[Closed] eBay sellers - have you ever backed out of a sale?

Can Dgudge post the sellers ebay username so we can add him to our "ignore" lists please.

Seems a fair request. I note the op has gone "missing in action" since the buyer turned up.

psychle
people on here gave you loads of advise about selling them, including worldwide and inparticular targeting the USA market. You chose not to do that, were too stupid to work it out or couldn't be bothered investigating the ways of selling it properly on worldwide/USA ebays. So you sold it to the UK market only and just put a bit of blurb in the text about being willing to post abroad and therefore got the appropriate price IMO. You've already traded on ebay 26 times buying and selling, so you must be reasonably familiar with it and assuming you're not an idiot, I wonder if this was about you not being prepared to pay the extra ebay fees involved in setting a reserve, setting a min starting price, selling the item worldwide etc.

..and now you're in a pickle.

It's pretty easy to find the seller name. You just have to search under completed listings.

Here you go Jujuuk68 the complete listing below.

Can Dgudge post the sellers ebay username so we can add him to our "ignore" lists please.

Just search ebay for sram 9.0sl in the completed listings.

or look [url= http://www.singletrackworld.com/forum/topic/ebay-selling-questions-tips-advice-please ]Here[/url]

Love it!

"Bidding has ended for this item. [url= http://cgi.ebay.co.uk/My-Little-Pony-Birthday-pony-10th-anniversary-pony-RARE_W0QQitemZ300453954473QQcategoryZ375QQcmdZViewItemQQ_trksidZp4340.m263QQ_trkparmsZalgo%3DDLSL%252BSIC%26its%3DI%26itu%3DUCI%252BIA%252BUA%252BIEW%252BFICS%252BUFI%26otn%3D8%26pmod%3D300450865059%252B300450865059%26po%3D%26ps%3D63%26clkid%3D6411905711818474419 ]You may also like:[/url]

[img] [/img] "

😆

Oh FFS... what a pallava eh? Not going to go into any of this, suffice to say that I made a mistake, shall learn from it I guess! 😆

Have sent the buyer an invoice for payment, £129 inc £40 for DHL Europlus insured to £200... he'll have them next week, fingers crossed they're going to a good home... if I see them on eBay or elsewhere for a tidy profit, I may just hop a flight to Sweden! He has a rather lovely Litespeed Machete, so I'm hoping they end up on there, would suit it well!

Now, I'm off to turture some kittens, mug some old ladies and plan my evil takeover of the world... 'cause I'm a bad ass motherfoocker, don't you know?! 😈

Well done.

£40 shipping?! 😯

Are you sending them by Unicorn Express?!! Well done for manning TF up I suppose...

Thats better 🙂

£40 shipping?!

Are you sending them by Unicorn Express?!! Well done for manning TF up I suppose...

check out Parcel2go for a quote from UK to Sweden... you think I'd take the piss on this now?! 😆 £26.60 + £7.50 for insurance + 17.5% VAT = £40...

insured to £200

Because that's what they're [u][i]worth[/i][/u] DAMMIT. 🙂

indeed 🙂

Peer pressure and the threat of legal action rather than conscience seems to have been the guiding factor in your decision

Peer pressure rather than conscience seems to have been the guiding factor in your decision

hardly... look back at the original post I made, I was just asking a ****ing question, hadn't made any sort of decision... my 'conscience' has been bothering me on this, I won't deny it, but my head has also been bothering me re. the money (I personally think) I'm losing...

anyway, I said I'm not going to argue or try do 'defend myself' about this, and I'm not going to... you think what you want, good luck and best wishes to you all! 🙂

Well at least your man enought to admit you made a mistake. 🙂

but my head has also been bothering me re. the money (I personally think) I'm losing.

But that is ebay, were you bothered when you got those bars at half price?

Ah yes, the old conscience versus money dilema - always tricky for those with very little conscience.

But that is ebay, were you bothered when you got those bars at half price?

They were used/second hand, so 50% was about right wouldn't you say?

Ah yes, the old conscience versus money dilema - always tricky for those with very little conscience.

Whatever... and everyone on here is as pure as the driven snow, right? What is it they say about glass houses and all that? Or 'he without any sin?' 🙄 😆

Ah the old relativism defence - always the justification of those who know they're in the wrong.

I love the way you still can't actually bring yourself to simply admit your mistake without trying to justify it.

We all know it, you know it, but you still can't actually bring yourself to say it can you?

Que? Are you reading anything in my posts, or just sprouting from the hip?

Not going to go into any of this, suffice to say that I made a mistake, shall learn from it I guess!

