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Seller cancels order for comic I won after 24 hours

Started by *Bronze age fan*,

528 posts in this topic

sterlingcomics

sterlingcomics

Posted
Posted
Why the hate for buyers that use the BIN button? Seems in many threads description of buyers using the BIN button = being a loser. New to all this and just curious is all.

 

No hate...but if you have a problem with sellers delivering a product after an agreement is made, then it should just as fair and just that the buyer does what they committed to when they purchase the product. (ie what's good for the goose is good for the gander).

 

BEYONDER: Cmon, Millie...she's a fox.....

 

rReVyW.gif

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ecgt

ecgt

Posted
Posted
Frankie,im in Canada and ive heard nothin about a lockout...resolved I believe...

 

The Canada Post statement by the OP's seller is dishonest. The union and company reached a tentative agreement on August 30 and the mail has been flowing without any trouble.

 

http://www.cbc.ca/news/business/canada-post-tentative-deal-union-1.3742098

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the blob

the blob

Posted
Posted

Why is there such a call to force someone to sell something to someone that they clearly don't wish to sell to?

 

The guy doesn't want the business. Your right as a consumer is to go to someone who does. There are plenty of people who do.

 

He doesn't want the sale. He's quite clearly a questionable seller, which should have been noticed BEFORE bidding. Look at their DSRs. They're a mess.

 

Is the seller right? Outside of a legitimate reason not to sell to this buyer specifically, no. But so what? It's their property, they should be able to not sell it to whomever they wish, for whatever reason they wish.

 

All this sturm and drang about punishing the seller...don't you think the seller's own personality is punishment enough...?

 

 

 

He is violating ebay's policy. Kind of like violating paypals personal payments

 

There's multiple rules he's breaking. And I'm guessing he knows eBay's investigative prowess is as fast as a slug on a lazy Sunday morning. Although the mantra here is "No Quarter" I'm betting nothing will be done by ebay on this unfortunately.

 

 

What are those "multiple rules"? Link?

 

Not questioning you...per se...but let's get some specificity on the table, here.

 

 

 

From ebay:

 

"Things to keep in mind

 

If you cancel a transaction, the buyer may be disappointed or feel that you didn't honor your side of the bargain. Keep in mind that:

 

If you cancel a transaction, it may be considered a defect and count against your seller performance. Learn more about seller performance standards.

 

If you cancel a transaction, the buyer can still leave you negative or neutral Feedback about the transaction.

 

When you list an item, you enter a legally binding contract to complete the transaction if the item is sold. If you cancel the transaction, there could be other negative ramifications. See the eBay User Agreement.

 

Once the cancellation is complete, you can't ask us to step in and help with the transaction, and you can't reopen the cancellation request."

 

I admit there is a lot of ambiguity on the website. But re-listing it right away when you don't get your price is a B.S. move. Plus, as you're worried about theft of services (personal payments), how is this just a way to avoid paying for a reserve auction?

 

As for the ebay process and whether this is a contract, we have offer, acceptance, consideration, and, given the above, it seems maybe an understanding that this is legally binding. Obviously nobody is suing for specific performance here.

 

Anyway, it seems like if the seller is going to reneg, they ought to toss something the buyer's way. I have come to the realization I may have missed a defect on a book and unless I can find one that is defect free (I do own multiple copies, I just need to track them down), I am probably refunding the money and sending the buyer the book with the defect as a free consolation prize (although, honestly, the defect probably makes it a 9.2 or so, but I said it was 9.6)

 

 

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ecgt

ecgt

Posted
Posted

I have trouble believing that the OP's seller is not up to date. Considering how much the Canada Post labour dispute hurt eBay sellers in our country and how much it affected things for my own business and many other people who I know, I doubt that a fellow Canadian seller would be out of the loop on this. It just doesn't make sense to me.

 

Looking at the seller's completed listings, he has been selling stuff during the lead-up to and after the agreement was made. The post offices that my wife and I frequent were consistent in giving customers updates during the labour threat and avoiding the work stoppage is all anyone was talking about two weeks ago. Also, every major news outlet picked up the story once the agreement was made. All of this makes this statement by the OP's seller a red flag: he's either being dishonest or is not paying attention to the world around him.

 

 

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*Bronze age fan*

*Bronze age fan*

Posted
  • Author
Posted

Well that's over now. lol. He changed his mind again. Thanks to everyone for the advice and the postal situation. Just got a full refund. Guy stinks.

 

 

HI FRANK JUST AGREED TO YOUR REFUND. THANKS AGAIN AND TAKE CARE CHUCK

 

In a message dated 9/14/2016 5:35:06 P.M. Eastern Daylight Time, frank writes:

Hi,

 

My friend lives in Canada and does not know anything about a postal lockout. I think it's strange you have not removed the new auction for the comic.

 

Just so you know. I am a Police Officer. If your attempting to defraud me, it may be a silly move. If you do send me a package, I will open it in front of the Post Master at my local post office and a postal Policeman, and make a video recording of me opening the box. If the box is empty and your attempting something silly. You will be charged with Mail Fraud. Maybe I am being paranoid, and if I am, I am truly sorry. But something does not seem right.

 

Frank

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The_SandMan

The_SandMan

Posted
Posted

Look, as of now I am of the mindset that his book get bid up to the stratosphere and then? ..,,well, draw your own conclusion. Initially I was of the opinion that you should just let it go, but now that he has dished out a healthy dose of BS, I say what's good for the goose is good for the gander. Keep on eye on this auction (tsk)

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RockMyAmadeus

RockMyAmadeus

Posted
Posted
Nope. It's called the eBay User Agreement. Not policy.

 

 

Not sure what difference you're suggesting here.

 

 

And refusing to deliver the goods w/out valid reason is against the rules. Again - assume everything OP says is true, then the rule has been broken.

By laws, I'm not referring to criminal laws.

 

 

Naturally. There's a difference between criminal law and civil law.

 

 

Pretty sure a contract was made b/w OP and eBay Seller. Seller unilaterally cancelled using a term that wasn't in the contract as a basis for voiding it. It's classic breach. No idea what the remedy is (could be replacement cost, could be specific performance w/the right judge).

 

 

"Assume everything OP says is true" is an exercise in hypothesis, and not the point I am making. That the seller is "violating eBay policy" is not in dispute. That the seller has done something screwy is not in dispute.

 

That all this "yeah, GET 'IM! Make him PAY!" commentary exists is the issue.

 

By the way...has there ever been a single case which made it through the US judicial system, whereby a seller was successfully sued for "breach of contract" for not following through on an eBay sale...?

 

Not saying it's not possible...but if...if, now...there hasn't been a single successful case in the 20+ years eBay has been in operation, I'd say the foundation for "breach of contract" is essentially non-existent, except in theory.

 

 

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