can seller cancel purchase on ebay

ballisticbrian

You are right, sellers need to take more care with the listing (especially if they don't want to get bad feedback), but you've already been given a lot of reasons why it's not enforceable on eBay.

esuhl

It's a legally binding contract and the seller is obliged to provide the item for the price agreed.

If the seller does not supply the goods in accordance with the contractual terms, you can sue for damages (a full refund, and potentially "loss of bargain").

jeffuk

esuhl wrote: »

It's a legally binding contract and the seller is obliged to provide the item for the price agreed.

If the seller does not supply the goods in accordance with the contractual terms, you can sue for damages (a full refund, and potentially "loss of bargain").

Ebay will get you a refund, as for "Loss of bargain", good luck with that.

Pun

esuhl wrote: »

It's a legally binding contract and the seller is obliged to provide the item for the price agreed.

If the seller does not supply the goods in accordance with the contractual terms, you can sue for damages (a full refund, and potentially "loss of bargain").

Get real. It's annoying, but do read the terms on which both buyers and sellers operate on ebay - getting a refund is all you are entitled to.

skeki

These sort of answers do get rather tiresome and frustrating, whatever happened to a bit of give and take.
Firstly none of you have the full facts to give some of the answers you have given. So many of you are clearly perfect and have never made mistakes in your life else you would never be so intolerant. there are many ways to deal with a problem like this but politeness from the seller is probably the best. I once made the same error but with apologies and explanations the customer accepted and was fine (I think we agreed cancellation) .

The seller most certainly made a mistake with carriage but is it a trader or private seller

Did the seller send a polite message or was it really as as stated. If as stated it could have been worded so much better

Why is there no tolerance by most of you for what seems like an honest mistake as advising to leave negatives just for a mistake is yet another sad way of showing how bad the world is getting.

As for the reply
"Whilst I agree mistakes happen, it certainly is the seller's fault.

OP, you cannot force the seller to send it. The best you can do is refuse any cancellation request (he can still do it) and leave appropriate feedback" or "If the seller does not supply the goods in accordance with the contractual terms, you can sue for damages"

Why? How can you destroy a seller for making an honest mistake, have they had many "appropriate feedback" left before or would it be the first.

I'm sure there are many more questions than I have given but can't some of you just have a bit more tolerance with life.

theonlywayisup

skeki wrote: »

As for the reply
"Whilst I agree mistakes happen, it certainly is the seller's fault.

OP, you cannot force the seller to send it. The best you can do is refuse any cancellation request (he can still do it) and leave appropriate feedback"

Why? How can you destroy a seller for making an honest mistake, have they had many "appropriate feedback" left before or would it be the first.

I'm sure there are many more questions than I have given but can't some of you just have a bit more tolerance with life.

Where did I suggest to "destroy a seller".

Appropriate feedback can be anything from a positive saying "seller wanted more for postage" to a negative saying "refused to send wanted more money". Neither of those will destroy a seller and both are true, I can't say what is appropriate for this situation, only the OP can.

If you want to stick with your "bit more tolerance" outlook, perhaps consider that when someone says "appropriate" it means appropriate and doesn't necessarily mean to "destroy a seller".

skeki

My apologies if I misinterpret the meaning you mean to give I clearly misunderstand your intention but I'm afraid it does come across to me that stating the buyer can refuse to accept a cancellation and can leave appropriate feedback is advice on the type of feedback (as you so often see pointless negatives - along with the warranted) and not a just statement of fact.

theonlywayisup

skeki wrote: »

My apologies if I misinterpret the meaning you mean to give I clearly misunderstand your intention but I'm afraid it does come across to me that stating the buyer can refuse to accept a cancellation and can leave appropriate feedback is advice on the type of feedback (as you so often see pointless negatives - along with the warranted) and not a just statement of fact.

Granted it can be read either way. However, even a negative feedback isn't going to destroy the seller. Feedback isn't even on the defect matrix any longer.

bris

Pun wrote: »

Get real. It's annoying, but do read the terms on which both buyers and sellers operate on ebay - getting a refund is all you are entitled to.

Not strictly true. Ebay are a market place that bring buyers and sellers together for a fee. They have their own rules but these rules do not over write our own contract laws or consumer rights.


A breach of contract is still a breach of contract when buying and selling on Ebay.

esuhl

skeki wrote: »

These sort of answers do get rather tiresome and frustrating, whatever happened to a bit of give and take.
Firstly none of you have the full facts to give some of the answers you have given. So many of you are clearly perfect and have never made mistakes in your life else you would never be so intolerant.

But... paraphrasing, the question wasn't, "What should I say to the seller?" it was "Is the seller legally/contractually permitted do this?"

It's a simple case issue of whether the seller can demand extra money or not, and whether the are obliged to provide the goods or not.

It's up the OP what they do with the information given, and how they resolve the issue with the seller.

bris wrote: »

Not strictly true. Ebay are a market place that bring buyers and sellers together for a fee. They have their own rules but these rules do not over write our own contract laws or consumer rights.

A breach of contract is still a breach of contract when buying and selling on Ebay.

Exactly. I've heard that eBay won't help enforce your statutory rights (only your contractual rights), but you can still make a small claim in the County Court for things like "loss of bargain"... so long as your claim isn't judged to be "frivolous" (i.e. petty).