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Yesterday, I went to eBay and instead of bidding, bought a merchandise with their "Buy It Now" option. When I found out it wasn't what I was looking for decided to cancel my purchase.Well, I just got a not-too-friendly e-mail from the seller.
My question is: what are my rights and what are the seller's?
Thanks a lot.
Follow Ups:
It's Ebay, it is not the end of the world.Seller should just relist the fucking item and be done with it.
All this "you're stuck with it buddy" too bad attitude is ridiculous.
I can see it now: on Ngeorge's obituary they'll say, "you know he was a good guy but there was that one Ebay auction where he erroneously clicked Buy It Now, tsk tsk tsk"----- Puuuuleeeze people!!!!
You've done more than most would, don't give it another thought and don't ask this kind of advise from the idiots on this board, you've done well.
Will
If you wake up one morning after a drunken rampage the night before and find blood, skin and bone material on the front of your car. Fuck it - it was just a drunk driving experience - spray it off and move on with your life.You find a wallet with $20 in it and decide to keep the money and throw away the wallet and its contents. Fuck it - some dumb shit lost the wallet anyways just move on with your life.
You promise to pick friends after the ballgame on the bad side of town but you feel like watching tv instead. Fuck it they can walk home get on with the show and move on with your life.
You get married and divorced with 3 kids and are obligated to make child support payments. Fuck it get on with your life.
You need some money in order to buy some drugs and decide to rob a convenience store. The dumb-shit clerk decides to fight so you shot him in the head. Fuck it take the money and run and get on with your life.
Yep - I agree just fuck it and move on with your life.
Give me rhythm or give me death!
how do any of those horrible acts relate to ebay?you are disturbed.
Will
I will now go back to live my life.Have a good weekend.
Does the Seller accept CC?If he does, then he also accepts the implied and specific warranties that the CC provides - including the return of items (depending upon the State) unless expressly stated on his auction website.
With that said - you should offer to pay a re-stocking fee of 10% or whatever. You offer to pay for re-listing is a joke, and just to save face I would make amends to the seller - perhaps the difference between the ending auction price and the price you were to have paid.
what "A" hole would purchase (a lot no less)items thru "buy it now" without proper inquiries? Then, because you didn't get want you want you expect the seller to honor this binding contract to suit *your* needs? What are ya' a lawyer?!!
Because you are arguing with everyone who tells you that it is the wrong thing to do.Do whatever you want.
I already have apologized to the seller twice and offered to pay for a relisting - although his listing expires ... today.I admit I should have asked for more details BEFORE I hit the buy button. I don't know what else to say except why couldn't a buyer change his mind?
because you agreed to buy the record!Does the word "agree" have any meaning for you? If it doesn't then no one would, or should, do business with you.
We have just agreed to mend our differences.So, thank you very much!
... it seems to me you have two honorable choices.1) Go through with the deal, and either keep the records or sell them.
2) Reimburse the seller for his listing and sales fees, without further ado. Yes, he can go through a claims process with eBay, but why should he have to? You agreed to buy the item, so any cost and inconvenience should fall on you.
You also have one DISHONORABLE choice: renege on the deal and try to justify it on the grounds that the seller didn't provide a "complete" description.
If you choose that option, expect negative feedback. You'll deserve it.
Look. It's not dishonorable to tell someone you made a mistake and you will pay for the relisting.... for goodness sakes that's more than most would do.Dishonorable would be to do nothing. Ignore emails. Set up another user account and go on blithely.
Karlotta
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sony -> kora -> yba -> meadowlark | Ho-jo-to-ho! Ho-jo-to-ho! Heiaha! Heiaha!
I said that _if_ NGeorge reimburses the seller for all fees incurred (listing plus final value charge) that's an honorable course of action. If he just reneges, that's dishonorable. In other words, pretty much the same thing you said. Pay attention!
With deference to all of the hard line, "it's your responsibility" people, I would beg to differ with that attitude -The Uniform Commercial Codes states in Article 2: "(1) Rejection of goods must be within a reasonable time after their delivery or tender."
You terminated the sale before delivery, that certainly more than meets that criteria.
Basically, you have the right to reject the goods if they do not meet your need, which, in this case - you did not know until you enquired further about them. Also, under federal law you have three days in which to accept or return the goods.
Tough luck on the seller's part - but, it was a mistake on his part to choose to NOT list, or clearly describe all of the pertinent details (label colors).
He of course can seek a remedy, which would be posting a negative rating, etc. Legally, he really has no recourse since you did not take posession of the goods.
