Yet more eBay woes. . .

  • Thread starter Thread starter tokyoracer
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I had no idea about that and have just changed my buyer preferences to suit. Many thanks my friend.

Glad to be of assistance! :thumbsup:
I've been on eBay for 10 years and only learned about it a few months ago myself. Seems a quietly kept feature.
 
@r0jaws

In the link it is written ...before the auction ends.
But the auction is ended and he buyed it.I´m very sure the contact is valid.

And the seller don´t said no bidder from outside... he only said contact me before you bid.(when i had it right in mind)
So he is willing to send it outside...he is recognize that he want send it outside.
But of course if the seller will cancel
the buyer don´t do anything against that.
 
The listing only ended when the buyer clicked the "Buy It now" button, but didn't contact Tokyoracer prior to going ahead as he had requested in the thread.
That is quite firmly in the Failure to meet a seller's terms.

Failure to meet a seller's terms
Examples:

  • A seller states that their item will only be posted domestically. The buyer is registered outside the postage area.
  • A seller states that buyers with negative feedback comments are not permitted to bid. The buyer has negative feedback.

So, as far as that is concerned, the "contract" is null and void.
 
"...will only"

This is not the case.
The seller said he will do but contct him before.
So this example is a bad example because thi is another situation.
This example said when the seller generaly will not send to outside.
You now what i mean?
I still think the law would say this is a valid contract.

But i say it again when i read this in an auction do that was the seller want.
when someone bid on my auction without contact me before i would cancel the auction too.
 
Ok well il bring it into the open, bean spillage imminent!

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=290473259180&ssPageName=STRK:MESOX:IT

(290473259180)

Thats the item in question (sorry not amiga related but is a BIN so should be just about within the rules). :)

1st email (before I knew about him being overseas):

Me:


Hi there,I am also now selling a F40 road car cheap, if your interested in getting a postage discount then feel free to give it a look.Thanks,Chris.

Him:

Hi Chris, many thanks for your offer, but i’m only interested in realy old vintage cars. Do you have another one (like Vanwall)?
If not, please enter the shipping cost for the Vanwall at Paypal.

Regards, Kurt

2nd email:


Me:


Hi there,

I realize you are from Germany, I said in the description that overseas buyers must contact me before buying in bold, underlined and in red. I want to ask why you chose to ignore this?

Chris.

*Transaction cancellation request sent*


Him:


Before or after, what’s the different? Let me know the cost for signed for shipping and i will pay the item.

*
Transaction cancellation request denied, Negative feedback received*

3rd email:


*Feedback revision request*


Me:


You left feedback before we could arrange anything. All I asked is why you bought my item without contacting me and you do this to me?! If you revise your feedback to positive I will send a quote for german postage. If you refuse to go along I will have to report it to ebay.

Him:


Hm, for once (English guys are always correct and trusty). Please enter the cost for registered for shipping at paypal so i will pay quick. When the item is arrived i will remove the rating. But please hurry up, i’m going in two weeks on holiday for two weeks.

4th email


(I was away for a few days)

Him:


Did you received my email? Second and last try: Hm, for once (English guys are always correct and trusty). Please enter the cost for registered for shipping at paypal so i will pay quick. When the item is arrived i will remove the rating. But please hurry up, i?m going in two weeks on holiday for two weeks.

Me:


I will only be willing to send your item as soon as you either changed the feedback to positive or remove it completely. After then I will send you a quote for German post.

Last email:


The buyer has declined your request to revise your Feedback for Scalextric Vanwall Formula 1 Car in Green, VGC, MM/C/87 (290473259180).

Reason for declining:
Other

Message from the buyer:
A most complicated man wich wasting my time!


That's as far as I have gotten at the moment. Note the sarcastic comments on the English and it turns out he has a history of sending iffy feedback to sellers so far as I can see.
 
my 2 ct worth, not that I have used Ebay in a long time, but from my experience, ebay will side with the buyer, because as far as ebay is concerned anything i.e. terms and conditions, that a seller rights in their auction are invalid and Ebay rules superceed anything a seller states in their listing.

So from my experience, ebay will look at this , and say you did not state it was a uk only auction in the listing designer, therefore the BIN stands.

However as a seller the worst that can happen already has, you got negative feedback.

If I were in your shoes, I would not send the buyer a postage cost and refuse to deal with him, tell him to go "shove it where the sun don't shine" he obviously is an A**hole because he is trying to threaten you by holding you to ransom over the negative feedback.

If you do send the guy the item, I guarantee he will a) not retract the neegative feedback and b) lodge a paypal complaint once he has the item stating item was not delivered (read the Buyer protection policy very carefully, you will find that you are not covered for protection and paypal will refund the buyer even if you send the item recorded delivery) and claim the money back.

But if you hold firm and say S** Off he can't get any money out of you because he hasn't paid you, he can't lodge a Paypal complaint unless he pays you and he can only claim the money back that he pays you anyway, at the most he can file a complaint with ebay for non selling seller and at the end of the day if ebay side with him, (which they probably will) refuse to sell the item and probably the worst ebay can do is restrict your seller account for a few weeks.

