This Seller is going to be a Joy to Deal with !!!!!

[polly.the.cat]

I won a Bid on Item # 281550332218  yesterday 6th Jan. The Bid time was only 3 Days. Last night @ 5:30pm my Local PC Shop called to inform me that l did not need another Hard Drive for my Laptop. Problems were caused by Faulty Ram, so that explained why the Laptop would not Boot Up.  ( Cheaper to Buy a Good 2nd Hand HDD on ebay, than from a PC Shop.)

Sent an email via ebay messages asking to cancel my Purchase PLEASE !!!  I had not paid any money as yet to the Seller.

Seller has gone all quiet, so thought strange, yes l know, please do not say to me, l waited to long to check the Seller's Feedback.

Well, when l did this morning, yes, (after the fact), l got the shock of my life !!!!

People who have issues with Purchases with this Seller, the Seller refers to them as, "Thick Head", another who is a Buyer from Tasmania, is referred to as ...." Oh, l see you are from Tasmania, that explains everything."   

Please check the comments made to other Buyer's of his products.   I cannot believe the gall of this Seller.

I did not check his Feedback as he was in a Sydney, NSW. Location,  with very High Feedback.  ( my Fault for NOT Checking)

Have sent an explanation email to the Seller, at 0730 hrs. this morning, 7th Jan. l was very polite, and said l was sorry if l had caused a problem. l could not have been more helpful.

My fear now is that this Seller will wait for 4 Days to go past, and then sting me with a Non Paying Dispute.  Am l covered under the New ebay Purchase Agreement, where l have the option to Cancel my Order/Purchase ?

As of 1900 hrs. this evening, l have sent a total of 3 ebay Messages to this Seller, .....No Reply,  All has Gone Quiet. (zzzzzzzz) 

Have l followed the correct procedure ???    Any thoughts, please ?????

Thank you, to the many ebayer's who have been in contact with me about the huge Bush Fires here. The glow at nigh makes it look a lot closer.  Many heartfelt "Thanks"  to the hundreds of NSW  & VIC.  CFS  Boys & Gals who have come to our aid.

You make that age old Aussie mateship tradition, PROUD. 

[horizon1907]

It shouldn't be hard to cancel the Transaction. You have asked politely. The seller should just accept it and follow the proper procedure and all will be fine. He will get his fees back.

[polly.the.cat]

hozi, Thank you for trying to fill me with cheer, but mate, something in my old bones tells me that this will not be be over, till the fat lady sings. (usually at the very end of the opera, as l am waking up). lol

We shall see.   

Happy NY to you as well hozi, thank you.     Our Cat awaiting for reply to emails.

[imastawka]

He might not be that bad.   Cancelling the transaction should be easy.

I wouldn't worry yet.  His neutral feedback indicates that he has refunded

with no problems.

Abusive feedback can be removed by ebay, but the buyer has to ask for it

to be removed.

[horizon1907]

PS aussie Thank God for the CFS They do an Outstanding & Dangerous job.   Hope you have a great 2015 also.

[jensmanchester-australia]

Am l covered under the New ebay Purchase Agreement, where l have the option to Cancel my Order/Purchase ?

No - under the new policy (which from my understanding still has not been rolled out in Australia) the cancellation has to be requested by the buyer within one hour of purchase. As far as I am aware it does apply to auction wins either.

[polly.the.cat]

Buongiorno, l inviato richiesta di ieri, spiegando perché l necessità di annullare la mia offerta vincente con voi. Potete per favore fatemelo sapere qual è la situazione in materia, grazie. Attendo con ansia di sentire da voi. Addio,

No Reply yet from my Seller, so my Italian friend has put my original request into the Seller's Native Language.

Hope that this may bring a responce. Cheers.

