Being sued for cancelling an order?

Smart_But_Casual

Roberts wrote: »

Thanks for all your posts.

Thing is my bf has already been removed from Ebay which he isn't bothered about and realises he was stupid. I just don't get why this seller is still looking to take things further all for the sake of £50!

Makes no sense to me :think:

I would suggest it's because they are angry and the growing amount of time wasters and tyre kickers that populate ebay.

However, you're not going to get sued so forget about it.

Crowqueen

No, DSRs give people the right to walk away from an unpaid transaction too.

That's why the mutual cancellation option exists.

MacsReturns

Crowqueen wrote: »

No, DSRs give people the right to walk away from an unpaid transaction too.

No, DSRs DO NOT APPLY to auctions, ONLY fixed price or BIN.

An auction bid is legally binding on the buyer, same as it would be at Sotheby's or your local livestock market. Having said that, the seller may be within his rights but he's still being a .... well, something that would get censored out

forgotmyname

Auction is legally binding?? But ebay tell us they are not an auction company like car auctions and sotheby's
thats why they dont have to pay out if a buyer gets ripped off.

Nothing is legally binding on ebay. They just make it all up to suit themselves.

Crowqueen

MacsReturns wrote: »

No, DSRs DO NOT APPLY to auctions, ONLY fixed price or BIN.

An auction bid is legally binding on the buyer, same as it would be at Sotheby's or your local livestock market. Having said that, the seller may be within his rights but he's still being a .... well, something that would get censored out

I didn't say it was applicable to auctions.

It strictly only applies to business sales and BINs, but may in practice extend to auctions too, depending on the seller's terms and conditions. Probably not at Sotheby's, no, but my personal policy is to extend the DSR rights to my customers even though I sell mainly auctions and am a private seller. I haven't had to make good on a return under the DSRs, but I did once agree to mutually cancel a transaction when the buyer had been hijacked and she knew her payment wasn't going to go through (and right enough, I watched her ID and it changed to scam goods and an appropriate name which were duly reported).

forgotmyname wrote:

Nothing is legally binding on ebay. They just make it all up to suit themselves

Actually a winning bid could be construed to form a binding contract, since it could be taken to be an agreement to purchase the item at that particular price.

To sue a buyer for not completing the contract would be tempting but at some point you would have to prove actual financial loss, and it's much quicker to do a mutual cancellation if the buyer explicitly writes stating their intention to cancel and the sale is covered by the DSRs or your terms permit this, or an unpaid item dispute if the buyer didn't do this at all. You get your fees back so proving that you lost money through this would be difficult unless you had a creative lawyer, which for the sums of money involved, is unlikely to be worth it.

Suing would essentially be using a sledgehammer to crack a nut.

George666

I do not know why people keep mentioning DSRs in relation to ebay.
DSRs do not apply on ebay I as a seller wish they did but they do not.
The simple reason for this is that ebays own terms and conditions apply not DSRs.
And every seller on ebay must abide by ebays terms and conditions.
Ebays terms and conditons override DSRs as they give a buyer far more protection and rights than the DSRs do, so it is ebays own terms and conditions that are enforced not DSRs.

cyberbob

George666 wrote: »

I do not know why people keep mentioning DSRs in relation to ebay.
DSRs do not apply on ebay I as a seller wish they did but they do not.
The simple reason for this is that ebays own terms and conditions apply not DSRs.
And every seller on ebay must abide by ebays terms and conditions.
Ebays terms and conditons override DSRs as they give a buyer far more protection and rights than the DSRs do, so it is ebays own terms and conditions that are enforced not DSRs.

Finally some sense. :T

Crowqueen

George666 wrote: »

I do not know why people keep mentioning DSRs in relation to ebay.
DSRs do not apply on ebay I as a seller wish they did but they do not.
The simple reason for this is that ebays own terms and conditions apply not DSRs.
And every seller on ebay must abide by ebays terms and conditions.
Ebays terms and conditons override DSRs as they give a buyer far more protection and rights than the DSRs do, so it is ebays own terms and conditions that are enforced not DSRs.

Interesting take, but eBay's T&Cs cannot override the law of the land.

Paypal for instance does not permit a buyer to claim a change-of-mind return back off a reluctant seller; the item must be SNAD or NR for Paypal to enforce buyer protection. Thus in that particular instance, the DSRs cannot be waived, and the buyer has to rely on the goodwill or willingness to comply with the law of the seller, which is far from ideal but sadly par for the course given some people's snotty T&Cs. Also, neither eBay nor Paypal will enforce a buyer's right to return postage through the dispute channel.

DSRs can be enforced by the small claims court, and since in some circumstances a SCC judge may order the plaintiff's costs to be paid by the defendant, it may be economical to claim for e.g. return postage or change-of-mind return if the seller is being bolshy.

eBay is only a venue, not an enclosed world where different laws apply. Some people wish it was, but it isn't. I don't think it's helpful wading into this kind of commentary without knowing the facts about what the law applies to and how to enforce it if you think it's worth the hassle to make a point.

Mrs_justjohn

George666 wrote: »

I do not know why people keep mentioning DSRs in relation to ebay.
DSRs do not apply on ebay I as a seller wish they did but they do not.
The simple reason for this is that ebays own terms and conditions apply not DSRs.
And every seller on ebay must abide by ebays terms and conditions.
Ebays terms and conditons override DSRs as they give a buyer far more protection and rights than the DSRs do, so it is ebays own terms and conditions that are enforced not DSRs.

I kind of get what you mean.....however DSR's do give you more rights than ebays terms and conditions it is just those rights can not be enforced via ebay...you would have to use outside legal intervention! Ebay uphold their own rules (most of the time) but do not enforce the DSR.

To the best of my knowledge Ebay/Paypal do not allow buyers to receive their goods and then simply change their minds. The buyer has to prove that the item was SNAD to get a refund. I don't think putting in an ebay/paypal dispute and stating "the item was as described but I don't want it" would get you a refund. However you are entitled to one (within certain guidelines) under the DSR, however it is pretty much unenforcable.

So by default ebays rules are better (they don't offer as much protection but at least you get the protection they do offer).

Well that's how I see it anyway:p

Mrs_justjohn

Just to say that ebays T&C's are specific to Ebay. DSR's are the law