Home  >  Community  >  The eBay Outlook  >  Am I wrong for sticking to my own TOS?


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 hwahwahwahwa
 
posted on September 14, 2001 11:11:59 AM
roofguy,
if money is burning a hole in your pocket,why not send it to the victims of world trade centre bombings,there are some orphans and widows who could use your kindness>
seller is a veteran seller he/she knows how to fend for herself,buyer needs chalk it up to experience and move on,move on to best buy,circuit city,compusa etc

 
 revvassago
 
posted on September 14, 2001 07:00:01 PM
[ edited by revvassago on Sep 15, 2001 10:19 AM ]
 
 hwahwahwahwa
 
posted on September 14, 2001 07:14:50 PM
dont hold your breath for ebay to do something for him emailing your bidders,i have a ebay bookseller who participates on aw board and bidded with multiple ids on my items.
she not only left me 2 negative feedbacks but also ran thru my feedback file of over 3000,emailed every one who left me negative and neutral feedback,plus high bidders of all ongoing auctions.
i sent ebay her email to me,her email to my bidder and asked ebay to take action ,they said they did,but she is still selling on ebay.
anyone who is so vicious to go thru 3000 plus feedbacks for 2.00 dollars is very sick.


 
 roofguy
 
posted on September 14, 2001 07:33:51 PM
Even if I were to send a refund, I am sure the bidder would find something else to complain about (like I didn't reimburse for them returning item).

I increase my offer to $125, and propose to invite the buyer to agree, in this forum, to accept that as payment in full.

 
 soldat2
 
posted on September 14, 2001 07:58:01 PM
>Even if I were to send a refund, I am sure the bidder would find something else to complain about<

In reality, don't you kind of expect those problems considering the type of items that you list? (returned/damaged articles)

Looking through your current auctions, many of the high bidders have low feedback ratings, some with as many as 5 negatives in the last month! Some have not made a purchase in the last several months also.

The average feedback rating on your items is only 16. I have noticed that certain items that we have listed result in the same 'problems' from time to time. We are now dealing in better items and our current average feedback rating is just over 195!


>his eBay account is NARU (which I am still waiting for eBay to do<

Don't hold your breath on that being done.(take for example the bidders feedback on your Infiniti speakers!)




Ouch!!!!!!!

 
 KAYSAPPHIRE
 
posted on September 15, 2001 12:33:35 AM
You should give them a full refund, as it sounds like the damage was obvious and sounds like you deceived them by leaving it out of your description. No matter what your TOS says.
It is sellers like you that give rest of us honest sellers a bad name.
The only thing the buyer did that he shouldn't have done, was bid on your item.
It is obvious you have no intention of refunding their money. That is your decision. I hope with your attitude, buyers learn to not bid on your items.


 
 toteullenebay
 
posted on September 15, 2001 01:44:04 AM
I simply can't believe that this has dragged on so long. The buyer should have had a refund by now as well as an apology.

I am a both a buyer and a seller and there is no doubt in my mind what should be done.

Some sellers blame everyone and everything for their failure in business; for the apparant lack of bids, for the receipt of low bids and for the rubbish they try to inflict upon the unsuspecting bidder.

They are never wrong and even if they were, there is no way they will admit it.

I sincerely hope for receive a negative for this and that the puyer will point to this thread to illustrate your apparent stubborn attitude on this.

Surely you must realize that this will cost you sales. End it quickly and learn a valuable lesson for the future.
 
 doormat
 
posted on September 15, 2001 03:02:12 AM
We are in a public trading forum. You can make up your TOS until you are blue in the face, and they do not mean anything if they conflict with eBay's terms or possibly even State laws governing the sale of such items, although I'm not real sure how that works.

Think about it. How fair would it be to allow any seller the right to dictate whatever they want in a sales transaction without allowing the buyer the rights both parties agreed to when entering this forum? It is ridiculous for you to assume you can do that.

Buyers should spend more time reading eBay's user agreement than searching around for your TOS so they can defend themselves in situations like this without wasting their time educating you.



 
 BJGrolle
 
posted on September 15, 2001 04:49:26 AM
It would be nice if TOS could be black and white, but sometimes there are shades of gray, just like in any situation in life, and you have to be willing to bend a little. If not, then the consequences might not be pleasant, as your bidder is proving.

