Seller refunded my payment & sold to second highest bidder.

[dresscode2479]

Hi ! I won an auction Sunday am and paid for it via instant paypal on Tuesday pm. The seller has just refunded my payment citing that they sold it to the second highest bidder as payment was not made within 2 days as stated on the listing.

I must admit, I had not actually read that on the listing  but as a seller myself, I think this sellers actions were a little harsh. Seller made no contact with me except for a note on the paypal refund. 

[thecatspjs]

the OP did not pay the seller within their 2 day stated timeframe - the OP admits that they did not read the payment terms in the listing.

From the information provided it appears that the seller advised the OP of this and promptly refunded the payment as in the absence of a payment within the designated time frame the goods were sold to someone else.

[bearus7]

Perhaps a bit harsh if the seller made no attempt to remind you of the terms of their sale, but why does a buyer need days to pay? In most cases a buyer has been following an item listing for a day or so at least before winning that item - why wait to pay, it only delays the dispatch of the item, and perhaps causes more email traffic as an anxious seller trys to confirm the buyers intentions?

In a retail shop or a site auction you pay there and then - no problem.    

[chezzy]

Goes to show that no matter what device you are using to access ebay it pays to read the description and if clarification is sought or buyer has questions to do so before bidding.

[phorum_junkie*]

Whatever the seller said in their listing they did not finalise the first transaction before offering to the underbidder which is a silly thing to do as now they will almost certainly get a defect recorded regardless of what their unenforceable terms stated.

[thecatspjs]

Why will they get a defect ?

There is no cancellation for any reason as I understand.

The buyer paid.  The seller refunded.

The buyer is unable to open an cancellation or paypal dispute as the seller has refunded.

eBay can't issue a policy breach as the buyer did not meet the listing conditions stated payment terms.

If the buyer leaves negative feedback eBay is highly likely to  remove it, as the listing condition states terms that the buyer did not  comply with - and paypal payment timing evidences this.

[putney32]

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@thecatspjs wrote:

Why will they get a defect ?

There is no cancellation for any reason as I understand.

The buyer paid.  The seller refunded.

The buyer is unable to open an cancellation or paypal dispute as the seller has refunded.

eBay can't issue a policy breach as the buyer did not meet the listing conditions stated payment terms.

If the buyer leaves negative feedback eBay is highly likely to  remove it, as the listing condition states terms that the buyer did not  comply with - and paypal payment timing evidences this.

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 if there is no cancellation the Seller will pay 2 x final value fees, one on the first transaction (albeit a Refund, without a Mutual Cancallation the fvf stands)\\

or

the seller requests a Mutual Cancellation (unlikely the OP will agree) but if he did the Seller would be hit with one of these non-supply defects!

[dresscode2479]

Thanks to everyone who voiced an opinion - it's great to see we are a varied bunch!

As a purchaser, I usually do pay immediately but it is school holidays and my paypal account was dry but I had auctions of my own finishing on the Tuesday. Yes - I should have advised  the seller that I was going to pay on Tuesday night.

However if you want to really pedantic, the listing says 'payment within two days'   it does not say 'payment with in 48 hours'.

As the buyer, I did pay with two days - I won auction on Sunday - paid on Tuesday.  The seller has not communicated at any stage with me - no reminder to pay etc. The only communication came from a not attached to the paypal refund.

I certainly take some of the blame  - I should of paid immediately  - but I still think I paid within 2 days!

[k1ooo-slr-sales]

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dresscode2479 wrote:

Thanks to everyone who voiced an opinion - it's great to see we are a varied bunch!

As a purchaser, I usually do pay immediately but it is school holidays and my paypal account was dry but I had auctions of my own finishing on the Tuesday. Yes - I should have advised  the seller that I was going to pay on Tuesday night.

However if you want to really pedantic, the listing says 'payment within two days'   it does not say 'payment with in 48 hours'.

As the buyer, I did pay with two days - I won auction on Sunday - paid on Tuesday.  The seller has not communicated at any stage with me - no reminder to pay etc. The only communication came from a not attached to the paypal refund.

I certainly take some of the blame  - I should of paid immediately  - but I still think I paid within 2 days!

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"if you want to really pedantic, the listing says 'payment within two days'   it does not say 'payment with in 48 hours'."

I agree, that WOULD be really pedantic!

"The seller has not communicated at any stage with me - no reminder to pay etc"

Why does the seller have to communicate to the buyer?  Remember, where no communications take place between the buyer and seller the seller gets auto-5stars for communication. eBay send a reminder after two days via email anyway, so why would a seller feel the need to also remind the buyer?  The seller probably thought you were a good buyer who reads descriptions!

"I certainly take some of the blame  - I should of paid immediately"

What you should have done was read the description before bidding.

Now, while I personally request a 'within five day' payment timeframe when I sell items, the seller had two-days in their listing and might have had good reason to do so.  They may have been stuffed around by slow payers, but for whatever reason, if it is there in the description for all to see before bidding then I think we should not judge the seller harshly.

Here's the clincher . . . .

"my paypal account was dry but I had auctions of my own finishing on the Tuesday"

Can I ask . . . . why is that you would think that it is acceptable for you to expect payment for your Tuesday ending auctions on Tuesday enabling you to pay your seller yet expected your seller to wait days for payment?  What if your buyers waited two days?  Where that that have left your plans to pay on Tuesday night?

OP, what you should have done was make PayPal payment from linked account or credit/debit card and not kept the seller waiting until you had received funds from your auctions.

[k1ooo-slr-sales]

further to my previous post . . . . I think that if the OP leaves a neg for their seller it would be petty pretty poor form on their part.

[thecatspjs]

One day in ebay land is often equivalent to 24 hours (not always).

This is reflected in how listing durations and disputes timeframes count down.

Others might argue that the first day in this case was sunday and the second day was monday.  So a payment Tuesday evening would be well and truly late in this case.

I think that it pretty much comes down to that you did not read the listing properly before you purchased OP as you said at the outset of this thread.

Thank you for posting on this issue OP as it has certainly served as reminder for me to double check all terms in listings (and clarify terms with seller if needs be) including payment terms, before i purchase, as I have been a bit slack myself lately on doing this.