I wrote a very long & NASTY email...and SAVED it...Took ole CHUNK-BUTT for a long walk...By the time we came home, she sent the SWEET email & we KISSED & MADE UP!
posted on January 14, 2008 06:43:40 PM
Tom, as I recall, the seller does have the option to cancel a sale, if the buyer specifies terms which were not in the item dscription.
These would be paying by PayPal when payment terms stated money order only, buying from outer Slobovia, when shipping terms state U.S.A. only.
Where does this policy exist on ebay? I'm not sure. However, I do recall it being a reason for asking to receive credit for FVFs.
In the future, just be a bit more informative in your TOS.
posted on January 14, 2008 07:08:33 PM
Fluffy, Surely an eBay transaction has two parts. The seller has obligations but so does the buyer. Demanding a shipping option that is not specified in the auction is not fulfilling the buyers side of the transaction.
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“The illiterate of the future will be the person ignorant of the use of the camera as well as of the pen.”
Maholy-Nagy, Vision in Motion, 1947
posted on January 14, 2008 10:52:55 PM
"Tom, as I recall, the seller does have the option to cancel a sale, if the buyer specifies terms which were not in the item dscription."
There really is no way to "cancel" a completed sale, unless the listing is determined null and void and is pulled and goes missing altogether or the bidder or seller is removed from ebay altogether thus eliminating one half of the equation.
"Buyers who fail to respond or who back out of a transaction do not fall under the Unwelcome Buying policy. These listings should be reported as Unpaid Items."
The seller can report the buyer as unwelcome if the buyer decides to bi#@% and whine after the fact. This may result in a naru. May. That's about as close to a cancelation as you can get.
Here's the kicker, the buyer can still report the seller as non-performing if they are not kicked off eBay as a result of the unwelcome bidder report.
posted on January 14, 2008 11:32:09 PM
"There really is no way to "cancel" a completed sale, unless the listing is determined null and void and is pulled ..."
I disagree. Ebay policy is quite clear about Tom not completing the sale. All quoted material is from ebay policy.
"While using the Sites, you will not: ... fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity; ..." The buyer failed to meet the posted terms.
And, "[w]hen a seller lists an item on eBay, and a buyer bids for and wins that item, the seller and buyer have entered into a contract that both members are expected to honor." In Tom's instance, the buyer altered the terms of the contract. There is no contract. Tom does not have to perform.
Further, "[h]onoring the original terms by accepting payment for an item at the end of a successful sale." The original and only term relating to shipping was 1st Class Mail. That was the original term which Tom was required to honor.
It would have been much clearer to all involved, if he had simply stated, " I only ship by USPS First Class Mail ... "
Of course the buyer can still leave feedback. However, Tom was entirely within his rights to "cancel" the sale.
posted on January 15, 2008 01:22:33 AM
Or Tom could have ignored her email, shipped USPS first class, as stated in his auction, and let the chips fly as they may.
