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

[millyswardrobe5]

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 🙂

[thecatspjs]

Lol I'd like to join in and comment - but I have no idea of who is saying what or in what color font.

[colic2bullsgirlore]

I read the bullys red writing and read the taunts lolol

[colic2bullsgirlore]

glad the penny had dropped for you too

If the seller states in their sellers terms and conitions on ebay that

# Titles to the goods purchased by you remain with us until you have paid for them.  Once the goods are paid for in full, the title will pass to you. .

# Risk in the goods passes to you when the goods are taken from storage at our warehouse for delivery to you.  We recommend that you insure the goods until delivery to you.

When does the title change hands?

It is dependant upon the terms and conditions the seller has applied to the sale

[*crikey*mate*]

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@colic2bullsgirlore wrote:

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?

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the UPI is the process eBay put in place to void the contract - just so peeps have some way of doing it without going to legal expense. It is part of their services they supply and you agree to them when you sign up.

My "guess" is that it would be considered cancellation by "mutual agreement" (probably wrong though) or it is an implied term as that is the time eBay have 'ruled" to be a "reasonable" time. But to be sure, ask them, though when I did, they couldn't tell me anymore than their legal team approved it.

I say 8 days as this is the minimum amount of time given by the UID, there is diddlysquat that you can do before 8 days either in court or on eBay.

if the seller has selected immediate payment required, that is a specific term of their contract, and acceptance is not given until payment is made.

also note we are talking about the rules of AUCTIONS here not BIN

from your link up there section 3

"If you have an Auction listing the Buy It Now button and the immediate payment requirement disappear once a bid is placed (or once a bid meets your reserve price). In that case, the listing becomes a regular auction-style listing, with the item going to the highest bidder"

you really have to stop cherry picking!

[thecatspjs]

In the absence of specific terms stated in a sellers terms ebay policy and resolution processes apply as is relevant to particular situations such as non-payment.

[*crikey*mate*]

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@colic2bullsgirlore wrote:

glad the penny had dropped for you too

If the seller states in their sellers terms and conitions on ebay that

# Titles to the goods purchased by you remain with us until you have paid for them.  Once the goods are paid for in full, the title will pass to you. .

# Risk in the goods passes to you when the goods are taken from storage at our warehouse for delivery to you.  We recommend that you insure the goods until delivery to you.

When does the title change hands?

It is dependant upon the terms and conditions the seller has applied to the sale

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I am happy to be proven wrong, but I do not believe that a seller's terms and conditions can trump the law, So, if you can show me where the law says this is OK, I will concede.

[*crikey*mate*]

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@thecatspjs wrote:
In the absence of specific terms stated in a sellers terms ebay policy and resolution processes apply as is relevant to particular situations such as non-payment.

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i agree with that but still not sure about the terms and conditions bit, because if the t&c are unlawful, I don't believe they apply, however, as I said above happy to concede defeat if anyone can show me where a person's terms and conditions trump Australian Law>

The eBay policies do apply as (presumedly) they comply with the law and we agree to them when we join.

[thecatspjs]

Some laws only apply to aspects of a sale in the absence of other mutually agreed and lawful conditions.

[zigzagdot]

Sounds good, although I am working the next 4 days!

Hope you get rid of the annoyance soon, I've spent a couple days looking into the Seller Forums,  amazed at how I found so many Seller complaints I could identify with, there must be thousands of us who are fed up.

The Buyer that had me in the same situation eventually gave up and let me cancel, after telling me her life's woes of how busy she was and not being able to find a trailer etc etc.  As if other people don't have similar woes.  So why bid if you know you can't collect within a resonable time?   It's just logical... oh well who said selling must make sense, never mind fun... those days are over, forever!  

[*crikey*mate*]

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@thecatspjs wrote:
Some laws only apply to aspects of a sale in the absence of other mutually agreed and lawful conditions.

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I was just thinking about the UID process as I went through McDonalds. Could it be that this is the arbitration process and we agree to it when we agree to the T&C of eBay?

You're the SoGA expert cats, doesn't it say something about arbitration?

Somewhere it does anyway.

eBay provide an arbitrary service to bring things to a close just to make things simple and cost effective?