Ebay Question

[Junkdrawer]

you really want to avoid the strike against your account. pay for the book and return it under the sellers return policy or through paypal "item not as described" enlighten the seller to pehaps save you both a headache and send you a "mutual agreement to cancel" make him aware if he ships the book and you return it in a paypal case, he will be out listing and selling fees. tell him you would RATHER leave POS feedback as an end result, thus impling NEG, but don't sound like your blackmailing him. as a seller i would want to release you and hope you never came back. put him on your blocked bidder list for safe measure to.

[500Club]

Ebays response to the whole thing, just wait to get a mark against my account than go appeal to the resolution center or just pay for the item

Really? So eBay simply rubber stamps a NPB strike against you, then it's up to you to appeal?

 

This is why eBay has become so hated.

 

As a seller, I've gotten similar offers with S+H rolled into the offer price in the past. It CLEARLY states when you go to accept the offer that you are accepting the price and any terms/conditions added by the buyer.

[the blob]

 

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[the blob]

I'm not sure why the buyer is getting any stick here?!?

 

He put in a best offer including shipping. The seller accepted. That's a contract under eBay terms.

 

OP, you have two options. One, let eBay assess all the info including transaction details and render a decision. Two, email the seller and politely advise him you will pay the S+H above what the best offer contract was, but that feedback will reflect this.

 

While this would normally be true, apparently under the ebay rules someone cited, when shipping is stated in $ terms in the listing, the best offer cannot (?) include shipping as well.

 

I had always assumed you could structure your offer however you want, which is why sellers are told to look at the "terms" of the offer, but I guess this rule trumps that?

 

[500Club]

I'm not sure why the buyer is getting any stick here?!?

 

He put in a best offer including shipping. The seller accepted. That's a contract under eBay terms.

 

OP, you have two options. One, let eBay assess all the info including transaction details and render a decision. Two, email the seller and politely advise him you will pay the S+H above what the best offer contract was, but that feedback will reflect this.

 

While this would normally be true, apparently under the ebay rules someone cited, when shipping is stated in $ terms in the listing, the best offer cannot (?) include shipping as well.

 

I had always assumed you could structure your offer however you want, which is why sellers are told to look at the "terms" of the offer, but I guess this rule trumps that?

I don't know of any clause like that. Anyone?

[Doohickamabob]

From what I can tell, the purpose of the note section is not set in stone. eBay says to use it to add "clear and detailed contract terms." If you add terms to a contract, it stands to reason that those terms would be binding for the contract -- EVEN if the contract also fixes the shipping cost. (There is no way to alter the shipping cost when submitting the Best Offer.) Here's a goofy example of what the Best Offer pages look like:

 

LISTING PAGE:

 

 

BEST OFFER PAGE:

 

Notice text that says "Remember, your Best Offer price does not include shipping fees." (This doesn't mean you can't try to change that in the contract detail notes, but some might interpret it that way.)

 

 

Note also the line about "clear and detailed contract terms." In spite of the phrasing about the shipping cost etc., the Best Offer page also makes it clear that the notes are part of the contract.

 

"REVIEW YOUR BEST OFFER" PAGE:

 

This one says "Best Offer price is for item only." This supports the idea that shipping is not part of the deal. The fact is: You can look at these pages as supporting both interpretations.

 

 

Notice the "message to seller" is impossible to miss -- it is right there under the offer price. Notice also that whereas the form described this text as "contract terms," on this page it only describes the text as a "message." So the Seller has less reason to think of the message as being contractual. This is an inconsistency on the part of eBay.

 

MY VIEW:

 

It seems to me that the Seller is being a bigger jerk here than the Buyer. I do think the Buyer made things complicated by altering the shipping cost instead of just offering a price plus shipping that he was happy with. Why make things complicated?

 

But the Buyer's intentions are now obvious and he has communicated them clearly to the Seller. The Seller is being an obstinate P.O.S. for not agreeing to cancel the sale. He keeps saying "I don't have time for this," but canceling only takes a minute, which is a lot less time than going through the process of submitting a non-paying bidder claim and then doing all the follow-up work.

 

In my opinion, the Buyer should communicate POLITELY to the Seller that he intends to stick up for himself no matter what, and that Seller will save time by agreeing to a simple mutual cancelation. If the Seller continues to insist on being stubborn and unhelpful, the Buyer has numerous options, including leaving negative feedback, and following the Seller's return policy and sending the items back (at return shipping cost to buyer) with delivery confirmation, which will really waste the Seller's time. You could also simply not pay, and suck up the non-paying bidder ding, which will disappear on your account in a few months anyway.

 

Basically, the Buyer has options, and they're based solely on your willingness and energy to fight. In life you do have to choose your battles, and this might not be worth it. Is what you're buying a good deal even with the shipping? If so, maybe you should pay up and accept the additional cost as a lesson learned. If the deal is not good, and you really feel you're being mistreated, then stand your ground and take a hard line like the Seller is doing.

 

CONCLUSION: eBay's Best Offer pages are unclear as to whether the "contract notes" trump the shipping cost -- there are details that could support either side. Buyer was a little foolish in how he submitted his offer, but Seller is far more foolish in his ungracious refusal to cancel the transaction.

[the blob]

I'm not sure why the buyer is getting any stick here?!?

 

He put in a best offer including shipping. The seller accepted. That's a contract under eBay terms.

 

OP, you have two options. One, let eBay assess all the info including transaction details and render a decision. Two, email the seller and politely advise him you will pay the S+H above what the best offer contract was, but that feedback will reflect this.

