal.
I still see sellers requesting payment by Western Union.

Does this make them right? Because it is part of the description, does that really make it a legally binding term or condition?

I think only a fool would believe that.

If people do not like the way eBay works, then they should choose not to use it.

Simples.

motorguy

cyril82 wrote: »

But when you bid on an item you are agreeing to be bound by the terms in the listing and that you have read and understood them.[/FONT][/COLOR]

When i buy an item i follow ebays terms and conditions primarily. In the same way as some sellers think they can get round their responsibilites to have the item delivered by saying the buyer didnt opt for postage insurance.

cyril82 wrote: »

if a listing is confusing anyone with half a brain would seek clarification before committing to buy, and surely the OP deserves some of the "you're obviously stupid and know nothing about ebay" abuse throwing at them that i have had thrown at me then?

Free postage on DVD's is free postage on DVD's. I cant see how anyone can deny that?

cyril82 wrote: »

Also in the instance (which you changed to suit your P.O.V) that it was all a mix up and the buyer "misunderstood" the listing would advising the OP to ask for a mutual transaction withdrawal not be more suitable advise than "milk him for what you can get".

I dont think asking the seller to honour the terms and conditions of ebay by NOT adding on postage charges in a category where they must be free is 'milking for all you can get'

cyril82 wrote: »

Again there is a fine line between responsible advise and irresponsible advice which will/could amount to promoting a scam.

Yes, totally agree. And our advice is that the seller is trying to circumvent fees / rules by adding postage on later. Therefore who is the scammer in this seller / buyer scenario?

cyril82

pgilc1 wrote: »

Again, you're showing that you didnt bother reading the original posts on this thread, before climbing onto your high horse. I've extracted them from the O/Ps posts for you...?

Wrong, you have just misunderstood what i meant by evidence

pgilc1 wrote: »

Is that enough evidence for you?

That is not evidence at all in my book it's just someone’s claim, I’m sure if we spoke to the buyer he'd claim it was totally clear and not vague at all.

When i said evidence i meant we have not been able to see the listing to determine if it was in fact misleading.

Hope that clarifies that for you.

motorguy

cyril82 wrote: »

Wrong, you have just misunderstood what i meant by evidence







That is not evidence at all in my book it's just someone’s claim, I’m sure if we spoke to the buyer he'd claim it was totally clear and not vague at all.

When i said evidence i meant we have not been able to see the listing to determine if it was in fact misleading.

Hope that clarifies that for you.

So the evidence we have is that the O/P says the seller seemed to use a listing template that didnt apply to DVDs and that the listing was vague. ie, the person who has actually seen the listing has given us their opinion.

However, you, who havent seen the listing are saying that it wasnt misleading and that the O/P should have read the sellers terms (which are illegal)?

cyril82

stevew8975 wrote: »

I tend to follow the T&C's of eBay - not those that are added in a DESCRIPTION section by some misinformed/naive/uneducated/deliberately scamming seller.

I still see sellers saying that negative feedback will be left for non-payers.
I still see sellers claim that they are not responsible for items lost in the post.
I still see sellers claim that they will issue an unpaid strike if not payment not received in 3 days.
I still see sellers claim that they are not a business, despite having hundreds of brand new items up.
I still see sellers say that will not accept paypal.
I still see sellers requesting payment by Western Union.

Does this make them right? Because it is part of the description, does that really make it a legally binding term or condition?

I think only a fool would believe that.

If people do not like the way eBay works, then they should choose not to use it.

Simples.

as i said in an earlier post all businesses will have their own T&Cs and they are legally binding so long as they fall within the confines of the law.

In contrast any ebay rule or policy is not legally binding.

For example, if this case arose where a buyer bought an item where it stated in the sale listing that postage would be added and they paid then tried to claim back the money through a court they would lose as ebay policy is not legally binding between buyer and seller where as the businesses terms and conditions that you buy from are legally binding.

Ebay only rule ebay, not the legal system and when sales go bad, it's the law that matters not ebay policy.

motorguy

cyril82 wrote: »

as i said in an earlier post all businesses will have their own T&Cs and they are legally binding so long as they fall within the confines of the law.

In contrast any ebay rule or policy is not legally binding.

For example, if this case arose where a buyer bought an item where it stated in the sale listing that postage would be added and they paid then tried to claim back the money through a court they would lose as ebay policy is not legally binding between buyer and seller where as the businesses terms and conditions that you buy from are legally binding.

Ebay only rule ebay, not the legal system and when sales go bad, it's the law that matters not ebay policy.

Back here in the real world, ebay will rule in favour of the buyer as the listing is in breach of their terms and conditions.

If the seller persists in breaching those terms and conditions in listings, they will be banned from ebay.

pippitypip_2

:grouphug:

I think we need a Wild Western smiley guys!

greeneye - what did you decide to do in the end, or still mulling it over?

I think the best advice given above is to speak to the seller and go from there. If they get funny, then report them - that's my 2 pennies worth anyway.

pippitypip

motorguy

pippitypip wrote: »

:grouphug:

I think we need a Wild Western smiley guys!

greeneye - what did you decide to do in the end, or still mulling it over?

I think the best advice given above is to speak to the seller and go from there. If they get funny, then report them - that's my 2 pennies worth anyway.

pippitypip

+1

Totally agree.