Ebay feedback system

[DCM]

seems like I got that can of worms out of the cupboard again.

As a buyer, my part is to promptly pay for the item from an account with funds, once I have done so, the seller should be happy with that and leave the correct feedback, I will also leave feedback once I have received the item, and depending on how the seller has been, time in posting, quality of goods etc, will be reflected in the feedback left against them.

As a seller, you must list the item acurately, be accurate in your shipping costs and reasonably with your postage times. So if I buy an item on a Tuesday, and paid for special delivery, I would expect them item on a Wednesday, latest Thursday. If the buyer tells me they only post every other day, then I accept tht, confirm the day of posting etc etc.

What has happened on my part was the correct usage of the feedback system on my part and incorrect on the sellers part.

I don't have problem with not having instant feedback as a buyer, but when the seller uses the system to leverage a buyer to withdraw the negative feedback by doing so themselves is just so wrong, and might s well not even bother with it at all.

[racingdwarf]

I agree feed back should be left for the buyer once they have paid for the item and the money has arrived in the sellers account. There part of the transaction is done! I think half the time with the big seller it's blackmail....If you don't leave me good feedback I won't leave you good feedback.

How many times have you paid £5 for p&p and found the item thrown in a envalope or jiffy bag if your lucky then shoved in the 2nd class post at a cost of £1.50. BUT if you were to dare leave bad feedback !!

[Stu]

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.

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.

[gramey]

My 100% feedback took a knock when I purchased an item with buy it now and paid within 5 minutes. When the item hadn't arrived after a week I contacted the seller who stated they didn't actually have the item in stock and were awaiting delivery from the states.
On subsequent contact I was given three different delivery dates and it finally arrived on the 4th date given, some weeks after I paid for it. I left negative feedback to the effect that they had sold an item they did not have in their possession and taken weeks to deliver it, guess what, yep they retaliated with negative feedback!
Anyone buying something off me will see is that I had a negative feedback with no explaination as to why as it's over 90 days old. I was aware from the sellers attitude that they probably would leave negative feedback in retaliation but I believe in being honest so went ahead and left mine anyway.

[DCM]

and by the retaliation, it makes the feedback system pointles.

[losidan]

it is a shame that ebay has become what it has to me. It is full of scammers and people who think they can use it to make a fortune. Freecycle has become the same too as far as I am concerned.

As you say the feedback system is pointless as it stands currently for fear or retaliatory negative feedback. i've had loads of bad experiences with ebay as both a buyer and seller and rarely use it all these days.

it is a shame really as the pillocks and idiots ruin it for the genuine users.

[sosidge]

Originally Posted by Stu

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 quite 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.

The learned gentleman may wish to ameliorate his clear knowledge of contract law with the additional requirements of the Sale of Goods Act.

[Col]

Originally Posted by sosidge

... ameliorate ...

?????

[sosidge]

Originally Posted by Col

?????

It's one of them fancy long words wot lawyers done use.

[Col]

but I still don't know what it means!!

[Stu]

Originally Posted by sosidge

The learned gentleman may wish to ameliorate his clear knowledge of contract law with the additional requirements of the Sale of Goods Act.

How does the Sale of Goods act deal with sales that are not made in person, but are for items that are sold without being seen - such as Ebay.

My understanding is that the item or service is accepted from it's description, if the delivered item then differs from that, it is a breach of contract.

Is this too general?

[sosidge]

You should take a look at the distance selling regulations within the sale of goods act. They basically give the buyer a 7-day window to change their mind about the transaction and return for a full refund.

Anyway, I don't really want to go to in depth on this. I don't agree with your feedback idea as I think it is contrary to common sense and equity within the contract, and I would rather just leave it at that.

[Northy]

That's you teld Stu!

TTFN for now.

G

[Stu]

Looks like that dunnit.

Good job I'm only an engineer, and not a lawer, I don't think I'd do very well.

[Stu]

So the the purchase is not fully complete until after the 7-days has elapsed?

Originally Posted by sosidge

............ I don't agree with your feedback idea as I think it is contrary to common sense and equity within the contract, and I would rather just leave it at that........

I understand you point about the equity.

I suppose it comes down to whether or not feedback is part of the contract.

The original post was about the Ebay system in general, and when who should do what, rather than when the transaction is complete in a legal sense.

Sorry about the wording of the post above, is was meant to be general, not condescending.

[Lee]

Stu,

you should be a lawyer you could baffle them with bullshit and make a fortune

[racingdwarf]

Originally Posted by Lee

Stu,

you should be a lawyer you could baffle them with bullshit and make a fortune

I thought that is what lawyer do............and then charge a mint


I just got a solicitors bill for 6 minutes correspondence (talking) £16.50!!!!


Back on the ebay thing, I bought a stopwatch from a uk seller with a uk paypal account ....8-9 days later it came post mark from Kwait uk seller means nothing

[DCM]

UK seller means diddly, it is where they advertise that the item is.... if it says Item Location, UK, and it comes from another country, then the accuracy of the listing is poor.

[Hog]

Originally Posted by sosidge

ameliorate

Wasn't she the first woman to fly solo across the Atlantic?

[Stu]

Originally Posted by Lee

Stu,

you should be a lawyer you could baffle them with bullshit and make a fortune

No way man - you don't think I really know all that crazy stuff do ya?
No one who knows stuff like that still lives in Burnley for gods-sake.
I was surprised when it was rumbled - , it sounded like good shit to me.