Clear enough for you?? I made a mistake, sorry 'bout that... I am repentant, I will say 100 Hail Mary's and flagellate myself for 2 whole hours (actually, that might be fun...) I'll wear a hair shirt whilst riding for the next month, I'll even abstain from sex and self pleasuring as well... anything else you'd like? Maybe a full page ad in the Sunday Times would placate 'Outraged of STW?' 🙄 😆

this is possibly the most horrendous thing I've heard since Mrs Miggins at number 14 found a milk carton in her neighbour's recycling that hadn't been rinsed out properly
shame on you

LMAO @ user-removed 🙂

Que? Are you reading anything in my posts, or just sprouting from the hip?

Yes I am reading your posts. I was just pointing out, as you obviously can't see it, that you still SEEM unrepentant.

You just apologised again, but then you devalued your apology with the Hail Mary stuff. Which is no apology at all.

The next move by the way is for you to transfer all of your rage at being "swindled out of your rightful £200" onto me for pointing out that you're still (in your head) not actually facing up to your responsibilities.

Go ahead. It won't help you though.

£40 dhl is intruiging top say the least: in a few years of hefty ebaying (mostly records and cds) I have only [i]needed[/i] to spend that sort of money posting really large packages: in europe particularly Airmail and airsure services are ace and way cheaper.

dgudge, not sure how well you know the postal service over here, but if you are in Sweden, psychle [i]could[/i] forget DHL at £40 and instead post the shifters to you by Royal Mail airsure which is fully tracked both in UK and Sweden, signed for and insured for up to £500 for about £12 (plus or minus £1 or so depending on the weight of the package) and it will take 3-5 working days to get to you.

Psychle, I know you are entitled to specify the shipping method if you hadn't already done so in the listing, but you will pay a few quid extra in paypal fees from the mahoosive postage (paypal is chargeable to the whole transaction not just the ebay sale) and lose even more money (to paypal) through this transaction than you feel you already have. You can do all this in 3 minutes over the counter of any post office. (don't forget to tell them the value of the package which add a further £2.50 to the postage price)

Hopefully this should help both of you out. 🙂

thanks for the top tip... when sending something, I always go with DHL or Parcelforce as they will collect from my work, saves me having to line up in the stupidly long queues at my local post office! dgudge, if you're not happy with the postage, let me know, we'll see what we can work out...

ahhh, share the love....

look back at the original post I made, I was just asking a ****ing question, hadn't made any sort of decision... my 'conscience' has been bothering me on this

What're the repercussions if I just tell the buyer that it's no longer for sale? I'll get a negative feedback I know, but is there anything else (legal challenges or something stupid like that perhaps?)

the money (I personally think) I'm losing...

If when you've sold lots of bits on ebay you get back more than you paid for the bike will you be going back to who you bought it off to give them a share?

Quote and contradict me if you like, but this is my take on the whole tawdry episode

You got a bike cheap with lots of retro parts and saw a killing to be made

Joined Retrobike as many do to get a valuation and then advertise your auction too.

Saw that something similar had sold for a fair sum and rubbed your hands together

Obviously the auction didn't quite go according to plan,probably a fair few watchers so left it running just to see if it got a last minute rush

Dissappointment now sets in at the potential loss of all that new wealth and possibly your valuation skills

Try to garner support here for a less than honourable action and that also goes awry

I state again due to peer pressure and the threat of legal action you reluctantly honour the sale, but still feel aggrieved

You now try to justify your actions and despite knowing that you have acted improperly try to shift attention by trying to claim you have been bullied

To surmise, you have shit out and that's just the way it goes sometimes especially with these so called retro goodies.

I always go with DHL or Parcelforce as they will collect from my work, saves me having to line up in the stupidly long queues at my local post office!

Or to put it another way, "F*ck it. It's someone else's money I'm spending so why should I bother doing what most reasonable people would do"

oh FFS!

it does do my head in how people still apply the fluffy, pink cardy, one for all and all for one, bikers help each other out, ethos to ebay?

if this had been a forum thing then you could apply your fluffy misty eyed moral rules, but the minute this went on ebay then it became a business transaction.

the seller has to pay fees regardless, it is his item to dispose of as he wishes even after the auction ends, and even if the buyer pays (which he hadnt at the time of the screenshot and angstily worded entry) he can still refund the payment and keep it.

how many times have you bought something and paid for it from a bike shop then had them pull out and advise that it is no longer in stock at that price, but is available in a weeks time for more?

why didnt the buyer use retrobike and buy the item from the seller?

because he wanted to try and get it cheaper.

it was silly not to put a reserve, and really silly not to make it an international sale as this would be your main customer area (europe and the states).

But it is just bits for bikes people, not organs for children.

Tim, maybe you can give us your ebay identity so we can all add you to our don't buy filters too?

timdrayton0

or just check out my profile history

how many times have you bought something and paid for it from a bike shop then had them pull out and advise that it is no longer in stock at that price, but is available in a weeks time for more?

never

why didnt the buyer use retrobike and buy the item from the seller?

