Buyer beware

[graeme7518]

I bought a complete kitchen on eBay.  It was expensive. I then spent a day organising people to help me dismantle it, transport it and reassemble it.  I entered into a contract to sell it and install it. I spent hours measuring and planning. The seller then cancelled and refunded.  I am several thousand dollars out of pocket.  EBay said that because I got a refund - maybe I did, but it seems likely to take five days or so to happen - I have no rights. Ebay threatens buyers that they are entering into a contract that they must honour. There is no means of contacting them except by chat because the 'purchase was refunded'. Ebay's chat doesn't work - the minutes count down then when it gets to 1 minute it freezes. There is not even an email address to record disappointment. Be aware that when you purchase on eBay you are on your own.  There is no redress other than refund. In any legitimate market the law of contract would allow redress through the courts.  eBay is designed to ensure that can never happen. Draw your own conclusions, but beware.

[jellybirddesigns]

Why did the seller cancel?

Where is the seller registered (not item location), or item number?

There are some thing which really should never be bought on Ebay - the risk is just too great.

Ebay has nothing to do with any external companies or contractors you engage with outside of the transaction. If you have been refunded, there's nothing more to do, so not sure what "contract" you are talking about. Can you show us where Ebay "threatens" buyers?

The refund will make its way back to the source of payment you used. You would also have received an email about it.

If you really wanted warranties etc, you should have engaged a kitchen company.

[k1ooo-slr-sales]

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@graeme7518 wrote:

- I bought a complete kitchen on eBay.  It was expensive.

- I then spent a day organising people to help me dismantle it, transport it and reassemble it.

- I entered into a contract to sell it and install it.

- I spent hours measuring and planning.

- The seller then cancelled and refunded.

- I am several thousand dollars out of pocket.  

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I have broken the start of your Opening Post down into dot points to wrap my head around your predicament.

Here’s how I have interpreted your post:

- you bought a kitchen off someone on eBay

- the seller wanted the buyer, you, to dismantle and remove the kitchen from where it was installed

- upon buying the kitchen you set about getting people who could dismantle the kitchen and transport it to another site

- you entered into a contract with another person to sell and install this kitchen i.e. you intended to on-sell the kitchen

- you entered into this contract without first taking possession of the kitchen

- the seller of the kitchen cancelled the sale and refunded you

- you are out of pocket for the time you spent measuring and planning the on-selling and installation

Now, if I have got this right, then your problem is that without taking legal action there is nothing that can be done to compensate you for your time and efforts.  It is wrong, I know, but that is the problem with on-selling before taking possession.

When you say that you are out thousands of dollars, does this include the profit you were going to make with the on-sale?

[janeababe]

What was the reason given by the seller for cancelling the sale?  

While this situation is frustrating, no laws have been broken.  

Your ‘outside’ sale and install has nothing to do with eBay, nor do the outside contractors you have engaged.  That’s on you, I’m afraid.

I’ve actually bought 2 complete kitchens off eBay. One I got for auction at $1.20. I gave her $50 lol.

Second one is currently in my kitchen atm, repainted, repurposed and looking better than when I first bought it 😉. Didn’t need contractors thought 😁

[imastawka]

Is it just me?

I looks like the seller got the buyer to come in and dismantle the kitchen......

......and then cancelled the sale.

Thereby getting the kitchen removed free of charge?

Does that sound right?

edit:  sale was cancelled...where is the outraged negative feedback?

[kopenhagen5]

It sounds as though OP didn't get to dismantle at all but spent a day arranging it etc.

Always risky to book things before having item in hand or at least a firm meeting day/time to dismantle.

[repentatleisure1952]

I'm with kopes on this one.

[sandypebbles]

Buyers are only on their own if they expected to be covered for thing which are not covered or they expect special treatment

In that case, yes beware

What time was it you were trying to contact chat?

During their operational hours? 

[countessalmirena]

@graeme7518,

When you enter into an agreement to purchase an item on eBay, and the seller, for whatever reason, cancels the transaction, under eBay's T&Cs you are entitled to a full refund but not to any reimbursement for consequential loss.

If you want to be covered for consequential loss, you should purchase from a trader or company in Australia, face to face, with a contract that specifies such reimbursement in the event that the goods are not supplied on the date on which it is intended that they are ready for you to pick up.

I hope that your actual loss (not potential loss) is minimal. If you have entered into a written contract with a customer, your situation is not enviable. Can you negotiate a new contract or simply cancel on the basis of your supplier having defaulted? With regard to the people that you'd organised to help dismantle and transport, you've organised them but not prepaid them, I hope. Were they guys that you knew, who might grumble a bit but essentially would take on the chin? Or were they handymen that you'd contracted? If the latter, I hope at least you hadn't prepaid them, and could contact them ASAP to let them know that your supplier defaulted and they were no longer required. A case of beer might be an acceptable amende honorable.

[springyzone]

Graeme said:

I bought a complete kitchen on eBay.  It was expensive. I then spent a day organising people to help me dismantle it, transport it and reassemble it.  I entered into a contract to sell it and install it. I spent hours measuring and planning. The seller then cancelled and refunded.  I am several thousand dollars out of pocket. 

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There's your problem right there. You jumped the gun.

No sale is really completed until you have the item and you've been able to check it was as described.

I understand your disappointment but really, you were way ahead of yourself to resell this kitchen before you even took possession of it.

I can also understand your frustration at hiring people to help you dismantle and transport the kitchen and perhaps paying a deposit on this, only to have it all fall apart, but one thing I do wonder is if you had already communicated with the seller to organise a pick up day and if so, how long after that was it before they cancelled? Had you informed the seller you would be hiring workers to help dismantle/transport the kitchen?

If the answer to the above is no, and you went ahead and organised the workers etc almost immediately after the sale finished on ebay, then you were premature and you can't expect ebay to do more than see you are refunded. 

If the answer to the questions is yes, did you actually go around to the seller's home ahead of all your planning, to measure up and talk to them about how you planned to hire workers to dismantle and remove the kitchen?  Did you give them an exact date (I presume they would want it gone asap). If this is the case, I can well understand your anger.

As for hours of planning, I am presuming that was for installment in the home of whoever bought the kitchen from you. That's on you. I understand you were looking for a smooth transition, straight from the seller's home to your new buyer's home, but inconvenient as it is, you'd be best to have possession of a kitchen before you do that.

I can't see you getting compensation, other than a refund.