posted on April 22, 2002 12:40:33 PM new
I hope so I can report this guy! I had a widget, with a BIN. It gets a BIN, and the buyer contacts me 24 hours later, and this is his email...
"Hello, this is XXXX XXXXXX and there has been a big mistake
that I really don't know how exactly it happened. I clicked on
the buy it now icon to check and see what the price would be and
it went ahead and completed the transaction. I really wasn't
trying to buy at this particular time, but just checking prices.
I went ahead an emailed ebaywhat has happened here so they would
know also. I hate mistakes and am truly sorry if this inconvienced
you in any way. I order different things from ebay periodically
and just haven't run up on this particular problem before. Once
again I'm very sorry for what has happened here.
sincerely
XXX XXXXXX"
Now I could have been naive and bought this guys story, but nope, been there, heard it all. I checked what he bought recently, and guess what, he bought the same thing off another seller for 5 dollars less, 10 hours later, than mine! Now I am out listing fee, and maybe even FVF since ebays doesnt like me filing one against a zero newbie!
Now isnt this against some TOS? buying up the same item and only paying for the cheaper one? Please let me know if anyone knows.
posted on April 22, 2002 12:57:03 PM newI clicked on the buy it now icon to check and see what the price would be and it went ahead and completed the transaction.
Darn, don't you just hate when that happens?
You can file for fees on 0 feedback bidders and put them on your block bidder list. He may get a warning and if he keeps doing it, eventually he may get booted.
I've been chasing a couple of deadbeats this morning and they all have stories also and now one is NARU. Bottom line, it's our time wasted plus some money.
posted on April 22, 2002 01:55:12 PM new
Damn - all of a sudden my hand went in my pocket and found my wallet and it pulled out some money and laid it on the counter and I really just wanted to see what the price would be but my hand went ahead and completed the transaction and I really wasn't trying to buy at this particular time, but just checking prices...
posted on April 22, 2002 02:23:50 PM new
Every auction on which anyone submits a bid has the following information right under the entry field:
"Your bid is a contract - Place a bid only if you're serious about buying the item. If you are the winning bidder, you will enter into a legally binding contract to purchase the item from the seller."
Quote that back at them, and ask when you can expect to receive payment.
Wait 7 days, and file the NPB alert; they'll get a copy. Wait another 10 days and finish the NPB. After you get your refund, neg the guy.
posted on April 22, 2002 02:30:04 PM new
The BIN price is right next to that button, they couldn't have missed it. Even if they did, the next page is a review of what they are paying. The guy is obviously lying.
posted on April 22, 2002 02:50:23 PM new
It must be one of those days. I just received a buyer's question in which he asked what the total was for BIN. He didn't hit any buttons, just wanted to know. All the info is right there in the auction listing.
Regarding the bid being a "legally binding contract"- says who ? eBay? What is or is not a legally binding contract is a legal conclusion, and the only legal conclusions that have any authority come from people wearing robes and carring small hammers, and set in their own little booth above everyone else, and have people with guns that will enforce those conclusions. As far as I know, no court of authority has offered any guidance about what is or is not a legally binding contract for an online auction, and it may vary by jurisdiction.
Just the fact that a seller can cancel the auction or any and all bids is reason enough to doubt whether a "legally binding" anything has taken place when someone places a bid.
posted on April 22, 2002 03:09:53 PM new
An agreement is a binding contract unless the buyer is not fit to enter an agreement. There's little else to consider from a legal standpoint except sometimes the wording of the terms can invalidate the contract, or the item is illegal.
Ebay does not have to go to the courts to enforce a legally binding contract, they can axe a buyer at anytime because ebay is a private company and can set its own rules.
posted on April 22, 2002 03:16:02 PM new
The best thing to do is be honest with the guy. Tell him in order for you to get your FVF's back, that you will have to file NPB, FVF and neg him. And tell him it is per EBAY's rules. Also tell him that you don't like to do it, but it is the only way you can recoupe the money you are out. I have done this a handful of times only to have the person turn around and complete the transaction. Only once did the person not complete the transaction so I did follow through with the steps and no retaliation came of it.