Because it wasn't actually for sale on there, just a link to the Ebay auction

Awsome pwnage / bustedness on this thread.

I may have to start a "busted" thread of the week thread. Or perhaps decade.

cynic-al

Dont you mean busted of the Millennium.

I guess ever.

This has been my favourite thread for some time, OP decides a ton is enough to '**** this up and mess some guy around'

it's not like I set up to **** this up and mess the guy around

that shit looks like a golfer

if this had been a forum thing then you could apply your fluffy misty eyed moral rules, but the minute this went on ebay then it became a business transaction.

The point you seem to be missing is that when an auction finishes there is a contract between the buyer and seller - the seller isn't allowed to pull out at that point. The only reason people do that on ebay and not in real shops is because they (think they) can get away with it. The seller pulling out at that point is specifically against ebay rules.

that shit looks like a golfer

Likewise. I guess we would score the same on a Rorschach test.

Nope you are wrong the seller has the right to cancel the sale until the item is received by the buyer.

Which is why the item is still the responsibilty of the seller whilst it is in transit, until it hits the mat of the buyer it is the property of the seller.

And his to do with as he sees fit, cancel auction or not.

As has already been stated the buyer enters a contract by buying the seller does not.

tim - I don't think you are right - the whole point of a contract is its binding on both sides. On an auction both sides are bound once the deal is made

Tj, you're wrong. the deal is only completed when the recipient receives the goods. intention to trade means nothing. and there was i thinking you knew about consumer law

Tj

I could be wrong mate my undrestanding of it was that it was yours till the buyer receives it.

Receipt (signing for of the parcel) being the transfer of ownership bit.

Like any shop a seller can pull out of a sale if they want to, ebay might talk the talk in their t+cs but they cant enforce them.

Otberwise what happwns if your garage burns down before you post said bike bit, or it gets lost in the post.

It is fair to say i wasnt applauding the whole business just mocking the usual stw over the top reaction.

Btw psycle has bought bits off me, and been a generally nice chap, it is fair to say he has never eaten any of my children*

*of which i am aware

thanks Tim.

An Australian Court has held that ebay consitutes a contractual offer rather than an invitation to treat so my guess would be that it is a contractual offer in the UK too.

EDIT: which means I agree with TJ.

An Australian Court has held that ebay consitutes a contractual offer rather than an invitation to treat so my guess would be that it is a contractual offer in the UK too.

Is that a legally informed guess?

What do they call a court with kangaroos in it again?

No legal training but know enough that Australian law is based on English law (it was a colony) so the position is likely to be similar subject to different ebay terms and conditions etc in the two countries.

mefty - Member
No legal training but know enough that Australian law is based on English law (it was a colony) so the position is likely to be similar subject to different ebay terms and conditions etc in the two countries.

Are you making this up? Our law is based on Norman law, but I think in the intervening years things change a bit.

Aside from the whole action of the OP, if you buy something from a shop and they're out of stock, they will automatically cancel your order after a set period of waiting and if they have taken your money, refund you. I can't imagine ebay is any different. If someone buys something off you out of the local paper, then when they come round to collect it you can't find it, they can't take you to court over it.

steve - I thought it was a binding contract once agreed as its an auction. However I wasn't sure hence the " I think"

Is an auction not different to a shop transaction? Its not an offer to treat but a binding contract once agreed?

Interestng stuff. So an ebay deal is binding on the buyer but not on the seller? sounds odd.

Just spoke to Mrs TJ who is the (legal)brains of this outfit.

She says its either binding on both sides or none.

Its an invitation to treat when offered for auction, the buyer offers to buy it. Once the sellor has accepted this its a binding contract. The sellor has agreed to sell to the highest bidder at the end of teh auction.

So the sellor can withdraw up to the end of the auction even if bids are made but once the auction is completed there is a binding contract made.

Howwever - this is internet expertry and old knowledge.

Just spoke to Mrs TJ who is the (legal)brains of this outfit.

She says its either binding on both sides or none.

Can she cook and clean as well?

Like any shop a seller can pull out of a sale if they want to

It is fair to say i wasnt applauding the whole business just mocking the usual stw over the top reaction.

if you buy something from a shop and they're out of stock, they will automatically cancel your order after a set period of waiting and if they have taken your money, refund you. I can't imagine ebay is any different.

Actually on the last point, you have to remember that for something rare and "collectable" like this, it's only worth what people will pay. I'd suggest that whilst it might have been worth £200 at some previous point in time right now it's worth £90.

Higgo - Member

"Just spoke to Mrs TJ who is the (legal)brains of this outfit.

She says its either binding on both sides or none."

Can she cook and clean as well?

Nope = thats my role 🙁

Here is a link to a report of the case ([url= http://www.minterellison.com/public/connect/Internet/Home/Legal+Insights/Newsletters/Previous+Newsletters/A-B-Online+auctions+and+Smythe+v+Thomas ]link[/url]).

