Offers to sell outside of Ebay

[porcelain_dolls_by_me]

A potential buyer sent us a message asking if it was possible to collect an item directly from us.  We confirmed no problems and just call us to arrange a time.

Straight away we get an email from EBay accusing us of making an offer to sell outside of EBay!! 

Rang to expalin that we merelye answered to customer question and if they had visited then the transaction would have been processed through our EBay account (for our own accounting purposes if for no other reason).  Not a good enough explanation for EBay - customer needs to make purchase first and then ask about local pick-up.

[k1ooo-slr-sales]

as far as organisations you have had dealings with, I think the important distinction in all of them is the use of the term “account”.  I have an account with my energy supplier, but I do not have an account with the eBay seller that I bought my phone cover from.

The OP bought wine from an eBay seller who sells wine.  They did not open an account with that seller, they conducted what they thought would be a one-off purchase.  In this respect, calls from that seller to try to sell more wine are not permitted if the OP has their number registered on the Do Not Call Register.

Even if your number is not registered on the DNCR, you can report those that make unsolicited calls IF they call outside of acceptable hours

source: https://www.donotcall.gov.au/consumers/lodge-a-complaint/

[imastawka]

I understand all that, slr.

Just wanted to clarify a few points for anybody else reading    

[k1ooo-slr-sales]

I’ve learnt a lot about my rights while researching for posting on this thread in the last 24 hrs.

I went and looked at the legislation and the requirements regarding the caller providing information about themself and the organisation they represent.  To avoid breaching the legislation, if I ask for the callers name they have to provide it, if I ask for the phone number of the organisation they have to provide it, if I ask for the name of the person for directing complaints the caller has to provide it.

source: https://www.legislation.gov.au/Details/F2017L00323

If you can tie down a caller, thereby delaying them from making their pitch, by asking and insisting they identify themself and the organisation they represent and the person within that organisation that complaints can be directed you might just get them hanging up as time is money for them.  If they aren’t able to control the way a call continues, especially if you are able to quote legislation as a delaying tactic, they would quickly realise they are wasting their time.

[k1ooo-slr-sales]

I have made references to the OP when posting about the Do Not Call Register.  This is wrong as it was prm57 and not the OP who raised unsolicited calls (in post #37)

prm57 was the buyer of wine, not the OP.

My apologies for this error when posting.

[imastawka]

[brerrabbit585]

The last time I read up on it, businesses you had a relationship with weren't allowed to contact you unless it was specifically in relation to any accounts you held with them.  eg. banks can't contact you for general marketing unless you've ticked to allow it.  There was a case where one bank was fined for contacting customers just for marketing purposes.

The last time I checked the do not call site they also said that a lot of businesses were completely ignoring the register, which is no surprise to me!  I once asked a person who they were calling on behalf of and she wouldn't tell me, but later in the conversation (I very occasionally deliberately waste their time) she was trying to line up an appointment with me.

[pjw2416]

I sold an item on gumtree and forgot to remove my ebay add.  A few days later I received a message from a potential buyer on ebay who offered his phone number.  I promptly removed the add because it was no longer available.  Ebay then suspended my account for 7 days and also charged me a final selling fee of $40.  I contacted ebay and told them I had proof on my phone that the item was sold on gumtree but they would not hear of it and would not give me a means of sending them my phone screenshots.  They just said that they only go by suspected activity on ebay.  So frustrating. Not sure how/if I can recoup my money!

[padi*0409]

Another hazard of advertising the same item on eBay and another platform, then getting contact info from an eBay buyer after the other sale. You can't really blame eBay for this one because they can't see your phone messages and even though they own Gumtree, they still want their pound of flesh and a 7 day suspension for you.................hmmmm.

[pjw2416]

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@padi*0409 wrote:

Another hazard of advertising the same item on eBay and another platform, then getting contact info from an eBay buyer after the other sale. You can't really blame eBay for this one because they can't see your phone messages and even though they own Gumtree, they still want their pound of flesh and a 7 day suspension for you.................hmmmm.

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Surely they have a means of receiving files.  I would be more than happy to send my phone screen shots.

[davewil1964]

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@pjw2416 wrote:

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@padi*0409 wrote:

Another hazard of advertising the same item on eBay and another platform, then getting contact info from an eBay buyer after the other sale. You can't really blame eBay for this one because they can't see your phone messages and even though they own Gumtree, they still want their pound of flesh and a 7 day suspension for you.................hmmmm.

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Surely they have a means of receiving files.  I would be more than happy to send my phone screen shots.

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It wouldn't matter - all it would prove is that you sold the item off-eBay. Which they already suspected, and is why they hit you with sale fees.

On the positive side, I bet you'll never forget to end a listing for something you've already sold.