When can I start a dispute against a seller ?

natalie1974

Hi ,

I made an offer on a buggy on the 3rd Feb , the offer was accepted and in the listing , http://cgi.ebay.co.uk/Mutsy-Spider-Buggy-PushChair-Stroller-Pram-Buggy-PINK_W0QQitemZ180080943031QQihZ008QQcategoryZ66700QQrdZ1QQssPageNameZWD1VQQcmdZViewItem , it clearly states "YOU ARE PRE ORDERING FOR DELIVERY IN EARLY FEBRUARY 2007" .

As some of you may know they opened an Unpaid Item dispute with me ( which I thought had been closed but it hasn't , just the alert taken off my account ! ) . I managed to contact the seller last Friday 16th Feb @ 9.45pm to ask them to close the dispute and to ask where my buggy was . He said that Babystyle (company who makes the buggy) have 2 containers coming over from Holland this week but no one knows whats on them !

How long do I have to leave it till I can file against them as a non-performing seller ? I can't find any advice anywhere as to the time limit on Ebay .

Thanks in advance

Natalie

OverlandLandy

Agree to mutually not go through with the sale, thus avoiding neg feedback (on both sides).

They will get the FV and listing fees back.

Put it down to experience and move on.

Sooler

natalie1974 wrote:

but no one knows whats on them !

yeah right! ... Early Februaury has been and gone - the seller is a time waster, they at least should be informing you of what's happening why they've not delivered.

Do as OverlandLandy suggests ... no reason why you need to wait any longer to see if they arrive. Tell the seller you'll consider placing a new order when/if the buggies arrive.

The seller is trying to sell stuff they don't have.

markl_4

Hi,

The seller seems to be upfront about their selling practice, company profile etc. To be fair, the sale does say "PREORDER FOR DELIVERY IN FEBRUARY 2007" and it is still February - just. Whether the auction when you purchased said 'EARLY FEBRUARY' in the title, it doesn't now....

Being devils advocate, you have accepted their terms by purchasing. The sale is closed, and you should have paid once you won the bid. If you have not paid, within a reasonable time, they are within their rights to pick you up on it. They do seem to like positive feedback, and they do say further down the page to try and resolve disputes with them before making an official complaint.

Technically, I don't know if they are allowed to sell items they don't physically have available to fulfill an order on Ebay, and they might be breaking a rule by 'pre-selling'. But you had better check out the Ebay advice on that before taking it further. It is not unreasonable to think that the items may just fail to be shipped or other problems along the supply chain before your seller, and they may never receive the actual goods you bid on.

To be honest, talk more to them about the issue. You bought on pre-order terms. They should give you a reasonable time frame to expect delivery. They could also agree with you that if it is not delivered before 'X' date, then they would refund your payment. If they want to keep their positive feedback they should work with you to fulfill the order amicably.

Those are my thoughts. Whether they help or not?!

Sooler

Does this comply with Distant Selling Regulations?

“A handling charge of 30% of the value plus the shipping costs will be removed from any refund, should goods be returned as “unwanted””

soolin

markl wrote:

Hi,


Technically, I don't know if they are allowed to sell items they don't physically have available to fulfill an order on Ebay, and they might be breaking a rule by 'pre-selling'. But you had better check out the Ebay advice on that before taking it further. It is not unreasonable to think that the items may just fail to be shipped or other problems along the supply chain before your seller, and they may never receive the actual goods you bid on.

?!

Ebay only allow pre sales when the seller can guarantee the buyer will be able to have the item within 30 days of auction end. If this is now over 30 days the OP can do a non performing seller complaint and ebay *may* well either just warn or suspend the seller. It is also very likely that the auction will be cancelled by ebay as it is against their rules.

As for withdrawing from the sale, this is not possible as the seller has already tried to do a NPB on the buyer (this is the same transaction isn't it, or am I imagining it?) and assuming that was closed they cannot now re open a new dispute even for a mutual reclaim.

Soo

soolin

Incidentally watch the seller, I have major conerns as their feedback is now becoming so poor their sales may be affected. If they haven't already closed the NPB dispute then I would seriously consider making a complaint to ebay ASAP, as I still think the seller is 100% wrong in raising an NPB dispute where they don't even have the goods to ship.

My advice would be to do everything possible to get the auction declared void.

Also at next billing cycle the seller will lose their power seller status,(due to level of feedback ) which means they are less invincible.

EDIT: Wow, look at the recent feedback they've been leaving! This seller deserves to get suspended, how to manage customer complaints...NOT!

angeluk69_2

I would follow soolin's advice, just pull out, explain that you are not prepared to wait for something that 'may' arrive on the next container. You have paid and they are not delivering.

You offeered to purchase an item and they have not been able to provide you with adequate details as to when you should expect delivery, this is poor on their part and the feedback does reflect this, unfortunatley it looks as though they have failed to keep up with being a powerseller and it looks as if they are struggling to maintain their powerseller status, and are just looking for easy sales but not carrying though with orders, or supplying faulty goods.

Good luck with everything and I hope you manage to get this sorted out soon, let us know what happens

markl_4

soolin wrote:

Incidentally watch the seller, I have major conerns as their feedback is now becoming so poor their sales may be affected. If they haven't already closed the NPB dispute then I would seriously consider making a complaint to ebay ASAP, as I still think the seller is 100% wrong in raising an NPB dispute where they don't even have the goods to ship.

My advice would be to do everything possible to get the auction declared void.

Also at next billing cycle the seller will lose their power seller status,(due to level of feedback ) which means they are less invincible.

EDIT: Wow, look at the recent feedback they've been leaving! This seller deserves to get suspended, how to manage customer complaints...NOT!

I see what you mean about their feedback. When the seller comes up against a complaint they are very indignant. The customer is always wrong!!!! And they seem to have a history of 'pre-selling' by the look of things.

A good kick up their proverbials might do them good if they want to keep trading with a smile!

soolin

I agree mark, this situation is being made worse by the sellers attitude to complaints. Everyone has problems, it can happen to anyone of us, how we deal with them and treat our customers is what makes the difference.

I think it appalling that it appears (and of course feedback can be one sided) that some buyers have had to go to dispute just to get their rmoney back.

Soo

angeluk69_2

Even then though, they aren't getting their money back!!!

I love the fact that if you leave feedback they answer back with all sorts of rude comments, i think its jokers like this that have caused people to lose faith in ebay.