posted on April 1, 2001 11:50:37 AM new
I was the winning bidder ($80) for a "vintage" computer on ebay recently. The seller e-mailed me and asked for my address so that he could figure the shipping charge. I e-mailed it to him and he then told me that the shipping charge would be $30, and asked if I could pay by PayPal. (NOTE: He did not send me his mailing address, and it was not stated anywhere in the auction). $30 sounded a bit high, but I sent him my payment by PayPal anyway. Two days later, I was outside doing some yardwork, and a man carrying a box came up my driveway and asked if my name was XXXXXX. I said yes, and he said "great, I'm glad I caught you, here's the computer you bought from me on ebay." I said "ohhhh..........thanks........but, I thought you would ship it since you told me that the shipping charge was $30." He said "Well, I tried to pack it, but then I thought it would be easier if I just brought it over myself. I live over in XXXXX" (only about 5 miles away). I said "OK, so does this mean that I get some of the $30 back? He said "no, because you agreed to the shipping charge." I said, "Well, because I assumed you would ship it! If I had known you lived in XXXXX, I would have come over and picked it up myself and saved myself $30." He said "I'm sorry, but you agreed to the shipping charge, and a deal is a deal", and walked to his van. I gave him a few choice words, but he didn't respond.
posted on April 1, 2001 12:15:50 PM new
What a snake! He is definitely in the wrong in more ways than one. He should have told you he was coming to your house, how creepy. And just to be nice and ethical, he definitely should have refunded some of the money. I don't know if technically he owes you anything, but ethically he does. Smells real fishy, that $30 could have been fabricated. This guy's got plenty of bad karma coming his way!
posted on April 1, 2001 12:16:58 PM new
The seller was in the wrong. Shows a real lack of class and ethics. Unfortunately there's not much you can do about it except mention it in your FB.
posted on April 1, 2001 12:25:08 PM new
It was your mistake to not ask about shipping charges and methods before you paid. Too many times we "assume" that things will be done a certain way that we expect them to be done and they aren't.
It was his mistake to take it upon himself to just come over to your house without even notifying you. Also very, very rude of him.
I tend to side with you on this one because of the way the seller handled it. He is a snake. But always remember to ask before you pay.
posted on April 1, 2001 12:56:19 PM new
All you holier-than-thou posters who believe the seller is wrong....HOW IS HE WRONG. And before you spout off, I want the laws, the commercial code sections and the legal statutes...your personal feelings do not mean squat and won't even get you a cup of coffee in a business. The seller asked for the address, quoted the shipping charges and delivered, period, end of discussion, performance executed for the quoted price.
Yes, it was unethical, slick and he is a poor sellerand should be avoided at all costs, but he wasn't wrong. The sooner all you buyers realized this, you will be well on your way to asking the right questions and avoiding these problem sellers.
posted on April 1, 2001 01:32:24 PM new
I feel that it is still a breach of contract because the buyer was given the "offer" and "accepted" the "offer" under the pretense that the would be shipped by commercial carrier. When a shipper other than a commercial carrier was used that is where the breach occured. I am pretty sure that a commercial carrier would have been used if the item was going further away.
I had one guy that I bought 2 network cards from for $2.52 (&free shipping) ship the items next day FEDEX instead of USPS or even personal delivery. The seller lived within 5 miles and 15 minutes away. He shipped next day even with a personal check.
Another auction I met the seller at a public library and made the exchange in cash.
I would think that the buyer could take the seller to small claims court under a breach of contract.
I don't know all the facts and as a result my legal opinion is limited as a result.
[ edited by mikeselis on Apr 1, 2001 01:34 PM ]
posted on April 1, 2001 01:33:10 PM new
Definitions of WRONG.
1. Not in accordance with what is morally right or good.
2. Deviating from truth or fact.
3. Not correct in action, judgement, or opinion.
4. Not proper or usual
5. Out of order
6. not suitable or appropriate.
7. something improper or not in accordance with morality, goodness or truth.
8. An injustice
9. An invasion of another's rights
10. In an unright manner
11. to pursue and immoral course
This seller was WRONG and so are you Mark090 for calling these posters names. No need for that on these boards.
posted on April 1, 2001 01:42:52 PM new
Ummm... didn't he have his state and town in the boxes at the top of the auction?
Or did he get clever like some auctioneers and put crap up there (which should have raised a flag with you)?
posted on April 1, 2001 01:50:27 PM new
Some sellers do not want folks showing up at their home. So you might not have had the option of picking it up. I still think that $30 is too much for a short delivery. If this really bothers you, you might want to contact him and let him know that you feel you were taken and if he doesn't want to work it out, you want him to pick up the item and refund the money. If he gives you a hard time, remind him that you paid with paypal and he is unable to prove delivery. That leaves him wide open to a fraud complaint. I think a refund of $10 is worth it to avoid the possible aggravation.
posted on April 1, 2001 02:07:46 PM new
OK guys, I don't want this to get too out of hand, so...
APRIL FOOL!!!
I completely made that story up.
With the almost constant talk here about high shipping/handling charges, I thought I'd try and come up with the most outrageous shipping charge story that I could (without it being TOO obvious that it was made up). But, I guess it wasn't outrageous enough since some of you sided with the seller!
posted on April 1, 2001 03:20:09 PM new
Hey, gboy, did you decide to fill in for jerry12? I wonder what happened to him? I always looked forward to his insane auction scenarios because they livened things up a bit.
posted on April 1, 2001 08:33:51 PM new
Love this thread! Do you think the seller took a tax deduction for the mileage on his van? Whoops, I forgot this story was made up.
