UK: Winning bid on Ebay; What are my legal rights?
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UK: Winning bid on Ebay; What are my legal rights?
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I won't go into specifics, however, I had the winning bid on an item on Ebay at the minimum price. Now the owner is refusing to sell me the item. Simply saying " I cannot sell now". I am extremely annoyed at this is there any legal redress I can take. Thank you very much for your help.
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chris.green66
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Your best solution is to go into the Conflict Resolution Procedure which can be called up on any help page on eBay.
eBay require you to do this first before they are prepared to kick a seller.
Incidentally, it is not enough to simply downcheck a seller or to raise a complaint, you must provide full item numbers and any tracking numbers so that a full investigation can be carried out.
Also, please be aware that under UK and European law the seller can withdraw an item for sale after there has been a winning bid, for instance if he is selling something and the police turn up and tell him it is stolen, then it cannot be sold to a winning bidder; another example is where an item has been damaged before shipping; also, an item which, by accident, has been advertised in a misleading way can be removed from sale.
Those are the main ones but there are quite a few others, also if you a dealing within the UK, please be aware that a seller can refuse to sell an item to you and they do not have to give you a reason.
Further, if there is a minimum price to be reached before sale, for instance in the case where an eBay seller is selling an item for a 3rd party, even if no minimum price has been figured into the eBay selling forms, the 3rd party can refuse to pass the item to the seller and thus the sale is prevented.
For general interest only, though I am not saying that this is the case in this instance - but you have not gone into any details and this is something that newbies to eBay should take note of:
a. There can be limitations placed on who can purchase an item,
b. There can be a minimum requirement that the bidder has at least 50 points before they can bid with a particular seller,
c. If the bidders account is not fully setup and the email checks not carried out,
d. If the payment details have not been recognised,
e. If the bidder is under some form of restriction by eBay or PayPal,
f. If the bidders account is suspended or carries a notification of pending suspension,
g. Bidders attempting to pay by Western Union or a similar system will be bounced by eBay and the seller is informed that it is an unsafe transaction,
h. Bidders with a poor payment history,
Those are the main pitfalls of using eBay as a bidder.
eBay has recently revamped its entire system and changed a lot of the rules that control the buying and selling in order to comply with the European and UK laws. |
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www.CyberCrimeOps.COM
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It is a legal contract of sale. The item MUST be sold to you. You need to make a complaint to ebay fast so they can nuke the persons account. |
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GAVIN E
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Report him to ebay as a non performing seller.(NPS). |
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hanas_emails
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email ebay they can tell you the answers. |
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townplanner
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There is no legal right of sale.... imagine a shop; you agree a price and the sales assistant then turns around and says he does not want to sell the item. Its tough luck I'm afraid! As a buyer you can leave negative feedback (the seller can no longer do this). We have several ebay shops and have been trading on it since 2002, so we should know! |
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