bthurman
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posted on April 16, 2001 08:01:25 AM new
I purchased an item on 3/21/01. Two days went by after the close of the auction and I had not heard from the seller. I spent the next 2 days emailing, with no reply.
I finally got his contact info from ebay and called him at home. He apologized and told me that his health lately had not been real good. We discussed the auction and I told him I just wanted to be sure there was not a problem. He assured me there was not and the following day I received and email requesting payment. This was fine but the shipping charge was $20.00(just shipping, not handling). This is for a video card for a computer. I realize I should have asked before bidding, but I was just sucked in because the auction ad said "Buyer pays negligible shipping, insurance extra."
Normal shipping and handling on an item of this type is $5 to $10.
I sent payment by check. The check was dated March 27th. I sent an email to seller requesting notification of shipment. He responed. My check cleared the bank on April 4th. I emailed seller today and asked about status of product.
He responded by email that he was having trouble with his supplier and if he does not have the product in a week he will refund my money. NOW I AM REALLY STEAMED!!!!!
Is it not the basis of an auction to have the product you are auctioning? Does ebay have any rules regarding this practice?
I am just beginning to sell products myself on ebay and that is why I joined this forum. Any helpful advice would be appreciated.
Bob Thurman
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mrpotatoheadd
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posted on April 16, 2001 08:05:06 AM new
eBay allows you to sell items not in your possession at the time of listing, but that fact is supposed to be made known in the item description.
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unknown
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posted on April 16, 2001 08:09:55 AM new
Whats the big deal. As long as he sends your money back, why is that a problem.
It's called JIT
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uaru
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posted on April 16, 2001 08:18:35 AM new
Whats the big deal. As long as he sends your money back, why is that a problem.
While it might not be a crisis I'd be irked. Thinking I've bid on an item in stock and finding out after I've sent payment that it isn't available is a waste of my time.
If it was an item that I really needed then it might be a crisis.
Wouldn't this be a case of a NJIT operation?
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unknown
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posted on April 16, 2001 08:20:34 AM new
Yes in this case it is clearly NJIT. But with all JIT plans there are hiccups.
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luvmy2bears
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posted on April 16, 2001 08:42:06 AM new
Dumb question:
What is NJIT & JIT?
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mrpotatoheadd
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posted on April 16, 2001 08:49:34 AM new
JIT = Just In Time
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mikeselis
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posted on April 16, 2001 11:00:21 AM new
JIT is ethical with auctions only if you know that the item will be there by the auction close date or a week thereafter. To ethically be able to do this, the item must have already been ordered and paid for from their supplier. It should be already in shipping or the auction seller should have a contract that confirms that they will have the items within a week of auction close.
Personally, I would think that it would be hard to sell an item that you don't already have because you want to make sure that you don't sell 100 items and your supplier can only provide you with 80 items. This would mean that you could not be able to fulfill 20 orders. That can result in 20 negs...
For items that are in the preorder stage it makes it more difficult because the seller cannot be sure that they can get their allotment.
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Linda_K
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posted on April 16, 2001 11:27:54 AM new
Hello Bob - You have every right to be upset at not being made aware this item was not available when your auction closed. Sellers are required to list in their description *if* the item is not in their hands.
Please use the URL below to read ebays rules on pre-sales.
http://pages.ebay.com/help/community/png-presale.html
This is what is says: (bolding is mine)
Pre-Sale Listings
Pre-sale Listings are those that advertise the sale of items that are not in the control or possession of the seller at the time of the listing. These listings generally consist of items that are sold in advance of a delivery date to the general public.
eBay does permit pre-sales on a limited basis, as long as the seller guarantees that the item will be available for shipping by the 30th day from the closing date of the listing. You may not list an item where you cannot ensure that the item will be available for shipping by the 30th day after the listing ends
A seller who lists a "pre-sale" item on eBay must clearly indicate within the listing the fact that the item is a pre-sale item and a delivery date that indicates the item will be shipped by the 30th day from the end date of the listing Additionally, this text must be HTML font size 3 (at a minimum.)
eBay will end any listing that is a pre-sale, which does not include this information
Such a policy ensures that bidders can pay for an item and still have the option to use eBay's feedback system, insurance program and other protections.
Please click here to view the FTC's Mail or Telephone Order Merchandise Rule.
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escandyo
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posted on April 17, 2001 03:48:20 PM new
Drop shipping is a fact of life. Alot of the sellers on Ebay participate in this...if you had saw half the catalogs I have, you'd know it.
Anyway, you think Ebay will hold the big boys feet to the fire over this (FAIR MARKET)? Not hardly.
Just happened to be, this guy had a problem this time. I worked for one of the largest drop ship facilities in the south, and merchandise being out of stock is one of those facts of life... whether you're Nabisco, Alloy or John Q. Public...even when it shows in stock in the computer, go find it!
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skip555
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posted on April 17, 2001 04:32:33 PM new
when I first started on ebay I used to sell that way. I would always order the item once I received the bid and that was before the days of paypal billpoint ect so there was some float time between auction end and my receiveing payment.
I always had item in time to ship customer was never inconveinced
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gs4
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posted on April 17, 2001 04:39:33 PM new
BOB
Linda k is right. If he does pre sales, it must be stated up front. His supply problems are not your concern.
