Auction won, seller claims item out of stock

Won an auction for an in-car camera on 22 August, paid via Paypal the next day and received positive feedback from the seller. Yesterday 28 August, I get a message from the seller wanting to refund the money paid, plus an additional amount "for delay". Checked eBay and find that the same seller has the same item listed at a BIN price of $999.00 with 2 sold and 5 available. I wrote back and said that I want the item, not a refund. He writes back with the following message:

We are not mean that we won't sell this item to you.
What you saw on the ebay is still have product in stock, that because we are out of stock yet, so we raise the price to $999.When we get the products we will recover the price.But since we don't know how long will it take,and we can't ensure the exact time when we get it. So we suggest refund.

I thought they had to have the item to sell if they were putting the item to auction.

The item has now been increased to BIN $9,999, still listed for 26 days, and still claiming to have 5 in stock. What is going on here???

Message 1 of 33
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Re: Auction won, seller claims item out of stock

If the seller is a Australian business I would think advertising goods that the seller knows they do not have and are not likely to have for some time might be in breach of consumer law ??

 

If a business knowingly do not have stock but still have a live listing and goods are paid for, as a business they might potentially be fined - even if they refunded the payment immediately. 

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Re: Auction won, seller claims item out of stock

The seller is in China.....enough said.  Save your energy for reporting a seller where you might get some action.

Message 12 of 33
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Re: Auction won, seller claims item out of stock

it's ok digi,, learning that it affects Best Match placement is something new I have learned, I didn't realize it was any more than losing the sales hostory of an item which seems to be important on here.

 

If it's purely for search manipulation, I now understand why it's wrong, I didn't realize how this practise impacted that.

 

 

See, to me though, it is two seperate issues. The buyer's transaction being one, and the subsequent listing being the second.

 

I think what the seller is alleged to have done in the first issue is wrong,, and for that he should be penalized. I agree - report him for that (can you?) but he has rectified the situation to a greater capacity to what PayPal would have financially speaking had he sent something else resulting in an SNAD, or not sent it at all resulting in an INR

 

As for issue 2 - how do we know the seller does not have more stock? Even the buyer said they could find more stock, so perhaps the seller has done that (admittedly I doubt it). His usual supplier might only charge him $20 per unit,, hence the lower price, whereas he may well have sourced a short term emergency stock and had to pay a significantly higher price for it, hence the increased prices. Once their regular supplier can send them stock at their regular price, then prices will return to "normal".

 

Petrol stations and butcher shops are two outlets that I can think of that do this on a regular basis.

 

So to me, because it is two different issues, it does seem spiteful to now report the seller based on assumption. Maybe the buyer could message him and ask him if he does have any in stock at that price (or someone else could, as a prospective customer I guess), then if he admits he doesn't, there is proof, As it is, there is none, and any reporting is based on assumption and only being initiated out of spite cos the buyer is miffed they didn't get the bargain they are entitled to.

 

Sure, he has admitted he didn't have stock - => yesterday (?), but how can we be sure at this point that he hasn't sourced more stock over night at a much higher price and so has structured his listing accordingly.

 

I can usually make cherry ripe ice cream for $2.67 a litre in the quantities that I produce, however yesterday I paid $11.40 per litre for a reasonably similar quality because I had to purchase it from a competitor simply because I did need to honour some of my contracted orders and I didn't want to have none on hand for the 3 days it will take me to reproduce.

 

In my case - why did I run out? A motor burned out on one of my freezers and I couldn't fit all of the stock into the back up freezer, so some of it is lost. Can I fill the orders I currently have? Yes, at a significant loss, fortunately for me, only a few held me to their order, and all but one took a reduced amount to get them through until I could get the freezer operational again and stock levels back up.

 

 


Some people can go their whole lives and never really live for a single minute.
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Re: Auction won, seller claims item out of stock


@thecatspjs wrote:

Come on crikey do you really think that reporting a listing that may be, or is, in breach of ebay policy is spiteful ?? 

 

In this instance, what is the motivation for doing so? Would the buyer normally have done this, or are they now just doing so to "punish" the seller?