 

While this would normally be true, apparently under the ebay rules someone cited, when shipping is stated in $ terms in the listing, the best offer cannot (?) include shipping as well.

 

I had always assumed you could structure your offer however you want, which is why sellers are told to look at the "terms" of the offer, but I guess this rule trumps that?

I don't know of any clause like that. Anyone?

http://Support-the-Collectors-Society.com/help/buy/best-offer.html

 

"For listings in which the seller has specified shipping costs for the item, the Best Offer price includes only the listed item. For listings in which the shipping costs aren't specified, the buyer can choose to include shipping costs in their offer."

 

I read this that way, although prior to this thread I always assumed you could use that note box to structure the offer however you like. For example, I have had received offers contingent on me accepting the other offers from the buyer (so they know what they're spending, the shipping, etc.) and so on.

 

 

[Point Five]

Here's a goofy example of what the Best Offer pages look like...

Good luck with the Dotty Dripple negotiation! Let us know how it goes.

 

 

[3319comics]

Actuallly ebay rep admitted to me that shipping can be in the terms and also shipping method, say Only if sent by priority mail for example... So that note box is like adding addendums to the contract.

[Conan_Aficionado]

I remember a professor in a business law class making a statement regarding contracts, "everything is negotiable." But for the purposes of keeping things simply or civil if a buyer states a shipping charge, but advertises a product as "best offer," I would take that to mean that the shipping charge is not negotiable but the price of the product is. In which case i would bid accordingly, very well aware that the shipping charge is separate.

 

For the purposes of keeping the transaction simple. Now if you want to try and slip one over on the seller, by all means change the shipping agreement.

 

I'm pretty sure that the real purpose of the leave a message field is more to clarify issues, such as ship the item via USPS priority or UPS, media mail, insurance, delivery confirm, that sort of thing. Or as stated "to add terms" not "change" existing terms, although I don't believe there is anything wrong if you choose to change every aspect of the transaction. You are the buyer, and money talks.

 

Disclaimer: I've actually never purchased an item via ebay.

[Boozad]

How the can you 'change the shipping agreement' when the seller has already stated it on his listing? You negotiate on the price of the item. Period.

[Conan_Aficionado]

Ur preaching to the choir, we're going to be good friends.

 

when the buyer submitted he's bid, he changed the terms, what do you mean, how can he, HE DID, PERIOD.

 

Actually, i understand what ur saying, ur right, he shouldn't be able to change the terms.

 

 

[Boozad]

Ur preaching to the choir, we're going to be good friends.

 

when the buyer submitted he's bid, he changed the terms, what do you mean, how can he, HE DID, PERIOD.

 

Actually, i understand what ur saying, ur right, he shouldn't be able to change the terms.

 

 

that last post wasn't a direct dig at you, sorry if it seemed that way.

 

Basically the point that has been missed from the beginning of this thread is that the seller set his shipping rates out in his listing. The buyer cannot set new terms on shipping.

[500Club]

Ur preaching to the choir, we're going to be good friends.

 

when the buyer submitted he's bid, he changed the terms, what do you mean, how can he, HE DID, PERIOD.

 

Actually, i understand what ur saying, ur right, he shouldn't be able to change the terms.

 

 

that last post wasn't a direct dig at you, sorry if it seemed that way.

 

Basically the point that has been missed from the beginning of this thread is that the seller set his shipping rates out in his listing. The buyer cannot set new terms on shipping.

He's not. He's making a best offer including shipping.

 

Maybe you'd feel more comfortable thinking of it as 'best offer' - 'shipping'= 'price offered'.

[Boozad]

Ur preaching to the choir, we're going to be good friends.

 

when the buyer submitted he's bid, he changed the terms, what do you mean, how can he, HE DID, PERIOD.

 

Actually, i understand what ur saying, ur right, he shouldn't be able to change the terms.

 

 

that last post wasn't a direct dig at you, sorry if it seemed that way.

 

Basically the point that has been missed from the beginning of this thread is that the seller set his shipping rates out in his listing. The buyer cannot set new terms on shipping.

He's not. He's making a best offer including shipping.

 

Maybe you'd feel more comfortable thinking of it as 'best offer' - 'shipping'= 'price offered'.

 

My point is that - and even eBay state this - a best offer is on the price of the item only if the listing has a specific shipping price set. In this case it did which makes the 'buyer's' note null and void. If a seller sees a best offer of a price he is willing to accept, he shouldn't have to check the notes for contractual clauses, they have been laid out beforehand.

[500Club]

My point is that - and even eBay state this - a best offer is on the price of the item only if the listing has a specific shipping price set. In this case it did which makes the 'buyer's' note null and void. If a seller sees a best offer of a price he is willing to accept, he shouldn't have to check the notes for contractual clauses, they have been laid out beforehand.

 

Point taken. But it seems a common sense thing to me. I've gotten, and accepted, 'shipping included' type offers in the past. It's not that tough to check the notes - they're right there in the Best Offer email.

 

Of course, then there's this:

 

Actuallly ebay rep admitted to me that shipping can be in the terms and also shipping method, say Only if sent by priority mail for example... So that note box is like adding addendums to the contract.

 

But then, that's eBay for you.

[Beau]

Ur preaching to the choir, we're going to be good friends.

 

when the buyer submitted he's bid, he changed the terms, what do you mean, how can he, HE DID, PERIOD.

 

Actually, i understand what ur saying, ur right, he shouldn't be able to change the terms.

 

 

What does Ebay have to do with the home of the Chaldeans?