Ebay cancelling a Buy It Now purchase. What are my rights?

almightyhaggis2002

I have just entered a contract on ebay.co.uk for a Microsoft Surface Pro 2 tablet which apparently will be dispatched from the UK by a business seller who has close to 8k positive feedback and 99.3%.

I clicked the buy it now button and happy days thought I got myself a bargain.

However as I am deployed I needed to discuss with the seller the fact I needed the tablet sent to my BFPO address. No problems there happy days.

The conversation then turns to details about the tablet itself. The seller tells me it comes with a full 1 year warranty from APPLE. Alarm bells start ringing this is a Microsoft device.

I query this with the seller and he just tells me it is a typo. I start to get suspicious and so I google the seller. Low and behold google returns page after page of horror stories from this bloke. The main ones surrounding incorrect products arriving and the products all being american models.

The product descriptions says nothing about this being an american models so I decide to query this.

Seller gets back to me and tells me it is indeed an american model. This further compounds my unease. I am 8000 miles from home and have no easy way to sort out a refund if this guys screws me.

As the seller is shipping supposedly from the UK and is selling on ebay.co.uk I am pretty hacked off that the fact it is a US model was not advertised on the advert.

I immediately email the seller and request a cancellation of the order. As of yet I have sent him no money. Up untill this point he has been responding to my emails immediately but when I request a cancellation he is unreachable all of a sudden.

So my question is what are my rights. Do I have a right to request a cancellation because he did not declare that it is a US model?

Do I have a right to request a cancellation simply through changing my mind like you could in a shop?

Any help is greatly appreciated. :rotfl:

RFW

almightyhaggis2002 wrote: »

So my question is what are my rights. Do I have a right to request a cancellation because he did not declare that it is a US model?

Do I have a right to request a cancellation simply through changing my mind like you could in a shop?

Any help is greatly appreciated. :rotfl:

You do have right to cancel, unfortunately the seller can issue a 'non payment' strike against you on Ebay. If you've not had one before it won't cause you any major problems.

almightyhaggis2002

RFW wrote: »

You do have right to cancel, unfortunately the seller can issue a 'non payment' strike against you on Ebay. If you've not had one before it won't cause you any major problems.

Thanks for the reply I appreciate it. If I have the right to cancel why are they able to then issue a cancellation strike against me?

Also are ebay able to force me to pay. IE take money straight from me through paypal?

bris

almightyhaggis2002 wrote: »

Thanks for the reply I appreciate it. If I have the right to cancel why are they able to then issue a cancellation strike against me?

Also are ebay able to force me to pay. IE take money straight from me through paypal?

Ebay wont force you to pay but you will get a strike, bottom line is you broke the rules and deserve a strike, the time to do your research is before you buy not after.

patanne

So - a darn sight cheaper to get a strike against you as a buyer than it would be to buy something that the seller was trying to sell you under false pretenses. Maybe it is time for ebay to investigate the sellers!! We all know that is not going to happen cos they wouldn't get their % if they stopped the bad guys.

mrs_sparrow

I would, in the meantime, report your suspicious of it being a fake to eBay and then tell them you want to cancel the sale.

Just take the hit and be glad you did not send them the money.

No, eBay or Paypal cannot force you to pay.

andrew-bowers

No, eBay or Paypal cannot force you to pay.

George_Michael

bris wrote: »

Ebay wont force you to pay but you will get a strike, bottom line is you broke the rules and deserve a strike, the time to do your research is before you buy not after.

Which rules would they be?
Would it be the ebay rules that allow buyers of BIN items from business sellers the right to change their mind, or could it possibly be the Consumer contracts (information, cancellation and additional charges) regulations that state the buyer of goods in a distance contract is legally entitled to cancel the contract?

Maybe you are the one who should find time to do some research about legal rights before giving poor advice.

vuvuzela

mrs_sparrow wrote: »

I would, in the meantime, report your suspicious of it being a fake to eBay and then tell them you want to cancel the sale.

Just take the hit and be glad you did not send them the money.

No, eBay or Paypal cannot force you to pay.

Where does the buyer say it might be a fake ?

almightyhaggis2002

bris wrote: »

Ebay wont force you to pay but you will get a strike, bottom line is you broke the rules and deserve a strike, the time to do your research is before you buy not after.

Thank-you for your response. It is a shame it was somewhat misinformed and ignorant.

I reported the sellers behaviour and ebay have come back to me with this response.

"I would like to inform you that this listing was violating listing policies and so we had removed it to maintain the safe community. I would like to thank you for bringing this issue to us, you can now simply remove the item from your purchase history by marking the item as payment sent."

So it would appear that I have in-fact broken no rules and I was indeed getting messed around.

I suggest that next time you post a helpful response such as the one above you think twice about the validity of the information you spout forth.

Before I got this response from ebay I actually received a response from the seller who said they would cancel my order on the basis that I left them positive feedback first.

Sometimes I wonder how ebay let some of these sellers operate.

Thank-you everyone for your advice and responses. I'm glad to say this matter has been resolved.