BTW, I do not condone this bidder's subsequent actions. But myself, I would have refunded or made sure that the speakers were insured and offered to walk the bidder through the claims process.


http://bjgrolle.freehomepage.com
 
 revvassago
 
posted on September 15, 2001 07:03:28 AM
[ edited by revvassago on Sep 15, 2001 10:20 AM ]
 
 toteullenebay
 
posted on September 15, 2001 07:16:54 AM
"The TOS were listed in the auction, and by bidding on the
item, the buyer agreed to those TOS."

How's this for TOS: "... and if you don't pay up in five minutes after auction close I will bust your knee-caps" ... and if I did that, would the cops let me go because it's in my TOS?

TOS doesn't legalize it. But you think it does!
 
 KAYSAPPHIRE
 
posted on September 15, 2001 07:30:42 AM
revassagov.......IN YOUR OWN WORDS YOU STATE: I will acknowledge that it is completely possible that I missed this damage, but that doesn't change the fact that all the items are sold AS IS.
If the customer continually points out that the damage couldn't possibly of been missed and you always dance around that issue (to your TOS & not the product damage) then I tend to believe the customer. IN MY OPINION: YOUR TERMS STINK.....I am surprised anyone buys from you.
Sellers like you have not always issued a refund when misrepresented or you would have already issued a refund.
Sellers like you describe items til you are blue in the face: I doubt that because if you would have then they wouldn't have bought them and you wouldn't be saying now in your words: I will acknowledge that it is completely possible that I missed this damage, but that doesn't change the fact that all the items are sold AS IS. DAAAAAAAHHHHHHH!!!
I still say if you were an honest seller: you would have refunded his money long ago. Read the comments here, are you blind. You are in the minority!
 
 hwahwahwahwa
 
posted on September 15, 2001 07:40:31 AM
a possible scenario is that like seller said it is a switch-a-roo deal-buyer has speakers which have holes and render the stereo non functional.
so he decided to come looking for replacement on ebay and found them.
he wants to pay as little as possible,typical ebay mentality so he claims the new ones have holes.
by doing so,he gets to dispose of his old speakers and get free replacement.this is a ploy which cannot be done at any brick and mortar shop.

 
 revvassago
 
posted on September 15, 2001 08:35:15 AM
[ edited by revvassago on Sep 15, 2001 10:20 AM ]
 
 roofguy
 
posted on September 15, 2001 08:50:31 AM
revvassago, you have struck upon a business plan which is spreading pain and hostility.

I beg of you, please reconsider.

 
 revvassago
 
posted on September 15, 2001 09:20:16 AM
[ edited by revvassago on Sep 15, 2001 10:20 AM ]
 
 doormat
 
posted on September 15, 2001 09:20:57 AM
eBay's User Agreement...

"6.2 Restrictions:
Your Information (or any items listed):

(a) shall not be false, inaccurate or
misleading;

(d) shall not violate any law, statute, ordinance or regulation
(including, but not limited to, those governing export control, consumer protection, unfair
competition, antidiscrimination or false advertising);"


YES, you are wrong for sticking to your own TOS.

 
 roofguy
 
posted on September 15, 2001 09:22:02 AM
And what exactly about my business plan is "spreading pain and hostility"?

Your refusal to accept returns.

 
 revvassago
 
posted on September 15, 2001 09:51:18 AM
[ edited by revvassago on Sep 15, 2001 10:21 AM ]
 
 roofguy
 
posted on September 15, 2001 09:58:54 AM
I, however, do not accept returns when I am confident that the damage being described was not there when I sent it.

This is what is spreading pain and hostility.

Again, I beg of you, please reconsider.

 
 KAYSAPPHIRE
 
posted on September 15, 2001 10:08:15 AM
WAKE UP..........................

Y0UR LITTLE CRISIS IS NOT EVEN COMPARIBLE TO THE CRISIS THIS NATION HAS SUFFERED. YOU ARE SICKENING TO USE THOSE STATEMENTS IN YOUR COMMENTS AS COMPARATIVES. WHERE IS YOUR HEART....ON SECOND THOUGHT FORGET IT ....I FORGOT YOU DON'T HAVE ONE.....
I AM NOT RETURNING TO THIS THREAD AND HOPE EVERYONE ELSE LEAVES IT TOO.......

 
 revvassago
 
posted on September 15, 2001 10:28:48 AM
Forget I even asked. It is apparent that I am a "heartless shady seller who is out to screw all their customers, and just happens to have a 99.2% positive feedback rating"

I didn't compare the tragedy in the US to anything. I simply asked a question.

But that doesn't matter anymore.

Goodbye Auctionwatch. I enjoyed my 2 years here.


 
 joice
 
posted on September 15, 2001 10:31:56 AM
Locked at the request of the originator.


Joice
[email protected]
 
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