Good luck,
bp
posted on April 22, 2002 03:44:19 PM new
eBay won't do anything about it. File a non paying bidder notice after 7 days, and file for your FVF 10 days after that. Expect a negative if you leave one for this yahoo.
posted on April 22, 2002 03:53:39 PM new
You don't nead to wait 7 day's
Just go to the NPB click on both agreed to cancell and get your credit instantly.
posted on April 22, 2002 04:11:27 PM new
Well, since this guy bought another widget at a lesser price after he purchased yours, I'd say he wasn't being truthful.
However, I think checkout and/or shopping carts may be part of the problem in some cases. People want to know the total due including shipping/taxes (if applicable) and if they are used to shopping on a site that has a shopping cart they can see all that before actually buying.
If they are new to eBay but have been using Yahoo stores or other websites with shopping cart, this may be why they could go ahead and hit that button...looking for the total due.
Perhaps some of these buyers think that hitting the BIN button will give them the tax/shipping added to the BIN price for a total due.
I have noticed lots of folks still ask what the total is even though my auctions state the shipping cost in the ad and unless they live in my state, no sales tax. All they would have to do is add the numbers up for a total, but they will email me instead or perhaps just to verify that their math is correct and there is no misunderstanding. Who knows.
posted on April 22, 2002 05:03:33 PM new
I had this happen in my AW store. Some stupid idiot wanted to see how a storefront worked and he hit the button. He didn't even have the courtesy to email me first and say he was sorry. I sat and wrote my WBN, the works. He then writes back stating just seeing how the store front works. I then proceeded to write a very nasty email back to him stating that when he hit that button that a transaction had been complete and now I was out the funds. He wrote back he wasn't interest in the item. I again wrote back, not nicely, stating everything. I never heard from him. AW doesn't refund so I was out. I then never used my storefront again. I only use it for the gallery.
posted on April 22, 2002 05:34:02 PM newJust go to the NPB click on both agreed to cancell and get your credit instantly.
But if you do this, it doesn't do anything to the jerk of a bidder who screwed this seller over. eBay just sends their auto email saying "Do nothing, and enjoy your time on eBay."
I'm sure they will "enjoy their time", as they bid on tons of stuff, and then pick the best price (again and again)....
posted on April 22, 2002 07:36:05 PM new
Quickdraw I wish that it were as simple as - "An agreement is a binding contract unless the buyer is not fit to enter an agreement."
There are more elements to a contract than an "agreement" and "being fit". There are many "agreements" that are not contracts.
To name a few contract elements - consideration, offer, acceptance, mutual assent, when and how parties are/become bound, illusory, Parol evidence rule, indefinteness, express conditions, implied conditions, Statute of Frauds, promissory estopel.
Contracts is a year long course at Law School. I am sure many a law student wished it were as simple as you stated.
eBay axing a buyer is not enforcement of a "contract", but only a punitive measure of their TOS.
Under analysis, an online bid MAY be considered an offer, but there is nothing certain after the act of bidding about its acceptance other than an email from the buyer implying acceptance after the auction close.
But these things will be fleshed out in the courts once there is some big money involved in an online transaction and it goes bad.
posted on April 23, 2002 03:04:51 AM new
Well, I was about to go with barparts advice, but this yahoo emailed me again! mThis is what he says now...
-------------
Hello! Just a followup on the email I sent you on the messup.
If you would when you get a chance please send me a response to
let me know you received the emails I've sent. I try really hard
to treat everyone with the courtsey I like to receive myself.
I really am sorry for the messup and still don't understand why
it done what it did. I am sorry for any inconvience it may have
caused you. Hope to order something from you in the future though
as I order off and on all the time.
------------------------
Hmm, courtesy? Like it would be nice if this yahoo refunds my FVf and listing fees?(:
posted on April 23, 2002 07:22:32 AM new
He is being soooo polite and apologetic, I think I would be tempted to send this person one of my "special" honey dripping emails that says as sweetly as possible:
I just noticed you purchased another item just like mine through the BIN feature. You poor thing you, getting two just alike and within hours of each other. Maybe eBay can help you figure out how this BIN glitch happened. On the bright side you did get that other one cheaper!
Since I am out listing fees and the fee charged for the final value, I will have to go through the steps to have them refunded by eBay. If you would prefer to just pay those fees for me we can just cancel this transaction.
Let me know what you want to do and again I am so sorry you had problems with the BIN feature!
Thanks!
Your Typical eBay Seller (who just got shafted)
posted on April 23, 2002 07:28:30 AM new
I side with barparts ont this. Here is a sample e-mail I sent (I cut out the parts that didn't apply to your situation):
"Thank you for your e-mail.
