Quote:
Originally Posted by sosidge
Your assertion that the transaction is complete when the buyer has made a payment is wrong.
The transaction is only complete when the buyer has ACCEPTED the goods. That is, once they have received them and are happy with them.
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Consumer law, as part of more general contract law, is quite clear on this. I've put the legal terms in italics.
1. An item or service is offered for sale, the law refers to this as an
invitation to treat.
2. An
offer is made.
3. An
acceptance of the offer is made.
4. The 'buyer' completes their part of the
contract (in most cases by paying for the item) as their part of the
consideration. At this point there is
transfer of ownership.
5. The 'seller' must then supply the goods as their part of the
consideration.
The law is clear that if the promise to supply the goods has been made by the seller then it is their duty, as part of the contract, to do so. It is not the duty of the buyer to receive the item, the seller must supply.
What all this essentially boils down to in Ebay terms is this.
The buyer 'ACCEPTS' the goods by bidding on them, not by receiving them.
All contracts, no matter what they are for, follow this basic form.
Sorry if this is a bit long winded, I've tried to make it a simple as possible.