If you would like to buy them to maintain "good will" that's your choice. There are hazards in being a seller as well as a buyer - buyer's remorse and return of goods is one of them. Having managed 3 retail businesses, and owning a custom manufacturing company, from my experience, it's not the one way street ("you offered to buy it, now pay up") reflected in many of the posts.
If it was, I wouldn't have had people returning things because they decided, "I just didn't need it." "It didn't do what I thought it would do..." "My husband said it was the wrong color." etc., etc., etc.
That's part of the price of offering things for sale - returns. Too bad but true, you can't force someone to buy something because it's inconvenient for you the seller.
Please see my last post.
You forgot UCC 2-601, ". . . . if the goods or the tender of delivery fail in any respect to conform to the contract, . . . ."Which they did not.
It's bad enough to give false audio advice.
Now we're giveing false legal advice. Yucccchhh!!
It may very well be true that the seller has little practical remedy. But that does not make what NGeorge did conform to the law.
The unified code has nothing whatever to do with an Auction situation, what you are saying is ill-informed and just plain wrong. You are confusing the statutory obligations of an Auction, with the "offered for sale" situation, which are completely different circumstances!
Potentially, the Seller could front up with a writ from a Federal court to the Buyer demanding payment, and the Buyer would have to make an appearance in front of the judge who issued it to explain why he failed to do so. The Buyers position is completely indefensible in an Auction situation.
Suggest you read my attached post and don't snooze when you redo "contract 101"
Eric
Tokyo*
But since there was no material misrepresentation, only buyers remorse, the buyer is still responcible.
but the Buyer is still responsible nonetheless
Eric
Tokyo*
Thanks, xenon101.I always felt there was at least something, somewhere that I could read that was FOR the consumer.
Great post; I'm really printing and framing it!
George, the post you want to frame is irrelvant to your situation because retail and auctions are two different things.Auctions have different rules. People--you included--who enter into auctions agree to abide by those rules.
If I go to a retail store that has a "100% guaranteed return policy for any reason" then you can return it.
But auctions are not like that. You bid, you buy.
George, you now seem to be rallying under the pro-consumer banner. But the guy trying to sell his item on eBay is not some capitalist pig ripping off poor little consumers like you. He's just some guy trying to make a little bit of money on eBay. You're no better than he is.
Don't give us the "consumer protection" business. Give me a break. It seems you'll do anything to slip out of a deal you made with rules you agreed to. At first I went easy on you but based on your follow up posts that you're just looking for any shred that you can justify to get out of your mess.
George, sure, you can slip out of this, everyone else does, why not you? Screw everyone else, you come first! That seems to be the American way.
All I ever wanted to know was whether I could cancel a purchase. Nothing more, nothing less.Am I forced to accept a merchandise I don't desire?
George writes:"Am I forced to accept a merchandise I don't desire?"
This statement is hilarious. I guess the seller found you in a dark alley and put a gun to your head and forced you to buy it. Your logical and ethical summersaults would make Bill Clinton proud.
Legal right and e-bay etiquette are 2 different things. He has the legal right to refuse payment, and cancel the transaction, but he has the moral obligation to either pay for the item, or work out an amicable deal with the seller that the seller agrees on....I once bought a painting that sucked - sucked bad. But, I did see a photo of it before purchase, and to me it looked completely different. The seller wanted to refuse a refund, claiming it a case of buyer's remorse. I worked out a deal where I paid shipping both ways, and accepted a partial refund. The lesson cost me some money, but I wouldn't have hung that POS in the woodshed, let alone in the house - so any refund I could get while honoring my deal was worthwhile...
Live and learn - the only way to be true to yourself is to be true to others first.
Then someone at Ebay should write an etiquette book and make everyone sign a statement saying that they'll always be a nice person for the rest of their life, and never, ever, return anything for any reason at any time.That's the problem with Ebay - people have unrealistic expectations as to how sales are being handled because it's "person to person" and doesn't involve a commercial business (for the most part).
That's why there is a Uniform Commercial Code - and not a Uniform Etiquette Code. Bidness is bidness - it's a retail transaction not a dinner date. Save the etiquette for the correct way to eat soup, which fork to take first, and how not to embarass yourself by tucking the napkin into your shirt collar.
Could I buy you dinner?I promise it won't be too fancy because we could use chopsticks!
You could eat the food, then tell them that it wasn't prepared just how you want it - though you might want to get some erroneous legal advice from xenon first...
Hopefully you can resell and break even.Either way, you are or should be a little wiser.
Best,
I have had this happen to me several times before as a ebay seller where people back out of a purchase. People seem to get caught up in the moment and don't think about what they are doing. That is probably why people like to sell in the auction style - fast, spontaneous responces with frequent overbidding.Most of the people I have had trouble with just didn't respond to me. At least you are a caring enough person to ask questions and consider your responce. I admire that.