 

LMAO

 

*criez*

 

Spoiler
Notice I only cried - if you had have pointed and laffed as well - I woulda had a full on melt down!

 

 

It is not heresay - the seller has messaged the buyer to say they have no more stock YESTERDAY - ebay have access to this information that has been provided by the seller to the buyer.

 

This sellers actions = unhappy buyers

 

 

 


 


Some people can go their whole lives and never really live for a single minute.
Message 14 of 33
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Re: Auction won, seller claims item out of stock


@thecatspjs wrote:

If the seller is a Australian business I would think advertising goods that the seller knows they do not have and are not likely to have for some time might be in breach of consumer law ??

 

If a business knowingly do not have stock but still have a live listing and goods are paid for, as a business they might potentially be fined - even if they refunded the payment immediately. 


Going by this quote from post 3 "However, after doing a search on the 'net, I have found the same item available at other websites within the country from which this item is originating."

 

I'm thinking it is an overseas purchase.

 

But yes, <in writing that Cats can't see> You are right AGAIN!!!!!! (I wish she would stop doin' that FGS!!!!!</in writing that Cats can't see> Australian CL does say that an advertised product must be available in reasonable quantities. (There's ifs/ands or buts applicable there, but that's the basic principle) However I don't know what penalties are applied.


Some people can go their whole lives and never really live for a single minute.
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Re: Auction won, seller claims item out of stock

Spoiler
Passes tissue to fish ....

 

My motivation to advise report or report listing = Responsible community member trading behavior to improve our marketplace

 

 

 

 

 

 

Message 16 of 33
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Re: Auction won, seller claims item out of stock


@thecatspjs wrote:
Spoiler
Passes tissue to fish ....

 

My motivation to advise report or report listing = Responsible community member trading behavior to improve our marketplace

 

 

 

 

 

 


 

teacherspetav.jpg

 

 

*cheeky grin*

 

 

 

 

runs.gif

 

 

 

but thanks for the tissue....


Some people can go their whole lives and never really live for a single minute.
Message 17 of 33
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Re: Auction won, seller claims item out of stock


@crikey*mate wrote:

it's ok digi,, learning that it affects Best Match placement is something new I have learned, I didn't realize it was any more than losing the sales hostory of an item which seems to be important on here.

 

If it's purely for search manipulation, I now understand why it's wrong, I didn't realize how this practise impacted that.

 

 


That, along with the fact that it's now a common buyer complaint, means that it's one of the things some sellers do on purpose that has a negative impact on all members in one form or another - hence my dislike of the practice. It also means when a genuine oversight happens, buyers could already be fed up with being told they can't have the item they bought and less forgiving.

 

Many don't even bother to raise the price to an unrealistic amount etc, they just keep all their listings going at normal price (sometimes for months) and refund anyone who buys. Smiley Frustrated

 

 

Message 18 of 33
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Re: Auction won, seller claims item out of stock

Let's get this straight. The seller is in China. There are other cameras exactly the same listed on other websites within China. The seller messaged and OFFERED a refund, plus an additional amount "for delay". I wrote back and advised that, as the seller seemed to have the same stock listed at a higher price, they could supply me with one of those in lieu of the refund. The reply to that message is in my opening post. Please note: I HAVE NOT received a refund to date.

I have since replied and said that they have until the close of business today to source the item, otherwise I will be advising both eBay and Paypal of their inability to honour their side of the contract. I have not heard back.

I do appreciate the input from everyone here. As I said in my second post in reply to crikey*mate, I have won a couple of auctions before and had the same thing happen (the item was auctioned at a price much lower than the BIN price - I was asked to accept a refund, which I did, as the sellers did not have similar stock). Subsequently, (within a couple of days), EXACTLY the same item was listed by the same sellers at a starting price almost triple the price I had paid previously.

I guess Paypal will make them refund the money and I can shop elsewhere. Its the principle of the matter - don't offer goods for auction if you have no intention of selling them at a markedly reduced price.

Message 19 of 33
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Re: Auction won, seller claims item out of stock

You have been offered a refund plus compensation....why do you want to open a paypal dispute?

Just accept it and look elsewhere.

Message 20 of 33
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