Seller not honoring eBay BIN sale.

leo~saphira

All happened this morning.

Have been after a black box system for my car and HGV that I use - to protect my licence and career on the roads (passion for live outside on the open road) I saw a listing this morning for 2 of these gems listing says:

Hi there, im sellling 2 driving recording system's, brand new, never used, all contents in the box, for more information please contact ***@*** , thankyou, happy bidding!

Perfect - saw it was 2, picture shows 2 and listings says 2.

Bought it at full BIN for £160 odd (considering they go for around this price for 1 - and are around £300 new from the makers)

Emailed seller to arrange collection as it turns out they are "local" by 20min drive.

Seller email back said that collection is fine, but:

Hi there, just letting you know that they are £150 each, today would be great, would you be able to pay in cash? I am at work all day so you could collect it from there, here is the address:


:mad::mad:

I need them, but no way I am paying £150 each considering I won both of them for £160, can anyone suggest what I should do next? This is a new seller as well.

Regards

Taadaa

Can you put a link to the item listing please?

Rhymsta

Basically they won't sell you two for what they consider is the price for one. You have been misled and the item is SNAD. Don't know if eBay can force them to sell?

halibut2209

No, they can't be forced to sell.

I'd be very interested in see the listing to see whether it was not as described, or misconstrued by the OP.

Taadaa

I agree. I sold some fabric listed per metre with ten available. Lo and behold, received a complaint because the buyer bought and received one metre when they thought they were getting ten.

bris

Even if it was a genuine mistake, because it's a BIN they can get out of it. Legally they don't have to honour mistakes, there is a sticky on the consumer rights board about it.
If it was an auction then all sales are legally binding on the fall of the hammer and the are bound by it. Not the case here though OP, sorry.

porto_bello

I think the law has tightened on this and it is now possible to sue for 'loss of a bargain', if a seller has a contract to sell and backs out.

See under termination here:
http://www.law-essays-uk.com/resources/sample-essays/international-law/international-commercial-law.php

leo~saphira

halibut2209 wrote: »

No, they can't be forced to sell.

I'd be very interested in see the listing to see whether it was not as described, or misconstrued by the OP.

How so misconstrued? -

The auction started at £70 with a end price to buy it at £160 - there was no qtys (as on most of the BIN's I've used in the past)

The auction wording is already posted above which is below again:

Hi there, im sellling 2 driving recording system's, brand new, never used, all contents in the box, for more information please contact ***@*** , thankyou, happy bidding!

this wording doesn't metion, that I would be "bidding" or "buying" only 1 item. The 5 photos in the listing shows both units photographed together., and the listing says selling 2 systems.

So yes I feel I've been misled as have made the seller aware that I have been misled and made them aware that they could be in breech of rules and loss of bargin etc [have used this before on B&Q]

Also like to say - it wasn't a dutch auction, nor was there a qty of 2 in the bid section/bin part to show 2 seperate auctions/bin listings.

Have used eBay since 1997 and not had a "problem" like this before (hence the help)

Thanks

Edit- seller is a private person, not a business.

RainbowDrops

Does the seller have low ish feedback?They might not be that ebay savvy, and hadn't figured out how to do quantities.
While it is frustrating to have missed out on a bargain, it does seem like it was a genuine mistake by the seller, rather than them purposefully trying to swizz you.

leo~saphira

Yes - new ebay'r with 0 feedback (reason why I bidded as it was local to collection is a option - alot safer)

Its now come to light that the seller is in fact a teenager (14/15 years old!) - totally fancastic (check their email address via Facebook and Twitter and all they talk about is about leaving school etc.. so some truth there. Which leads onto the next bit.. contract is null now as I understand under 18's (or is it 16's) can't hold a eBay account?

sharpy2010

leo~saphira wrote: »

Yes - new ebay'r with 0 feedback (reason why I bidded as it was local to collection is a option - alot safer)

Its now come to light that the seller is in fact a teenager (14/15 years old!) - totally fancastic (check their email address via Facebook and Twitter and all they talk about is about leaving school etc.. so some truth there. Which leads onto the next bit.. contract is null now as I understand under 18's (or is it 16's) can't hold a eBay account?

For goodness sake, give it up, its not going to happen.

Find some different driving systems and buy those!