This was a "BUY IT NOW" sale. It wasn't like the clock was ticking with only a few seconds left. I think he was just a little to quick on the trigger and should have done all his thinking before he ended the auction.
!
If you plan on bidding it is clearly *your* responsibility to research what you are buying and decide for yourself whether the item offered is (1) what you actually want and (2) what the real-world value is. I cannot beleive that you would even post the question here given the circumstances you described -- whining all the way.This is about living up to your responsibilities, whether or not you like the results. Hey, *you* are the one that bought the LP's. Nobody coerced or mislead you. Nobody forced you to pull the trigger. People who back out of deals are pathetic. Where is your sense of responsibility???? Why even have a deal in the first place if you aren't honorable enough to live up to you word. No wonder the seller wants to rip your lungs out. Your word is obviously worth nothing.
"When the going gets weird, the weird turn pro."
I have really learned my lessons - on my first trip, first purchase; and not the last post to rip me!
... after you screw the seller you start sniffing around here asking about your "legal rights" so you can rationalize your behaviour. Yeah, maybe *you* are really the victim. Nice...
"When the going gets weird, the weird turn pro."
Give us the auction number and we can look it over and give better opinions.
Harmon's Factory Store listed about 1/2 dozen Infinity sub-woofer refurbs a week ago on Ebay with a $1 starting price. If figured what the heck I'd bid a max of $75 and might get something cheap. An hour after my bid Harmon cancelled all the items. Not a word of reason why they did it. No sorry to bidders. No nothing. I thought that was pretty sleazy. If they made a mistake and listed it, they should have carried through with the sales from new stock. If sellers are going to bahave like this, they ought to expect buyers to also.
Seller was wrong to pull out after bids. Buyer should follow through also.
I bought The Beatles Collection.After the transaction, I e-mailed the seller and told him I hadn't decided how to pay him: personal check or by credit card.
Then I asked if what I had just bought were the Black and Yellow Parlophones. They weren't. So I, regretfully, told him that I had to cancel because they weren't the pressings I wanted.
Then a not-too-friendly e-mail arrived.
Again, I apologized and said I was looking for the Black/Yellow series.
End.
I have just offered to pay for his relisting. (To do right - at least.)
It was up to you to verify such an arcane detail before buying. You made a deal and renigged. Paying for his relisting is appropriate, but what if he lost a very profitable sale to someone else? Be interesting to see how he rates you as a buyer; I'd give you a low grade.
DWPC,His listing started 9/19/02 and ends 9/26/02. He couldn't have lost a profitable sale because I was the only bidder - eh, actually, buyer. His description of the merchandise didn't state whether they were Black/Silver or Black/Yellow pressings - only UK pressing marks and serial numbers.
I should have asked before buying: My first mistake on my very first trip with my first purchase that probably will be my last!
Yea I know how it is. I continually run into buyers who are confused and don't really have much of a clue - I'm sure the majority of sellers are happy when buyers like you decide that eBay is too complicated and decide to pack it in. The writting is on the wall and I think you have made the right decision. Way to go!
Give me rhythm or give me death!
Maybe packing it in is the way to go.Where else will you find a place where "A Hard Day's Night" (UA) going for $1,000.00?
Probably bidded by the seller himself, eh?
Probably was using a ringer for that one. You've got to be careful on what you bid on - I once bid and won an auction for a Japanese LP for $212.00. I knew it was too high but I wanted to finish off a set and I hadn't seen this particular disk on eBay before. Almost immediately after the auction I realized the item was lacking the OBI which made it practically worthless - man I was pissed but I sucked it up and sent the cash off. I recently won an auction for this record with OBI for $35 on eBay. Life really sucks at least in your case you can resell the set for what you paid - in my case without the OBI the record is probably not worth much at all - especially considering I just bought one with an obi for $35. Live and learn!
Give me rhythm or give me death!
If he just described the records as "The Beatles Collection," with no other details and you didn't ask him for the details, I don't see how you can complain if it's not the version of "The Beatles Collection" that you wanted.That specification wasn't expressed by either of you as part of your original deal.
Kinda like if I said I had fresh Virginia apples for sale at 30 cents a pound, plus shipping.
You ordered 5 lbs of apples and sent me the money. I sent you the apples.
When they arrive you see that they are Golden Delicious apples; and you wanted red delicious apples. If you didn't ask for red delicious apples and I didn't say I was selling red delicious apples, that's not part of our deal. I've kept my bargain, and it would be a breach of your obligation to not pay for or not accept the apples.