[tall_bearded01]

So let me get this straight.  You bought something at auction on eBay, then after the auction finished you found you no longer needed it, so you told the seller to cancel the order.  Now I use the word “told” in that though you used the word “asked” – which infers a request – the way your post is headed and written there was no "request".  Instead there was a clear expectation that they would cancel, assumedly on the basis that you had under, the consumer law or eBay policy, a right to do so, however the sad fact is you don’t.

The item was purchased at auction and as such it became your property immediately on fall of the hammer.  Therefore just as you, the buyer, have a legally enforceable right to require the seller to hand over the goods irrespective of whether they are happy with the amount they got for it or not,  the seller have a legally enforceable right to expect you to pay for it, irrespective whether you continue to want them or not.  That is though you can retract a bid before the hammer falls, you cannot do so after it has fallen.

So where does that leave you the buyer.  You can request that the seller cancel the sale, and ordinarily I would only consider such a request if the buyer compensates me my out of pocket expenses incurred by the cancelation (the auction listing fees and any further relisting fees until the item is resold), and you would be getting of lightly, because legally, if you refused to pay, and it sold for less than your last bid, they the seller has a legal claim against you for the difference.

Finally and for complexness sake, I have checked the Australian eBay Money Back Guarantee and can find no reference to a buyer being able to use it to cancel a sale.  Instead the whole document is predicated on the basis that the Guarantee only comes into effect after the goods have been paid for.  Furthermore, I have looked at the general terms as contained in the User Agreement, and again can find no reference to any policy which allows a buyer to cancel a transaction after the sale.

I would therefore suggest, if you want this seller to cancel that you at the very least apologise for the inconvenience you have caused and offer to pay them their out of pocket expenses, on the understanding that, if they say no, and they have a perfect right to do so, your choices are limited to pay up or suffer the consequences of a non-paying buyer dispute process.

[polly.the.cat]

Dear (Seller)

The Local PC shop called me last night to inform me that there is nothing wrong with my HDD, it was a fail bad memory ram, that was causing my Laptop to not come on. I would like to Cancel this purchase please, and am happy to do what l need to ensure that ebay credit you your fee's.
I am sorry to put you to this bother, but thought best to try to get hold of you first thing this morning. I will be out soon, till about 2pm, if l need to assist you.
Thank you, D.

In answer to ....tall_bearded01,    I have and already HAD done all that you suggested.  I do not normally copy & paste my ebay im, but am happy to do so at this moment.  I take exception to your tone displayed to my post, as if l was uncaring, only thinking of myself, and that l did not have the interests of the Seller in mind. You could not be further from the truth.

I would suggest or request to you, that if there is ever any uncertainty in a post you read, why not PM the poster, and raise any questions that you may have, rather than assume that you know all the facts, when clearly, you do not. Which in your case, gives a certin air, that the OP here is clearly in the wrong.  Thank you.

[tall_bearded01]

Thank you for your email.  As my post is public so should my response

As you email expands on what you did when you made the request, that is you did offer to make restitution for the sellers out of pocket expenses, and as such I apologise for that aspect of my post where I inferred otherwise, but the main thrust of what I have written stands. 

That is, my post was direct to towards dispelling the commonly held eBay buyers myth that somehow, if you buy something on eBay and if you no longer need it, as long as you do it before you pay, you have a right to cancel the order/purchase, irrespective of whether they (the seller) agree to it or not. 

The reality is you can’t.  Once you press the buy/bid button that’s it.  That’s it unless the seller states in their listing they accept change of mind returns, or if, they don’t accept returns, they agree to a once off to cancel of this particular transaction.  That is, whether or not the seller agrees to the cancelation is at the absolute discretion of the seller and if they say no, your options are pay or incur the strike. 

As for me I would, as previously stated, as long as you had agreed to compensate me my out of pocket expenses, agreed to a mutual cancelation request.  However, buyers need to be aware there is a fundamental difference between a seller allowing a discretionary cancelation as distinct to being forces to agree, and buyers need to bemindful of the difference.  Therefore, if you want to buy something ghat you might want to cancel latter then limit you purchases to those seller who allow change of mind returns.