..............Let me explain why I filed a NPB so you understand it was not done with
malice or revenge:
Ebay collects a percentage of each sale I make (Final Value Fee) before I receive any payment. They will not refund the amount I paid them for an unpaid auction unless I file a Non-Paying Bidder form. I only file a NPB after I .......have waited the required time by eBay. Then I file for a refund of my Final Value Fee. If I don't do this, I will lose the money I prepaid for the listing/relisting fees + eBay's cut.
I wish you success in your future deals on eBay."
--------------------
Actually I borrowed most of this from other AW'ers who had good results with this.
By his last e-mail to you, he is throwing the ball in your court. He wants your word (through e-mail) as a type of agreement to annul the deal. Throw the ball back in his court by letting him know you are out $$. He probably has no idea. He probably thinks that since no $$ changed hands that no one is out anything. All he is worried about at this point is getting a neg (which is why he wants an e-mail acknowledgement from you).
No one knows your situation as well as you, so make the decision that works for you. Good luck.
posted on April 23, 2002 09:06:21 AM new
On the lighter side, you could e-mail back:
"Hello, this is XXXX XXXXXX and there has been a big mistake
that I really don't know how exactly it happened. I clicked on the NPB icon to check and see what would it would do, and it went ahead and submitted the form. I really wasn't trying to file a NPB at this particular time, but just checking how it is done.
I went ahead and emailed ebay what has happened here so they would know also. I hate mistakes and am truly sorry if this inconvienced you in any way. I sell different things from ebay periodically
and just haven't run up on this particular problem before. Once again I'm very sorry for what has happened here.
sincerely
XXX XXXXXX"
lurking is not an option
posted on April 23, 2002 09:16:17 AM new
The guy screwed you. Why sugar-coat your response? Tell him unless he pays up, he'll get a warning from eBay and negative feedback. Then do it. So you're out a couple of bucks - so what? That's the cost of doing business on eBay.
posted on April 23, 2002 09:17:46 AM new
By the way, this is the just the kind of busy-fingered bidder who comes back six months later wanting to pay for the item, after they get booted by eBay.
posted on April 23, 2002 09:34:26 AM new
Tell them how it is they purchased it from you seen it for 5 bucks cheaper later.
Thats not your fault pay up or tell him he will be neg'd and NPB.
posted on April 23, 2002 10:05:54 AM new
What about something like this...
I am sorry to hear that you experienced a glitch while "checking prices" on eBay. If you have not already written to eBay at [email protected], please do so at this time. Ask them to verify that it was, in fact, a glitch that ended my auction with you as the winning bidder. When eBay responds to your email, please forward it to me at you@youremailaddress.
eBay will reply to you within the next 2 or 3 days. If I do not receive a copy of the response sent to you from eBay within a 7 day period, I will file a Non-Paying Bidder Alert and eventually request a credit for the Final Value Fee which could possibly lead to your suspension. For more information on eBay's Non-Paying Bidder Program visit http://pages.ebay.com/help/community/npb.html.
posted on April 23, 2002 02:19:52 PM new
I like bananaspider's letter very muc, but I already emailed this yahoo a letter that was a combo of alwaysbroke and barparts advice,as I asked him either I file a NPB and a FVF, or he sends me a payment for the FVF and listing fee. By the way, havent heard back from this apologetic yahoo, so if he doesnt email me back soon, I will use bananaspiders letter, which hits the nail right on the head!(:
posted on April 23, 2002 07:49:56 PM new
Speaking of "yahoo," I heard an interesting story on the news. The guy that sings "yahoooo" for the commercials was paid a little over $500 to sing it one time. He didn't know it was going to be used thousands of times for so many different ads and is suing Yahoo.
posted on April 23, 2002 07:55:50 PM new
I know you can get a refund on your final value fee but you never see your listing fee again - so each deadbeat costs you $. Im a little fuzzy on the relist mechanics....
Ok4
posted on April 23, 2002 08:07:06 PM new
If you relist and the item sells, eBay credits the listing fee to your account. You'll know it because it shows up on your statement. I love seeing those little credits.
lurking is not an option
posted on April 27, 2002 07:52:44 AM newIf you relist and the item sells, eBay credits the listing fee to your account. You'll know it because it shows up on your statement.