Then relist the item.
 
It´s only one red dot.
After 12 months it disappears.

But why don´t you comment the feedback?
Write something like this:
"outside buyer don´t contact me before he buyed"

So that the other see that is not a big deal.

A good advice don´t write him things like Alcatan says.
 
It´s only one red dot.
After 12 months it disappears.

But why don´t you comment the feedback?
Write something like this:
"outside buyer don´t contact me before he buyed"

So that the other see that is not a big deal.

A good advice don´t write him things like Alcatan says.

All comments made by a seller now is classed as positive feedback and will only serve to push the buyer's rating higher. Clearly this a**hole does not deserve such so Alcatan's advice is good.

FWIW, negative feedback never goes away. It remains for the lifetime of the account unless recinded by the person who posted it or by ebay themselves through mutual agreement.
 
Great advice from Alcatan there Chris, tell him to shove it :thumbsup:
And well said Almaniac, comment on the neg so other can see your side, I always read someones feedback and sometimes you realise that some prick has left unreasonable neg feedback and you feel happy to then deal with the seller as you can sympathise.
 
It´s only one red dot.
After 12 months it disappears.

But why don´t you comment the feedback?
Write something like this:
"outside buyer don´t contact me before he buyed"

So that the other see that is not a big deal.

A good advice don´t write him things like Alcatan says.
I will do, I will seewhat eBay will say first, I just hope that something can be done. It wouldn't be the first time I have won a debate like this. Fingers crossed anyway. . .

Thanks again for the advice.
 
my advice is to hunt them down, and shoot them in the face, no where else is acceptable, do them the favour as it will be considered a mercy killing or it will back up Darwin's theory! go on do it, you know you want to:twisted:

besides it's the only way to be sure
 
@blankstare
There is an option you can comment the feedback from the seller without give the buyer a feedback.
The % is only calculated for 1 year.
You can read it after a year in the feedback list but than you have 100% after a year withoit a new red dot of course


I think ebay don´t remove the red dot.
Ebay do it only when something is against the law (defamation or so)
 
my advice is to hunt them down, and shoot them in the face, no where else is acceptable, do them the favour as it will be considered a mercy killing or it will back up Darwin's theory! go on do it, you know you want to:twisted:

besides it's the only way to be sure


I second that:D

Though if you shoot them in the back of the head the exit wound would be in their face
 
@ Almaniac

The best reply to the feedback left is no reply. Let the buyer squirm then go running to ebay whining and crying like some little girlie (to be said in a Schwarzenegger type accent)

No money has exchanged hands so no contract. Tokyo is under NO obligation to send goods until money has been exchanged. Even after money has been recieived, he can reject the payment on the grounds the buyer is a complete idiot and should learn to read before hitting the BIN button.

Whats ebay gonna do? send the boys around to Tokyo's house demanding he gives up the item? I think not. Ebay will crawl back under their rock and simply chastise Tokyo by blocking his account for a period of time then carry on as if nothing's happened. Ebay are all bark and no bite when it comes to disputes like this because they have no jurisdiction in law. They are not judge, jury and executioner - mearly money grabbing w***stains on the curtains of life.
 
"No money has exchanged hands so no contract"
From the law that is wrong.

I think he don´t cry like arnold because he is austria :lol:

But when he don´t comment the feedback the other buyers think the fault was by the seller.
Only a neutral answer to that feedback is not wrong the other buyers can form there own opinion.

I would not send it too :lol:
 
"No money has exchanged hands so no contract"
From the law that is wrong.

Read your law books ...

The seven key requirements for the creation of a contract are:

  • Mutual assent (valid offer and acceptance);
  • Capacity to contract;
  • Consideration (a legally-sufficient but not necessarily legally-adequate benefit or detriment accruing to the parties) or substitute therefor, such as through promissory estoppel, moral obligation, or execution and delivery of a writing memorializing the contract executed under seal;
  • Lawfulness of purpose;
  • Legality of form;
  • Intention to create legal relations; and
  • Consent to contract.
Tokyo has NOT accepted a valid offer by mutual assent so NO CONTRACT
Tokyo has made it clear that he does not accept bids from certain places - No consent since the bidder is an unwelcome one so NO CONTRACT

[Edit]

In effect, in placing such restructions in his auction, he has effectively placed an 'Exclusion clause' within. That gives him the right to terminate any such BIN, bid, even offers from bidders residing from countries he specifies as unwelcome.

[/Edit]

Moving on ...
 
No i´m pretty sure your laws are the same in this situation.

The buyer is still entitled(<-is that the right word ?) to buy it.
He must withdraw or admit to the withdraw from the seller.
Only then the contract is no longer valid



"INTERNATIONAL BUYERS, PLEASE MESSAGE ME BEFORE BUYING!"

So he don´t wrote that he nerver sell outside uk.

When he wrote " No international buyers" than is it another situation.

But he permit internationl bidders.
And when he write "contact me before" <- this don´t expiry the law
This is only a option.
i´m 100% sure about that.
My english is not good enough to explain it right.
i will look for some English examples later.


When you are right ebay MUST remove the red dot.
Let us wait
 
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