Yet another eBay issue, any advice?

[tokyoracer]

Yeah it's another one od them threads I am sorry.

The issue I have is with a seller. I have just won a set of inks for my printer, however since it was listed in my town (walkable distance) I thought to save a rather hefty P+P cost and pick up locally. I didn't think about contacting the guy to make sure thats ok (to be honest I couldnt see why it wouldnt be really), so I bidded and I managed to get it.
After asking to collect from the person's address I get a reply basically saying it isn't actually in "that" location he had listed on the item (but 30 odd miles further away!). I was a bit miffed but I apologised for not asking about local pickup and said that basically im not interested, though I will pay the ammount it costed him to list it. He refuses and seems to be insistant for me to cough up the postage cost (which shouldnt be as much as hes asking if im honest).
I know I should have contacted to make sure it's ok to collect but he is saying it's a binding contract to pay for the item. I know this is true however, I also know if a discription is inaccurate or untrue I should have the right to pull out, shouldnt I?

Any advice? :help:

 

[AndyLandy]

To be honest, if the listing doesn't offer local pickup as an option then you don't really have an argument. If it does say that, and the item isn't where it's described as, then you've got grounds for false advertising.

 

[tokyoracer]

To be honest, if the listing doesn't offer local pickup as an option then you don't really have an argument. If it does say that, and the item isn't where it's described as, then you've got grounds for false advertising.

Very true he didn't advertise a local pickup, I never had that issue before but I don't understand why he would say he is living in an area but actually somewhere in another county!

 

[StrontiumDog]

I always ask is the item available for collection first before bidding. It's the same in reverse, if the item is listed as collection only but too far for me to travel then I ask if I can arrange a courier collection on a day to suit the seller. Nine times out of ten, sellers will be more than happy to oblige.

Sorry TY but in your situation, you don't have a leg to stand on. As you say, you entered into a binding contract with the seller and should stand by it.

Let the lesson be learnt and move on - you'll do better next time

 

[arnljot]

Re local pickup, you seem to be unfortunate and the seller seems to me to have the right to refuse.

Re the postage costs, if they are too much and at least if they were not listed you can certainly complain to ebay. Ebay have had a crack down last year on sellers who charges way too much on packaging and shipping.

 

[Alcatan]

Just my 2 pence worth, ask him for the weight of the item to post and then ask what service he is using, check the price and if it's way out, report him as it is against $bay rules to overcharge on postage. Also if the item isn't where he is based ie the information on the auction is wrong, then yes the item was advertised falsely.There is a "reasonable amount" for packaging but if it is excessive, then I would check with the site.

If they back the seller then ur up the creek without a paddle, however, they may look unfavourably on a seller who incorrectly lists an item and then overcharges for postage.

I would give it a go.

(but then again, I hate that site and will never use them again, so that's life)

 

[Zetr0]

Yeah it's another one od them threads I am sorry.

The issue I have is with a seller. I have just won a set of inks for my printer, however since it was listed in my town (walkable distance) I thought to save a rather hefty P+P cost and pick up locally. I didn't think about contacting the guy to make sure thats ok (to be honest I couldnt see why it wouldnt be really), so I bidded and I managed to get it.
After asking to collect from the person's address I get a reply basically saying it isn't actually in "that" location he had listed on the item (but 30 odd miles further away!). I was a bit miffed but I apologised for not asking about local pickup and said that basically im not interested, though I will pay the ammount it costed him to list it. He refuses and seems to be insistant for me to cough up the postage cost (which shouldnt be as much as hes asking if im honest).
I know I should have contacted to make sure it's ok to collect but he is saying it's a binding contract to pay for the item. I know this is true however, I also know if a discription is inaccurate or untrue I should have the right to pull out, shouldnt I?

Any advice? :help:

Item is not as listed -

the seller listed the items in a specific location, they are not in that location - the seller even admits that.

by default the seller lied on his listing and should not be delt with - I would contact eBay and explain that the sell listed the items in the wrong location as such not a vaible option to collect.

Before you do explain that you will do this first to the seller.

Also if this seller is an established business or ebay business - in the UK distance selling regulations apply. (heres a hot link)

in a nut shell

If you sell goods or services to consumers by:

• the internet
• digital television
• mail order, including catalogue shopping
• phone
• fax

then you need to know about the Consumer Protection (Distance Selling) Regulations 2000.
The key features of the regulations are:

• you must give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the supplier's details and the consumer's cancellation right before they buy (known as prior information)
• you must also provide this information in writing
• the consumer has a cooling-off period of seven working days.

throw that back at them if they get silly with you

 

[tokyoracer]

Thanks guys, VERY helpful.

 

[Brian]

Just lurking in this thread a bit as I rarely use eBay these days, but I did find it interesting that they require reasonable fees for shipping. I still see many sellers that are apparently making all of their money on shipping and handling rather than the product itself. Now that I know the reasonable shipping requirements, that might open me up to purchasing a bit more, although I've rarely had a good experience with eBay.

 

[tokyoracer]

Just lurking in this thread a bit as I rarely use eBay these days, but I did find it interesting that they require reasonable fees for shipping. I still see many sellers that are apparently making all of their money on shipping and handling rather than the product itself. Now that I know the reasonable shipping requirements, that might open me up to purchasing a bit more, although I've rarely had a good experience with eBay.

It's not a hell of alot but it's alot for just some Ink re-fills.

Still, I have contacted eBay and see what advice I can get from them.

 

[thgill]

• the consumer has a cooling-off period of seven working days.

What exactly is this cooling off period? Is that like a buyers remorse type clause? Some type of return window?

 

[AndyLandy]

• the consumer has a cooling-off period of seven working days.

What exactly is this cooling off period? Is that like a buyers remorse type clause? Some type of return window?

That's part of the Distance Selling act, but I'm not sure it's applicable to eBay, or at least not to private sellers on eBay.

 

[Zetr0]

If they are an established business or have a eShop via eBay, then they are bound by the distance sales regulations act of 2000 - irrespective of what eBay would want you to believe.

it is infact illegal for any company / person to try and impose terms or conditions in any contract that is a detriment to or infringes your statutory rights.

But as you say Andy, Private sales are handled differently but there are still some protection I will hit up a link to that as well.

---------- Post added at 16:53 ---------- Previous post was at 16:32 ----------

Money Saving Expert has this to say (amongst other info)

Know your rights

Use the 'Buy It Now' button, rather than a standard auction, to buy from a UK based trader on eBay, and you've all the same statutory rights as buying from a shop (see the Consumer Rights article). A trader is someone who makes some or all of their living from regularly selling goods. Technically it's up to the courts to decide but it's usually pretty obvious.

Buy from a private individual and the law says “let the buyer beware”. Providing your purchase arrives ‘as described' there's little legal comeback (assuming you can trace them anyway) and the standard seven day internet cooling-off period usually doesn't apply to auction purchases.

​

which bascially sums that all up nicely.

 

[Kin Hell]

• the consumer has a cooling-off period of seven working days.

What exactly is this cooling off period? Is that like a buyers remorse type clause? Some type of return window?

That's part of the Distance Selling act, but I'm not sure it's applicable to eBay, or at least not to private sellers on eBay.

eBay's rules & regulations are one thing.....

Knowing ones rights are only condusive to the following.....

"AmiBay's are another matter all together & need to be withheld in every instance."

Kin