Hi Darryl;
I understand your frustration, but it's YOUR responsibility to do your homework and ask questions BEFORE you bid or use the "buy it now" function. You entered into a contract, and your obligation is to pay and complete the transaction.
This happened to me once as a seller. At the time I wasn't strapped for cash, so I allowed the "buyer" to back out of the deal as long as he paid my ebay and paypal listing fees which all totaled came to about $11.00. You might try that approach.
Good luck, Walt
The alternate thing to do is to offer the seller the listing fee the seller paid ebay for listing the item.
eBay will do this if the transaction is voided. The seller simply has to request it from eBay.
As a frequent eBay buyer and seller, I side with the seller.Once you "Buy It Now", it's yours. Buyer's remorse is not an excuse to get out of the deal. Do the right thing, send the money. You made a deal, stick to it. Just turn around and sell it to someone else on eBay and next time you'll remember to think hard and do your research BEFORE you bid or buy.
Even if it's not what I was looking for? You see, the merchandise's specification wasn't specific enough - that's why I canceled.It was an honest situation; there was no malice.
So as a buyer, what are my rights?
George
Look- YOU MADE A MISTAKE- NOW ACCEPT THE CONSEQUENCES LIKE AN ADULT !!!
In most US states there are consumer protection laws which allow a period of time that merchandise/orders can be returned/cancelled. Not sure how this applies to your situation or how various consumer laws laws apply since Ebay, the seller and the buyer probably live in different locations.
You can back out of the deal. It's that simple. The buyer can get his eBay fees (insertion fee and commission, reserve fee if applicable) refunded from eBay, and he can give you negative feedback should he choose to do so. That's about the extent of it.But, as Darryl said, look, think, and ask questions BEFORE you buy, not afterward. I've sold about two hundred items on eBay and it's a lot of work. While I understand your predicament, you need to understand that the seller will have to go to a fair amount of effort to get his fees refunded, and then to relist the item. eBay's not a simple brick and mortar store where all the cashier has to do is ring the item back into the computer system.
I also agree with Darryl's suggestion on another point, that's you simply getting the item and turfing it out again. It's much simpler for the seller, will avoid you getting negative feedback, and the only thing you'll be out is shipping.
its the responsibility of the buyer to decide if the item is "a good deal." You should have exchanged email before bidding or using the "buy it now" feature. Granted this allows someone to swoop in and "buy it now" before you, but those are the breaks. (I'm speaking from a buyer perspective. I buy more then I sell over the internet.) eBay has enough deadbeat buyers. Just buy the item, and re-auction it or sell it on audiogon. Hopefully you can break even minus the shipping costs, or perhaps turn enough of a profit to cover all of your shipping costs. That would be the proper thing to do. Obviously what you decide to do is up to you.
Without seeing the auction and fullying understanding the specifics, it's tough to guess. I suppose iy depends on how germane the unspecified specifics are to the item. If you bought a 'Civil War Sword' and the seller forgot to specify that it was a reproduction, then you have a material fact that is misrepresented.In any case, I doubt that you have any real rights unless the item is misrepresented, but you can always just not pay and risk a negative feedback to which you can respond with your side.
I agree with Darryl, you bought it. You have rights as a buyer if the item is misrepresented. Vague is not misrepresentation. You should have written the seller and asked questions. FYI, your rights are here: http://www.law.cornell.edu/ucc/2/overview.html
> > the merchandise's specification wasn't specific enoughEbay's "How to bid" directions are pretty clear:
3. Know the details - read the
item description and payment &
shipping terms closely.4.If you have questions - contact
the seller before you bid.Basically, it's your responsibility
to get the specifics before you bid.
æ
I am sure you meant no mailice, but eBay's rules are pretty clear. You do your research and question-asking BEFORE you bid, not AFTER. If the item "wasn't what you were looking for" then you should have determined that BEFORE bidding. If the information was not specific enough, you should have asked the seller for more information so that you can bid intelligently.I'm sorry, I sympathize with you but I still believe you are morally obligated to complete the purchase.
As for your legal rights, I'm not a lawyer and I don't know how much eBay can really force buyers to pay. Sellers can file a "non-paying bidder alert" (these are so common they are simply called NPB by most sellers who trade stories about the people who win their actions and don't pay) and get their auction fees back, and they can give you negative feedback and possibly suspend your account, but you can probably still get out of your obligation.
NT
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sony -> kora -> yba -> meadowlark | Ho-jo-to-ho! Ho-jo-to-ho! Heiaha! Heiaha!
nt
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