I think this was decided on the basis of the law of equity and you can look this up in Wiki but the following quote illustrates that the general principals were established they apply to most common law jurisdictions.

As with the geographical transmission of any cultural artifact, direct English influence over equity weakened with time and distance. However, the widespread import of printed opinions provided a corrective force, however long delayed. As the colonies gained political independence, each of their legal systems began drifting from the original in an irreversible departure from the English way of making laws and deciding cases. Nonetheless, each former colony acknowledged the reception of the common law and equity of England as a vital source of their jurisprudence.
The comparative question is an easy one to pose. Did English equity develop maturity early enough that all of its derivative systems necessarily tended toward the same doctrines because based on exactly the same set of general principles? Or did the split-offs of any of the colonies occur somewhere in the middle of its development so that substantial permanent differences resulted? One equity? or many?
The answer generally accepted in America, the earliest of the English colonies to gain independence, is the former, that the outcome of a case to be decided today upon principles of equity should be expected to be substantially the same whether decided in the UK or the US. The reasonableness of the belief enjoys strong historical support.

It is worth noting that Australia only created it own supreme court rather than using the UK privy council in 1986. So I don't think my assumption is that unreasonable though hopefully a lawyer will come along to correct me or not.

A shop can't if they have stock and money has changed hands - likewise with an ebayer and an ended auction.

If money had changed hands, which it hadn't... and still hasn't at this point...

I suppose psychle could have claimed to have lost it or that his garage burnt down, which would doubtless be taken as reasonable excuses

Indeed... maybe I should've just lied eh? 😆

I don't even play a lawyer on TV, so my opinion on this is worth exactly what you paid for it, but I'll give it anyway - Mrs TJ has that spot on, that is exactly my understanding of the situation. Anybody who thinks differently is making the erroneous assumption that ebay exists outside of normal contract law (and I'd be extremely surprised if any of the people taking that line have any more legal training than I do).

"A shop can't if they have stock and money has changed hands - likewise with an ebayer and an ended auction."
If money had changed hands, which it hadn't... and still hasn't at this point...

Indeed... maybe I should've just lied eh?

Do you want a bigger spade?

nope...

P - aren't you Australian?

psychle - Member
bite me

I'll just go and see if I can find that spade for you.

Yep, I am... British to though, dual citizenship (amazing who the UK government will let in eh? even morally bankrupt eBay scammers like me... the Daily Mail should do something about it really!)

aracer - Member

psychle - Member
bite me

I'll just go and see if I can find that spade for you.

😆 😆 😆 😆 😆 😆

Wow, good work Clouseau! 🙂

Not quite quick enough on the edit 😉

OK, my understanding on this is

any price is called an "invite to buy", even if advertised a shop does not have to sell at this price, however once payment has been recieved the contract them becomes binding.

aracer - Member
go to hell you eBay scamming douche bag!

How dare you say that to me! I shall be reporting you to the mods immediately, expect a banning post haste you cad!
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😉

😆

aracer - Member

The money changing hands bit only applies to a shop, as that's the first point at which both sides have agreed to something. An auction (in real life or on ebay) is different - contract is formed when auction ends

ok assuming that what everyone has said is correct regarding the differences between sales and auction outcomes is correct.

you are forgetting that this is not a house, or a car, but in fact a small piece of a bicycle.

all this flannel is irrelevant tbh, how many "you didnt sell me that saddle like you said you would" ebay court cases have you heard about?

any? er no

ebay can impose whatever t+cs they like, but they cannot and will not enforce them.

the albeit bitter truth is that the buyer could possibly take the seller to the UK small claims court, but if he wins, (and i would be amazed) he would incur costs that would be prohibitive to his initiating his claim in the first place.

"i lost the shifters"

"er ok case dismissed"

bonk goes the gavell

ebay can impose whatever t+cs they like, but they cannot and will not enforce them.

the buyer could possibly take the seller to the UK small claims court, but if he wins, (and i would be amazed) he would incur costs that would be prohibitive to his initiating his claim in the first place.

"i lost the shifters"

"but the nasty man said he didnt want to sell them any more, and and it might have been him in the internet as well..."

Bonk goes the gavell......

Please educate me as to the costs of the small claims court from sweden?

Losing them wouldn't be an acceptable excuse before a court, the claimant could source equivalent components from elsewhere and claim the difference between what he paid for the "new" ones and what he would have paid had the seller not breached the contract.

EDIT: Costs are generally awarded against the person who breaches.

"but the nasty man said he didnt want to sell them any more, and and it might have been him in the internet as well..."

Please educate me as to the costs of the small claims court from sweden?

So how many ebay based small claims cases have their been for small bits of bicycles then?

362 at the last count.

*Strokes chin

Chinny reckon?