Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.

2 weeks ago I sold a couple of items that had a postage option or a pick up for local buyers.  I work full time and have 2 children who I have to drive to school and various sporting events.  In my description I stated that pick up times would be restricted becasue I can't always be home.  Most buyers who have pick up have been fantastic and were able to give me a time for collection when I given them my availablity.  The buyer I'm having difficulty with said that her life revolves around her children and as such I should be more considerate and wait for her to collect when it is best suited to her.  The first weekend after the sale she sent a message to say that she was going to pick up on the Saturday afternoon or evening.  I originally had plans and said that I was happy to cancel them if it would make her life easier.  I then received a message saying that she would text when she was on her way.  Saturday afternoon and evening passed, I never heard from the buyer.  I also gave her a Sunday morning option to pick up before 9:30am or after 1:30pm.  I work full time and need to do the grocery shopping over the weekend.  Again I never heard from the buyer.  On Monday I received a phone call from her saying that she was coming over to pick the items up.  I apologised to her said that it would not be possible at the current time becasue I was at work and 45 minute drive away from home.  Please note that the buyer lives in the next suberb to me and at most it is 10 minute drive for her.  I then later sent her a messaage to give her some week day mornings and afternoon times for pick up.  Her response was I will call when I'm coming. This has been difficult for me as I have had to commit to being at home for her to come.  On the Friday of the following week she had arranged to pick up at 3:45pm  This was okay and I had said to her as long as it was before 5pm I would be home.  After 6pm I received a message from her saying that she had a headache and wasn't coming for pick up.  She wanted to come over the weekend.  Again I had no response from her.  I really want to cancel the transaction as it is time consuming planning home avaliablity times and commiting to being at home for her not to show.  I am trying to have a clear out before Christmas and items she is picking up are quite bulky.  Am I in the wrong here?  I feel as though I'm the one making all the effort to meet her needs.  I don't really like the pick up option and I only do it as a favour to buyers.  Can I try and cancel the transaction and say that pick up is no longer an option for her?  Is she allowed to leave negative feedback if I say pick up is now no longer an option?  Thank you for your thoughts and ideas 🙂

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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.

OP you are not breaching any law by not offering any additional times for the buyer to collect.  

 

You agreed for the buyer to pick up at specific times mutally agreed. The buyer has not honoured pick up terms agreed to.

 

If you do not wish for any further contact from this time waster, I reiterate my and other posters earlier advice, open and close a NP case without further contact.  

 

If the buyer wants the goods that badly they will pay for delivery of same. 

 

 

 

 

Message 31 of 112
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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.

Well I've just opened 2 unpaid cases, now the count down to Saturday.

Message 32 of 112
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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.


@millyswardrobe5 wrote:

Well I've just opened 2 unpaid cases, now the count down to Saturday.


woo hoo.gif

 

 

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*fingers crossed for you that it all goes smoothly and you can have your life back....


Some people can go their whole lives and never really live for a single minute.
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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.


@my*mum wrote:

@zigzagdot wrote:

How can something be considered as SOLD when it has NOT BEEN PAID FOR?  Try that one at COLES, see how far you get. 

 

I'm just being honest, I don't  give a rats ass about Buyer's collecting time schedules, they don't give a rats ass about Seller time schedules either.  Keep it SIMPLE, SELL, PAY, POST or COLLECT at an arranged time.  The process becomes legally complex when either party does not play the game and even more tricky when the Auctioneer leaves loopholes for Buyers and disempowers Sellers.   

 

 


the auctioneers have not left any loopholes, (BTW, eBay say in their T&C that they are not auctioneers) they are applying the law of contract. Something that might be a wise thing for anyone to apply who enters into contracts.

 

you can caps lock me as much as you like, but this doesn't change the law.

 

a promise to pay (which is what a bid is) is sufficient consideration to form a legally binding contract.

 

yes the law is tricky if you do not know it (and a lot of times even if you do) but that does not give you the right to break it.

 

To form a legally binding contract you need

 

1) Offer = the bid

2) Acceptance = when the hammer falls/auction times out.

3) Intention  = you signed the user agreement

4) Consideration = your bid is a promise to pay

5) = capacity - you signed the user agreement

 

Contract formed

Ownership passes.

 

 

 



 


5) = capacity - you signed the user agreement

 

The user agreement is an agreement formed between a member and ebay It has no bearing on any contract that may be formed with another member. Those terms and conditions are governed by the seller as stated in the listing.

 

In fact agreeance to your user agreement explicitly procludes that from being the case

 

 

3 (in part)

 

We are not involved in the actual transaction between buyers and sellers.

 

As a result, we have no control over the quality, safety or legality of the items or content posted by users on the Site, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items.

 


You are obligated to complete the transaction with the seller if you purchase an item through one of our fixed price formats or are the highest bidder as described below, .

 

If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, you are obligated to complete the transaction with the seller, unless the item is listed in a category under the Non-Binding Bid Policy.

