What I was selling no longer available- buyer still wants it...

tomstickland

Swings and roundabouts, if I was a buyer and I was refunded then I'd accept it and get on with my life.

Poppycat

People shouldnt sell what they havent got, then cry foul when the item has increased. Sure I can understand you being a lot out of pocket but I dobt we would see you complaining if in the past you had tidy profit.

Ask yourself this how would you feel being the customer to be told, sorry chum I cant fullfill the order because its increased in value.

I can understand the buyer being annoyed I would too, dont sell what you aint got, its that simply. I hope you have learnt a lesson from this.

I am sure you cant be made to sell itbut no doubt you will expect some bad feedback.

MyUserNamesTaken

funnymoney wrote:

In my item description it said something along the lines of;
Items will be shipped directly from my supplier within 2-3 days of purchase etc etc.
I just needed some advice as this woman does seem very irate, I think she really wanted the items. To be threatened with legal action over those sorts of figures was quite scary TBH. Just needed to know where I stood.
Thanks for the reassurance Agutka.

Hmm...legally, she can take you to court, as she has paid for the items and you have accepted the payment. Contract law applies here. You've had offer and acceptance and consideration in the form of payment. If she really wants to, she could drag you to the SCC to get you to fulfill the terms of the contract. Alternatively, she could buy the items elsewhere and sue you for loss of bargain.

Dropshipping is irrelevant. That is a completely separate issue and does not involve your buyer in any way, as it is between you and your supplier. Legally, you don't have a leg to stand on. Just think yourself lucky the other buyers haven't threatened to take you to court.

markmc999

If she wanted to be arsey she can sue you for the goods - you have entered into a contract with her to sell the items. It isnt her fault that you now cant supply the goods.

I'd suggest you need to keep her well on your side - maybe offer to refund her any reasonable charges etc and pray she doesnt sue!

mishkanorman

If the OP was selling their own possessions, like a book for example, that they could no longer supply as it had become damaged surely they wouldnt be expected to go and buy a new one so the buyer could still have it ???

Equally any retailer that has an item priced on display is under no obligation to supply at that price, they may simply withdraw it from sale. Many people here (on MSE) tried to buy mis-priced items to be told once they had paid that the retailer couldnt sell it at that price. Expecting anyone to take a £500 loss is just daft.

i once purchased a sideboard unit that became unavailable when the manufacturers went bust, could i sue ?? NOPE but i did get a discount towards another item, maybe if the OP meets the buyer a bit of the way and offers an extra 10% refund as an apology and good will gesture.

I think people on here are starting to get a bit carried away !


mishka

zappahey

mishkanorman wrote:

Equally any retailer that has an item priced on display is under no obligation to supply at that price, they may simply withdraw it from sale.

If, like in this case, they have taken your money, they are absolutely obliged to sell you it.

Murtle

zappahey wrote:

If, like in this case, they have taken your money, they are absolutely obliged to sell you it.

I don't believe they are as has been displayed many many times on these forums where shops have just refunded the money back to MSE users.

Everyone thought the same, but it isn't to be....

soolin

zappahey wrote:

If, like in this case, they have taken your money, they are absolutely obliged to sell you it.

That's why is generally believed but is not actually the case. If it was I would now be in possession of a TV and DVD set from a major retailer for the grand total of £5 including delivery. In that instance they even kept some people's money for nearly 2 weeks.

Soo

Felicity

I have a question from a moral point of view ...

If, the items had been reduced by 50% when you came to place your order with your supplier, would you have passed on an additional discount to your buyer?

If the answer is yes, then don't take a loss.

If the answer is no, then you should take the loss.

IMHO!

Agutka

Felicity wrote:

If, the items had been reduced by 50% when you came to place your order with your supplier, would you have passed on an additional discount to your buyer?

If the answer is yes, then don't take a loss.

If the answer is no, then you should take the loss.

IMHO!

This is ridiculous. What kind of way would that be to run a business? The only way I would 'pass on' the discount is if I was being undercut by another seller. Profitable items don't last forever. Like in this case, prices go up, or demand goes down, or undercutting happens. He's not a supermarket!

Why are people expecting an Ebay seller to take a £500 loss on every order?? The buyers haven't lost anything, apart from a bargain and yes that will make them angry, but this is Ebay. Worse things happen to people.

As long as people communicate and are nice and polite, there is no problem.