The point that most people seem to miss is the fact that he lied to you more than once. That is one thing that i can not abide or forgive. No excuse for that.
If you can get your money back, great. I would not want to deal with this kind of person. Best of luck.
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horizonod
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posted on April 17, 2001 04:51:28 PM new
There are DOZENS of thing buyers expect from Ebay sellers that ARE NOT true of standard auctions. Why do buyers always want it both ways? They want to buy at flea market prices then want guarantees,return policies and all manner of other perks normally only found in REATAIL STORES that sell at RETAIL PRICES.
Pick one or the other. In an auction you get what you get be it poor packaging, extended shipping times, lack of immediate response and so on. As long as the item was not misrepresented you bid, you win, you get what you bought.
I'm tired of the double standard. If you want fast friendly service then go to Macys. If you want to take your chances on getting a deal on something then get over it if it doesn't get delivered in 30 minutes or less. That only works with pizzas.
Has anyone ever ordered something from a HUGE nationwide catalog retailer and had the item backordered even though they paid FULL RETAIL for it? Ever heard or read the phrase "allow 4 to 6 weeks for delivery"?
Ebay is an AUCTION. By the very nature of auctions you'll get every type of seller you can imagine like it or lump it.
*********************************
The statement below is true.
The statement above is false.
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Linda_K
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posted on April 17, 2001 04:59:40 PM new
escandyo - While you may choose not to abide by ebays rules I don't think it's right to be encouraging other sellers who do not know this is against those rules to do so. They will be the ones who suffer the consequences, not you.
if you saw half the catalogs I have, you'd know it And I'm sure you're already aware that by selling via your catalogs that is also in violation of ebays rules.
From ebay on:
Catalog Sales
Listings of catalogs from which buyers may order further items directly are prohibited.
The seller will usually offer the catalog for low bid prices and complete offline sales for items found in the catalog, which subsequently circumvents our fees. Old, collectible catalogs (i.e., those that you cannot order from any longer) are permissible.
So, do as you wish, please just don't give unknowing users the impression that pre-sales are allowed when they're not.
http://pages.ebay.com/help/community/png-catcurrent.html
Edited to add: UNLESS that fact is made known to potential bidders in the auction description.
[ edited by Linda_K on Apr 17, 2001 05:02 PM ]
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ecom
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posted on April 17, 2001 05:11:07 PM new
First, count to 10 and see if he delivers. If not:
1. Get your money back.
2. Report to eBay that the seller won't sell you the item which is a violation of the user agreement and will result in him being warned or suspended.
3. Neg him severely for the deception.
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gs4
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posted on April 17, 2001 05:37:48 PM new
HORIZONOD
While i can agree with what you say, the point here is that the seller did not state that this was a pre sale.
While i do not care how people wish to sell their stuff, they should be up front about it. Then at least everyone knows where they stand.
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sparkz
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posted on April 17, 2001 06:23:42 PM new
As far as I'm concerned, there's no difference between a seller who sells merchandise that's not in his possession, and a buyer who writes a check to pay for it when there's no money in the account. They deserve each other.
The light at the end of the tunnel will turn out to be an oncoming train.
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Microbes
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posted on April 17, 2001 07:04:33 PM new
>Rules on selling items you don\'t have!!
Gee... Ebay sells "10 day auctions" but they never have 10 days with out down time 
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escandyo
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posted on April 17, 2001 07:46:35 PM new
Linda K, first of all, I don't know who you are...I really don't care.
"if you saw half the catalogs I have, you'd know it---- And I'm sure you're already aware that by selling via your catalogs that is also in violation of ebays rules."
For your information, I do not sell anything from catalogs. THANK YOU.
As I stated earlier, I know the merchandise which is sold via many of these catalogs, and it IS sold on Ebay on a regular basis, by many power sellers in fact. You don't seriously expect me or anyone else to believe these guys have 200 dragons, 100 eagles, and 300 pair of horse head bookends sitting around the house, do you?????
"The seller will usually offer the catalog for low bid prices and complete offline sales for items found in the catalog, which subsequently circumvents our fees. Old, collectible catalogs (i.e., those that you cannot order from any longer) are permissible."
You could enlighten me on one thing...Just when did Ebay and Auctionwatch start holding hands? "Our fees?"
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KevinSanders
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posted on April 17, 2001 09:06:25 PM new
Linda and escandyo...Thank you both for enlightening us...Linda for the rules and escandyo for the mentioning of the catalogs...it really is funny seeing the same stuff out of those books listed on the auctions.
Just my 2 cents for what it's worth...The e-bay rule Linda mentions is this Catalog Sales
Listings of catalogs from which buyers may order further items directly are prohibited. The seller will usually offer the catalog for low bid prices and complete offline sales for items found in the catalog, which subsequently circumvents our fees. Old, collectible catalogs (i.e., those that you cannot order from any longer) are permissible.
I interpret that as listing the catalog itself for bid so that the buyer may purchase items from. I really don't think that is to exclude a seller from selling ANY item from that catalog.
BTW...any one need a horse head bookend? I have 99 left!
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mballai
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posted on April 17, 2001 09:14:43 PM new
A paid for item needs to be delivered within 30 days. There are federal laws regarding this. That's close to eBay's terms. It is dishonest not to disclose the fact that the seller cannot ship within a short period after payment.
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