annoying ebay seller

dmg24

In that case I have great concern for your employer.

To the OP, if you have any queries as to whether a contract is formed when you purchase something on ebay, then please ask Consumer Direct. Alternatively, ask any of the regulars on the ebay board on here. They will confirm that a contract is formed when you win an 'auction'.

Having said this, you will need to bear in mind the following:

If the seller is saying that the item is damaged, unless you are able to prove to the contrary, then the most you can do is get your money back (even if you took it further this would be the most you could sue for, just the amount that puts you back to your original position).

I have also posted a link to this thread on the ebay thread, so hopefully someone will be along from there to give you any advice they can.

Best of luck x

mishkanorman

Surely if there was any weight behind the legal contract argument then the (non-effective) Non paying bidder/performing seller strikes would not exist. ???

I dont think its worth your time and effort to persue this OP as you cannot make the seller sell to you, I once purchased a PSP game from amazon for a silly price, they refunded me and said it was no longer available. (yet still sold at the higher price the next day !) I knew it was too cheap but tried my luck, it failed, it cost me nowt so nothing lost.

mishka

shellsuit

Sorry to hear that OP but there isn't a lot you can do I'm afraid

I won something last weekend for my OH at the bargain price of 99p (seller had mispelt the crucial word in the title, I'd found it on fatfingers).

I paid and waited.....and waited.

Then I had an email from the seller to say he had been robbed and my winning item was one that was taken (yeah right!).

I had to ASK for a refund and then the eejit didn't refund my original payment, he sent me money direct through Paypal so I had to pay fees on it Grrrrrrr!

I wouldn't have minded but the postage was £10, so the amount I paid was £10.99....with him refunding this way I had to pay 57p just to receive it, PLUS it didn't go back onto my card, it went into my Paypal balance....not happy at all!

I did email and say I wasn't happy to be out of pocket and guess what.......I've not heard a dicky bird.

Not left feedback yet either

Mrs_pbradley936

I have no idea about the legal side but from a practical point of view I would just be looking to get my money back. That is easy if you paid via paypal. You open a dispute with them and it gets resolved quickly IF the other person is a regular paypal/ebay user because they threathen to suspend their trading if the do not respond to paypal emails.

ohdearme_2

dmg24 wrote: »

In that case I have great concern for your employer.

To the OP, if you have any queries as to whether a contract is formed when you purchase something on ebay, then please ask Consumer Direct. Alternatively, ask any of the regulars on the ebay board on here. They will confirm that a contract is formed when you win an 'auction'.

And Consumer Direct will confirm what I have said. Maybe if you studied more, instead of pointing personnal insults at me by suggesting that I am bad at my job, you may learn.

You whole argument stems on the fact you think ebay is an auction. Lets get this straight, in legal terms, its not. Ebay even acknowledges this fact in the t&cs you signed up to, which you yourself posted but failed to understand. But, of course, I am wasting my time informing you of this. EBAY ARE NOT AN AUCTIONEER in any legal sense of the word. (I hope that clears things up with big letters).

Contracts require the seller to accept the offer (as this is NOT an auction - even ebay acknowledge this). Kindly point out where the seller has accepted the offer.

If you can't do this, then apologise, or just continue with your personnal insults like a spoilt child.

dmg24 wrote: »

Evening,

Can I ask for an ebay regular to help me out on something please?

http://forums.moneysavingexpert.com/showthread.html?t=432368

The above thread is an ebay query/ complaint, and a poster is saying that when you win an auction, a contract is not formed.

I don't want the OP to go away with the wrong advice, and I'm getting stroppy with this guy who won't listen, so best I back off. He has stated:

..........

Can someone else tell him he is talking nonsense please (the OP won the auction)?!

Thanks in advance! x

Unfortunately, its you who are giving the wrong advice, you are getting stroppy, I have listened, and I have pointed out where your arguments are incorrect, I have shown that ebay is not an auctioneer - in the legal sense of the word, and you are incorrect.

Get over the fact you are incorrect, apologise, learn, and then move on.

dmg24 wrote: »

ask any of the regulars on the ebay board on here. They will confirm that a contract is formed when you win an 'auction'.

I don't think they have :-

Moglex wrote: »

I pointed out several times that if you cannot force a seller to sell there can be no binding contract as there has to be consideration on both sides......
I gather that now ebay themselves admit there is no contract even though they try very hard to give you the impression that is not the case.
So your antagonist is correct. There is no contract and there is no remedy against either buyer or seller if they refuse to honour the agreement.

I've never antagonised her, I just happen to disagreed

soolin wrote: »

the advice generally is that there is nothing he can do...

neilwoods wrote: »

Unfortunately ebay sales are not legally binding, as ebay is not an official auction. They are all classed as private sales.

So all sales are classed as honorary contract.

Best bet is to try and get you money back, and report seller.

frivolous_fay wrote: »

You can open a NPS dispute but you can't force him, legally or otherwise, to sell.

PS. Let us know if you think company terms and conditions outweight the laws of this country, it'll be good to know.

Contains_Mild_Peril

It's interesting that you point out, quite legitimately, that eBay's T's & C's do not take precedence over the law, yet you seem to attach great importance to their own claim that eBay auction-style listings are not in fact auctions. Perhaps you could explain to us how the legal definition of an auction differs from the dictionary definition?

Bamber19

In order for a contract to be formed there must be consesnus in idem(a meeting of the minds) that is that both parties are agreeing to the same thing, in addition we need offer and acceptance. Ebay is not an auction, it merely mirrors the format of an auction but the finish price of an item represents the offer, whilst some eagle eyed viewers might ask where the acceptance comes as 99 out of 100 ebay sellers do not contact the buyer and just send the item after payment has been received, in this case the acceptance is implied by performance of their side of the contract, i.e the delivery of goods.

Bamber19

Contains_Mild_Peril wrote: »

It's interesting that you point out, quite legitimately, that eBay's T's & C's do not take precedence over the law, yet you seem to attach great importance to their own claim that eBay auction-style listings are not in fact auctions. Perhaps you could explain to us how the legal definition of an auction differs from the dictionary definition?

If memory serves correctly one of the important factors in establishing what an auction is is that the auctioneer must be in possession of the goods or in the case of heritable property must be in possession of the title deeds, in fact it is for the very reason of avoiding situations like our OP's

ajaxgeezer

It's always disappointing when people criticise and insult, insisting they know better than someone else, when the truth is that they simply don't - that behavious is just wrong, wrong, wrong.

It's a lesson for all of us posters on the board.

Contains_Mild_Peril

Bamber19 wrote: »

If memory serves correctly one of the important factors in establishing what an auction is is that the auctioneer must be in possession of the goods or in the case of heritable property must be in possession of the title deeds, in fact it is for the very reason of avoiding situations like our OP's

Surely that would simply mean that in the case of an ebay auction, the auctioneer is the seller and not ebay?