 

 

 

Any seller can specify in their terms and conditions at what point ownership changes (see 4 in part below)

 

4 By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this

 

Agreement or unlawful.

 

 

 

http://pages.ebay.com.au/help/policies/non-binding-bid.html

 

The following types of items must be listed in the appropriate "non-binding bid" category (if such category exists), and

 

may only be listed to solicit indications of interest for the item:

  • Real Estate (e.g., homes, real property)

  • Businesses (e.g., stock sale of businesses)

Mary is selling her house and has received many bids on the property. The listing closes with a high bidder and Mary is ready to close the sale.

 

Unfortunately, the high bidder decides not to complete the transaction.

 

Upset with this buyer, Mary tries to file for Final Value Fee credit through the Unpaid Item process.

 

Mary, the seller, is in violation of the non-binding bid policy because bids on real estate are not contracts.

 

 

 

 

 

 

atheism is a non prophet organization
Message 34 of 112
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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.

t's best you stop, although you are entitled to YOUR opinion, but this does not make it correct

 

Yes  I know you would love me to stop but I not going to, I'll keep expressing my opinion whether you or your clan like it or not.  Buyers don't have loopholes, that is your opinion. FULL STOP.

 

We can debate the ownership thing till we are blue in the face, fact is, if someone does not pay, technically speaking, they don't get the item now do they?

 

Your condescending tone does not intimidate me, I have become immune just dealing with **bleep** eBay Buyers.   When I need the  legalities of eBay I just fire up CHAT with an eBay expert, I get it first hand, and they are even polite, highly professional, not colored with agendas of eager beavers.

 

 

 

 


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Imagine if eBay paid Sellers for sharing their expertise, currently eBay only pays a company to run their forums.
Message 35 of 112
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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.

5) = capacity - you signed the user agreement

 

The user agreement is an agreement formed between a member and ebay It has no bearing on any contract that may be formed with another member. Those terms and conditions are governed by the seller as stated in the listing.

 

In fact agreeance to your user agreement explicitly procludes that from being the case

 

 

3 (in part)

 

We are not involved in the actual transaction between buyers and sellers.

-----------------------------------------------------------------------------------------------------------------------------

 

Thank You, that was my understanding too.

 

 

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Imagine if eBay paid Sellers for sharing their expertise, currently eBay only pays a company to run their forums.
Message 36 of 112
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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.

http://pages.ebay.com.au/services/registration/reg-confirm.html

 

3.1 Online Auctions. Although we are commonly referred to as an online auction web site, it is important to realise that we are not a traditional "auctioneer". Instead, our Site acts as a venue to allow members to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of formats, including a fixed price format and an auction-style format commonly referred to as an "online auction". We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items or content posted by users on the Site, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure and do not guarantee that a buyer or seller will actually complete a transaction or act lawfully in using our Site.

 

 

So if anybody can explain to me how an Unpaid item dispute could void a contract between two members (as claimed above) when those members agreed in the user agreeement that

 


We are not involved in the actual transaction between buyers and sellers.

 

I would be overjoyed.

 

If anybody can explain to me if I select immediate payment required as a term of the sale

 

 

http://pages.ebay.com.au/help/pay/require-immediate-payment.html


As a seller of an Auction Buy It Now listing or a Fixed Price (Buy It Now) listing, you have the option of requiring a buyer to pay immediately with PayPal before that buyer can purchase your item.

 

.... How long does the buyer gets to pay?

 

8 days? or the buyer must pay upon promise?

 

 

 

 

 

 

atheism is a non prophet organization
Message 37 of 112
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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.

LOLOL Bully - define capacity

 

not sure why the rest is there, it only says what I said

 

and you really needed to bold this as well o" long as those conditions of sale are not in violation of this

 

Agreement or unlawful."

 

 

sheesh, wasn't it you on your soap box about cherry picking?


Some people can go their whole lives and never really live for a single minute.
Message 38 of 112
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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.

not sure why the rest is there, it only says what I said

 

 

It's NOT what you said

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Message 39 of 112
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Buyer wants to pick up and refuses to give a time or day. Wants to come by when it suits them.


@zigzagdot wrote:

5) = capacity - you signed the user agreement

 

The user agreement is an agreement formed between a member and ebay It has no bearing on any contract that may be formed with another member. Those terms and conditions are governed by the seller as stated in the listing.

 

In fact agreeance to your user agreement explicitly procludes that from being the case

 

 

3 (in part)

 

We are not involved in the actual transaction between buyers and sellers.

-----------------------------------------------------------------------------------------------------------------------------

 

Thank You, that was my understanding too.

 

 


cherry picking?

 

y bidding on an item you agree to be bound by the conditions of sale included in the item's descriptionso long as those conditions of sale are not in violation of this

 

Agreement or unlawful.

 

 

3 (in part)

 

We are not involved in the actual transaction between buyers and sellers.

 

 

glad the penny dropped for you.

 


Some people can go their whole lives and never really live for a single minute.
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