let me explain some parts of the law

[joethenuts]

a lot of posters keep thinking that if its written in the law ,thats it.  well wrong ,ask any solicitor.

if that was the case we would not need any courts.

a law is written for instance law 1.   then there is only if  a  or   f   or section  bla , does not ocur.

lets talk about photos in a post office, once you hand over your letters and as soon as the postman stamps them ,they are deemed to be the property of the federal gov. once you touch or take a photo ,then theres privacy laws.  its simple its not yours anymore.

we also have posters complaining about paypal taking money out of your account when there is a problem.

read your contract with them , you agreed to there policy  ,if you dont agree dont sign up or take the contract to a solicitor. 

just because something is said in the law , companies have agreements with them  .  like the bank on charge backs  the law states a bank cant take money out of another banks client.  but the banks have an agreement that allows that.  and we all know that happens.

look at the law about porn movies , i still have had nobody answere that.  its simple the law states porn movies can only be sold in canberra.    have a look around  most suburbs have an adult shop.   i would say there is an agreement with the law.  these shops are not hidden , some are the size of small supermarkets.

in fact a couple of months ago i won an auction on ebay for some new steel paint tins and lids , when she gave me the pick up details  it was to an adult bookstore , i then looked at the  item number  in case i bid on the wrong line, but all correct. anyway i drive to the loading bay ,she opened up the roller door and my eyes nearly popped out , as i was loading the boxes , i did not ask why they had new empty paint tins , but i did ask why the girl on the corner wearing  just underwear was smiling at me ,she said thats a blow up doll , yes but whats her name.     lol

[joethenuts]

you must have agreement but seler cant refuse now i have it from the horses mouth , this is not my writing as prob no spelling mistakes , i also have the wearabouts to find a copy of this .here goes

The buyer owns the goods no later than when they pay for them, but they are not at the buyers risk until delivered.

Unless the contract clearly specifies otherwise, the place for delivery is the place where the goods are located at the time sold. Therefore, unless the listing specifically and clearly states otherwise (“no pickup allowed’), the buyer has an absolute right to go to the place where the goods are located and demand they be handed over, with delivery having occurred, and risk passing to the buyer, when they are handed over.

Then, if the buyer, having paid for the goods, is unwilling or unable to pick them up, then they can ask for someone to pick them up for them, or ask the seller to arrange for them to send to them by carrier.  Furthermore if the listing provided a carrier option, then, if the buyer asks for them to be delivered, the seller is contractually obliged to send the goods to the buyer by carrier, but as the goods belong to the buyer, again, unless the contract specifically and clearly specifies otherwise, the choice of carrier is for the buyer to make.  That is, unless the TOS clearly and specifically state that only the carrier options contained in the listing are to be used, the buyer has an absolute right to instruct the seller to use someone else. 

Finally, if the buyer chooses to have it delivered by carrier, then the seller is the buyer’s agent for the purposes delivery, and as such, they are required to do everting reasonably practical to ensure it arrives safely, and having done all these things for the buyer, handing the goods to the carrier has the same effect as if the goods had been handed to the buyer – risk passes from the seller to the buyer. That is, handing the goods to the carrier has the same effect as if the buyer had gone to the place where the goods were located and picked them up.

[joethenuts]

of course you have to make a time that suits you both  it would not be nice to just barge in , 

[lyndal1838]

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@joethenuts wrote:

you would think so  but i am afraid under law its correct  you cant demant it but the seller must come to the party ,or the buyer can organise his own courier to go to the sellers place and pick it up.  or anybody he likes.   i think its wrong ,but thats sopose to be the law.

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Please show us where the law states than anybody can come to your door and demand to be given the items that were sold to someone else.

If a buyer turns up on the sellers doorstep how do you propose to make the seller even answer the door?

And I can assure you that no courier is going to go knocking on someone's door demanding to be given items for him to deliver to a third party.

[padi*0409]

Joe what state or federal law does that pertain to ???? Because I do not believe it could in any way be enforced on the seller.

[joethenuts]

pleasr as i am saying 100 times of course you arange a time for both , as the buyer is not going to just turn up because where is a chance they are not home, 

anyway as soon as the postmaster stamps his approval the seller does not own the envelopes 

and unless sellers state in there discriptions [no pick ups allowed]   then a seller must allow the buyer to pick up goods at there premisus  of course when it suits both parties or the buyer can send there own courier at a time that suits both parties.    so i would sugest that if you dont want pick ups   add the magic words to your listings.

[joethenuts]

padi this is  the australian law. not mine   that post is not my writing   i would of had at least 20 spelling mistakes on that.lol

it does proove mr whateverhisname was the bloke who only signed up a couple of days ago when he said as soon as the buyer pays  he owns it.

[collect247]

My options are that if I want my item to be picked up then I need to tick that box, it doesn't say anywhere if I don't want pick up to write it in my listing.

[padi*0409]

WHAT Australian law joe, if you can't post the actual law as it applies to eBay sellers, then you are only theorising yet again. 

[imastawka]

I repeat - If I've paid for it - IT'S MINE

Not the seller's anymore.

AusPost's responsibility - but nevertheless,  MINE

[bakeandfry]

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@joethenuts wrote:

you must have agreement but seler cant refuse now i have it from the horses mouth , this is not my writing as prob no spelling mistakes , i also have the wearabouts to find a copy of this .here goes

The buyer owns the goods no later than when they pay for them, but they are not at the buyers risk until delivered.

Unless the contract clearly specifies otherwise, the place for delivery is the place where the goods are located at the time sold. Therefore, unless the listing specifically and clearly states otherwise (“no pickup allowed’), the buyer has an absolute right to go to the place where the goods are located and demand they be handed over, with delivery having occurred, and risk passing to the buyer, when they are handed over.

Then, if the buyer, having paid for the goods, is unwilling or unable to pick them up, then they can ask for someone to pick them up for them, or ask the seller to arrange for them to send to them by carrier.  Furthermore if the listing provided a carrier option, then, if the buyer asks for them to be delivered, the seller is contractually obliged to send the goods to the buyer by carrier, but as the goods belong to the buyer, again, unless the contract specifically and clearly specifies otherwise, the choice of carrier is for the buyer to make.  That is, unless the TOS clearly and specifically state that only the carrier options contained in the listing are to be used, the buyer has an absolute right to instruct the seller to use someone else. 

Finally, if the buyer chooses to have it delivered by carrier, then the seller is the buyer’s agent for the purposes delivery, and as such, they are required to do everting reasonably practical to ensure it arrives safely, and having done all these things for the buyer, handing the goods to the carrier has the same effect as if the goods had been handed to the buyer – risk passes from the seller to the buyer. That is, handing the goods to the carrier has the same effect as if the buyer had gone to the place where the goods were located and picked them up.

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Is it just me or does the parts i underlined not quite right??? FYI i am not having a "go" at anyone, just want some clarification...