Zewelj
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posted on March 1, 2001 01:00:13 PM new
e-mailer offered to buy something from me at a great price ( better then I think I will get from the auction)..she didn't want to bid. I explained to her that ebay has rules that I follow... encouraged her to register and bid...... she wrote back again..... I told her no.... now I would like some feedback from all the "pros" here on the is situation.
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unknown
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posted on March 1, 2001 01:15:04 PM new
Your being silly.
Sell it to her.
Remember Ebay is not GOD.
Outside of Ebay their rules are illegal.
You have the right of free speech, and no-one can infrige on that (this includes email)
Also Ebay is not permitted to interfer with free trade.
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bkmunroe
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posted on March 1, 2001 01:23:40 PM new
It is against Ebay's rules whether you like it or not and you agreed to those rules. Of course, there's not much chance of getting caught. But more importantly, I think every time someone made me an offer like that and I refused it, it ended up selling for more than the person offered me. So, I'd refuse the offer and let the auction continue.
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unknown
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posted on March 1, 2001 01:35:48 PM new
It isn't agains Ebays rules to sell it to her.
Perhpas it was against ebays rules for her to use Ebay contact info to contact you but that is all.
Remember you rights and the laws of the nation supescede ebay's rules.
Free trade
Free Speech
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mrpotatoheadd
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posted on March 1, 2001 01:38:12 PM new
What has free speech got to do with it?
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dottie
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posted on March 1, 2001 01:40:18 PM new
I think if the offer was more than I would have expected to get for the item on auction... I would have SOLD the item to the person making the offer.
Nothin' wrong with a seller actually SELLING stuff without volunteering to pay listing fees and final value fees UN-necessarily!
(I didn't feel that way before eBay forced it's hand with the roll out of the anti-spam eMail forwarding "tool" But as the marketplace changes... so should we as sellers re-evaluate and use our resources!
NOW... A legitimate offer = SOLD!
- Least, that's what I think. *smile*
Dottie 
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njrazd
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posted on March 1, 2001 01:41:42 PM new
Zewelj...you can shut down an auction for any reason at any time. Just remember that you do not have any fraud protection through eBay if you sell without them. (Not that that means all that much sometimes!)
There have been many stories on AW about sellers getting contacted with an offer and the item actually ending up going for lots more than the offer. It's entirely up to you though. Just make sure you get payment via money order or hold their check until it clears.
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unknown
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posted on March 1, 2001 01:46:33 PM new
mrpotatoheadd: Free speach includes the right to communicate via EMail freely. EBay has NO AUTHORITY to restict this in any way. And in fact thier attemps to do so are illegal.
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mrpotatoheadd
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posted on March 1, 2001 02:00:37 PM new
Free speach includes the right to communicate via EMail freely.
What kind of law are you basing this conclusion on?
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unknown
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posted on March 1, 2001 02:44:57 PM new
mrpotatoheadd
The bill of rigths!
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mrpotatoheadd
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posted on March 1, 2001 02:48:55 PM new
You mean this?
First Amendment to the U.S. Constitution:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
A quick reading will reveal that the entity which is not allowed to restrict free speech (by way of enacting laws) is the U.S. Congress. There is no similar restriction stated regarding eBay.
Do you have any other laws supporting your conclusion?
edited to add...
Try going down to Walmart and standing in the middle of the store shouting "Walmart sucks! C'mon everybody- let's go to Target!" and see how far your right to free speech extends.
[ edited by mrpotatoheadd on Mar 1, 2001 02:51 PM ]
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unknown
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posted on March 1, 2001 02:56:00 PM new
So according to you, if EBay insosts that we all wear purple cloths theat would be OK?
Walmart can ask you to leave thier store if they want.
But if you say it inside Target, Walmat cannot prohibit you from saying that.
Ebay can restict commincation within thier relm ONLY. I assumed that these email exchanges are not going via EBay new email system. As long as they are being transmitted via another sytem ie. AOL or Yahoo or whatever Email service is being used, Ebay has no authority to control that.
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capotasto
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posted on March 1, 2001 03:02:23 PM new
"Perhpas it was against ebays rules for her to use Ebay contact info to contact you but that is all. "
What crap...
Ebay has now made it impossible to contact a seller EXCEPT through their site.
Ebay cannot restrict what a seller does with his item, it is "just a venue". A seller has the right to close his auciton without explanation at any time, and to sell his personal property to whomever he wants.
If ebay said "you agree to pay us a FVF if you list with us, whether or not you sell through our venue" that would be one thing, but they REFUSE to accept payment except through an auction sale. Very weird, very ignorant, very arrogant.
Vinnie
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mrpotatoheadd
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posted on March 1, 2001 03:04:11 PM new
Ebay can restict commincation within thier relm ONLY.
How else can you contact another user now except by using eBay's website?
If you are using their website for any reason, you'll most likely be expected to adhere to their policies. They are free to make it as easy or difficult for users to contact each other as they please.
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tapatti
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posted on March 1, 2001 03:08:09 PM new
I use an email address as an Ebay seller ID.
Am I supposed to change it?
I haven't been told anything by Ebay.
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unknown
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posted on March 1, 2001 04:04:57 PM new
mrpotatoheadd
That is exactly my point.
The initial contact was the would be buyer sending an Email to the seller. This is the only violation, and the person sending the email is in violation of ebay's rules. After that communication is done via regular email. Therefore the seller is in the clear.
Many of us now post our Email addresses in our listings. Exactly for this type of purpose. I don't get these types of requests very often but I do get emails requesting things similar to items I have listed.
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taz8057
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posted on March 1, 2001 05:22:13 PM new
Hi,
I have many sells via email because many bidders don't want to bid on ebay for my products. If they want to do that, then sell to them. You are in business to make money not please ebay.
-Trey
***********************************
"If your mind can concieve it, and you believe it, then you probably can achieve it."
http://www.CondomDeals.com
***********************************
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dottie
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posted on March 1, 2001 06:25:36 PM new
Trey: I agree with you 100%
Let eBay worry about eBay's bottom line (that's their JOB!!)...
Sellers should SELL!
- Dottie
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gravid
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posted on March 1, 2001 06:41:43 PM new
I will not end an auction to sell off site, but any communication about OTHER items - similar/identical or unrelated is my business
with my customer. I did not give eBay an agency relationship to own a percentage of all my business even if it was facilitated by someone becoming aware of me through their site. That is not just a venue. You can not have immunity from liability and agency. They will have to give up one to get the other. If their lawyers think that will fly they will be corrected by the courts. A really orney judge might leave them hanging with neither if they push it.
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unknown
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posted on March 1, 2001 07:24:12 PM new
Go gravid!
Like your attitude.
I don't ever cancel auctions but I can make/or get another one.
Ebay is in a desperate attempt to contsantly raise revenue by whatever means. They see Ebay side business as a good way to do that. I preditict that in the not to distant future Ebay will initiate a mechanism so that no direct communication bewtween the parties is permitted.
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