Seller not responding to questions

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I ordered an SD card for my new camera on Christmas eve. On the seller's advert on Ebay it stated that there was an option for Special Delivery for an extra cost. As I wanted it for today as I'm going to see family and it was the Chritmas holidays, as soon as I won the item I contacted the seller and asked for an invoice including the Special Delivery. Unfortunately the invoice he provided did not include the Special Delivery so again I e-mailed and asked for one with the Special Delivery. As it was then the Christmas holidys I left it until Wednesday when I again wrote and asked if I could have an invoice with Special Delivery as I needed the product by Friday. Last night I got an e-mail back from the seller

"Hi,
You purchased this on Christmas eve and have yet yo still pay.
I can assure you that you will not receive it by Friday.
Regards"

As you can imgaine I'm not pleased with this response as I feel I have done everything in my powers to contact him and try and get the item delivered but he has not provided me with the relevant invoice.

What I want to know, is am I within my rights to cancel this order as I will have to go buy an SD card in the shops and pay more for it.

Comments

  • Hammyman
    Hammyman Posts: 9,913 Forumite
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    If you've not paid, he ain't gonna send it. You have as much right to cancel as he has to file NPB.

    If he's like me, he has a cutoff time for posting things the same day. With me it is 3pm. Buy anything after 3pm, its going the next day regardless. I also close for business at 5pm and won't answer any Ebay messages til the following day when I start at 9am. Why? Quite simply because it got ridiculous and I was in effect dealing with stuff from Ebay from when I got up til I went to bed 7 days a week. So as I'm registered as a business, I now keep business hours.

    Just putting a sellers POV across....
  • chancesare_2
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    He can't send it without payment.

    Likewise, Special Delivery guarantees were removed and only went back into place on Wed 29. So you would not have had a guaranteed delivery anyway.
  • Kido
    Kido Posts: 473 Forumite
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    Thanks for the replies. I was not expecting the seller to post the item before he received payment. As soon as I won the item I replied asking the seller for the invoice with the special delivery. All I received back was an invoice with the standard delivery so I immediately contacted him again. I only asked for the special delivery as it was posted as an option on the original listing and I wasn't aware that it had been suspended and the seller did not tell me this either. I also gave him time after the Christmas break to contact me with the invoice so I could pay it.
  • chancesare_2
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    Kido wrote: »
    Thanks for the replies. I was not expecting the seller to post the item before he received payment. As soon as I won the item I replied asking the seller for the invoice with the special delivery. All I received back was an invoice with the standard delivery so I immediately contacted him again. I only asked for the special delivery as it was posted as an option on the original listing and I wasn't aware that it had been suspended and the seller did not tell me this either. I also gave him time after the Christmas break to contact me with the invoice so I could pay it.

    I don't know the ins and outs of your seller, but buying on Christmas Eve and then 'giving time after the Christmas break' as you say it, is hardly that. It is only 31st today. Quite a lot of businesses close on 24th until 4 January. 25, 26, 27 and 28th were holidays in England. And as the guaranteed service was suspended until 29th (and then only notified during that day) he in truth only had yesterday and this morning to respond.
  • Crowqueen
    Crowqueen Posts: 5,726 Forumite
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    If you are listing over Christmas, you should expect to be in contact with customers over Christmas too, or have big notices on your listing stating that you will be out of contact over the holiday.

    It's not fair to keep people waiting without communication, whatever time of year it is. One year I took what I was selling away with me so if someone bought anything I could post it to them without any problems.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
  • pinkshoes
    pinkshoes Posts: 20,090 Forumite
    Name Dropper First Anniversary Photogenic First Post
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    Kido wrote: »
    as soon as I won the item I contacted the seller and asked for an invoice including the Special Delivery. Unfortunately the invoice he provided did not include the Special Delivery so again I e-mailed and asked for one with the Special Delivery. As it was then the Christmas holidys I left it until Wednesday when I again wrote and asked if I could have an invoice with Special Delivery as I needed the product by Friday.

    As you contacted the seller instantly after buying, then twice again, it's the seller being !!!!!! here.

    I presume you contacted them via ebay??

    If you don't pay, you'll probably end up with a strike.

    I'd just accept you've picked a duff seller, pay for it with normal delivery, then when it arrives, leave low DSRs for postage and communication, and I'd probably go as far as leaving a neg, or at least a neutral.

    If a seller is going to offer a variety of postage options, then they need to honour them.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • macfly
    macfly Posts: 2,728 Forumite
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    Crowqueen wrote: »
    If you are listing over Christmas, you should expect to be in contact with customers over Christmas too, or have big notices on your listing stating that you will be out of contact over the holiday.

    It's not fair to keep people waiting without communication, whatever time of year it is. One year I took what I was selling away with me so if someone bought anything I could post it to them without any problems.

    Absolutely. Any emails should have been dealt with on Wednesday morning at the latest. If not Christmas Eve.
    If you want to be nice, email the seller explaining and offering to do a cancellation. If not, pay and have a spare, then reflect in the feedback.
  • forgotmyname
    forgotmyname Posts: 32,552 Forumite
    First Anniversary Name Dropper First Post
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    Special delivery costs £6+? You were going to pay that to post a memory card?

    Always get mine from play.com cheap and free delivery, Arrive within 3 days.
    Censorship Reigns Supreme in Troll City...

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