Seller refusing to honour sale.

eBayRipOff

HERMIONE GRANGER;

Excuse me, seriously you must be another uninformed opinionated guy, who is talking out of their minds!!!!

From the horses mouth itself:

"This is a short guide to Distance Selling Regulations (DSR) and eBay

DSR's do not apply to real world auctions however, trading standards and the DTI do NOT class eBay as auctions regardless of it being called an online auction. Therefore if you are a business you are liable to abide by DSR's and ensure you are running your business legally. Visit the eBay for business guide

The DSR's do not apply to private sellers, so for those of you that sell unwanted items as opposed to buying to sell you are not legally obliged to abide by the DSR's. You do not have to offer returns or a 7 day cooling off period

http://reviews.ebay.co.uk/Distance-Selling-Regulations-And-eBay?ugid=10000000000140381

"A retailer's right to refuse to sell

When a retailer displays a product for sale, legally it is giving you 'an invitation to treat', which means it is inviting you to make an offer to buy. The retailer can refuse that offer if it decides that it doesn't want to sell you the goods. To have a legally-binding contract the retailer must have accepted your offer to buy. So your rights depend on where in the sale process you are.
Before you pay

If you take a wrongly-priced item to the till and the assistant spots it, they can refuse to sell it to you for that price. If you order an item on the internet, you don't have a legally-binding contract until the retailer has contacted you to confirm the order. If the wrong price is spotted before the retailer confirms the order, they do not have to sell to you at that price.
After your order has been accepted

If your offer has been accepted (for example, you pay a deposit, or receive a confirmation email), generally you can insist that the retailer sells you the goods for the price they were advertised at.

If the retailer wants to charge you more, you may be able to buy the same item elsewhere and claim against the original trader for the difference in price. To do this you should write to the retailer in the first instance, explaining what you are doing. If it doesn't agree to refund you the money, you will normally then have to take a claim to the small claims court.

The trader could try to argue that it made a mistake with the pricing which could make the contract void. But it would have to show that the price was so low that you must have known it was not genuine: for example, a new leather jacket with a price tag of £2 on it.
After the transaction is completed"

Hermione_Granger

Well to your good news, eBay is not considered an auctioneer,

That's simply your opinion.
Under guidelines given by the OFT, I would say that non BIN ebay sales fall nicely into their idea of what an auction is.

What is an auction?
2.16 Whether something is an auction depends on how the selling
process occurs and whether the contract is concluded at an auction.
An auction has no statutory definition but is generally held to be a
manner of selling property by bids, usually to the highest bidder, by
public competition, and has a number of characteristics, including:

a unique item or collection of items for sale

each bid being an offer to buy

the auction ending in a pre-arranged manner, such as on the fall of a hammer or the expiry of a deadline, after which bids are no
longer accepted, and

the winning bidder being bound by contract to pay for the items.

Hermione_Granger

From the horses mouth itself:

"This is a short guide to Distance Selling Regulations (DSR) and eBay

But didn't you make tha comment that:

And this is true, however thank god eBays T and C's are not UK or European law!

So it appears that what ebay state is fine when it backs you up, but when it doesn't it's a different matter.

And your whole argument about the seller not being required to send the goods is totally screwed by yet another bit that you yourself posted.

If your offer has been accepted (for example, you pay a deposit, or receive a confirmation email), generally you can insist that the retailer sells you the goods for the price they were advertised at.

The OP made an offer and paid for the goods, therefore they can "insist that the retailer sells you the goods for the price they were advertised at"

antrobus

eBayRipOff wrote: »

From the horses mouth itself:

"This is a short guide to Distance Selling Regulations (DSR) and eBay
....

http://reviews.ebay.co.uk/Distance-Selling-Regulations-And-eBay?ugid=10000000000140381
...

That's not 'from the horses mouth', it's just the opinion of someone going by the name of 'more cookies please'. The fact that they refer to the 'DTI ' when the DTI ceased to exist in 2007 should be a clue as to how much they actually know about the subject.

eBayRipOff

"you don't have a legally-binding contract until the retailer has contacted you to confirm the order"

Buyers first non-automated contact, was to say there was an error!

You could solve this by doing
"If the retailer wants to charge you more, you may be able to buy the same item elsewhere and claim against the original trader for the difference in price. To do this you should write to the retailer in the first instance, explaining what you are doing. If it doesn't agree to refund you the money, you will normally then have to take a claim to the small claims court."


But I would just move on, and admit that mistakes and errors do happen in life!

The above was not written by me, just stating the actual facts from documented sources!

The world is not an ideal place, and neither is eBay!

Sellers make mistakes, buyers make mistakes! And tomorrow will be another day!

eBayRipOff

I don't sell by auctions, so I have not really looked into that part, as it has never been relevant for me. And it is very possible I was wrong on the part with regards to DSR and eBay auction format, however it still does not change the fact that seller does not have to sell to the buyer, if he has done an error!

Cest la vie!

antrobus

eBayRipOff wrote: »

I don't sell by auctions, so I have not really looked into that part,...

If you've never 'really looked into that part' then perhaps you shouldn't go around offering advice on 'that part'.

Just a suggestion.

aliballi

From the way I read, OP didn't think this non sale was legally binding, which I would agree with. But seller used Ebay as a platform to sell from & produced an Ebay Auction with a low starting price & no reserve & as Ebay was the platform used to agree on a sale, it is entitled to expect both buyer & seller to honour sales. Surely this is the point when buying & selling on Ebay, Ebay can't legally go outside of the law, but it can expect its members to abide by certain rules.

macfly

antrobus wrote: »

If you've never 'really looked into that part' then perhaps you shouldn't go around offering advice on 'that part'.

Just a suggestion.

To be fair - he aint got time. What with flying jumbos and running a chip shop and a business turning over millions. All in his school hols.

eBayRipOff

To be fair, I don't have a problem to admit if I have made a mistake, I gladly hold my hands up for this, not a problem! I am not like others here, who can't admit a mistake, but rather try to keep their beliefs to death!
On the point with eBay auctions I was wrong! However there is still no way on this earth that you can force somebody to sell you a product, as one is allowed to change their mind for any reason regardless.

By the way I don't fly Jumbos, that is a Boeing 747, I am at the moment preparing myself for the much smaller aircraft Airbus 320!
And I haven't had a holiday for over 4 years, for that exact reason, business and training/studying!

I don't have to prove anything to anybody here, you don't know me, and if you in fact read some of my posts I don't always give negative comments about people or ebay etc.

My business was not turning over millions, but it used to be a good number, which made me able to provide work for many people, not just myself!
If my next page works out as I hope, well I will not need eBay or Paypoo anymore, as i will be making fine without, that will just be an extra cream on the cake, if I want and can be bothered with them. As I specialized in extremely special niche products, that I can in theory deal with regardless where I am in the world!

So I was wrong on the auction part, what's the big deal? Is this going to change anybodies life today?

macfly wrote: »

To be fair - he aint got time. What with flying jumbos and running a chip shop and a business turning over millions. All in his school hols.