[meteorite-list] eBay shipping

From: E. L. Jones <jonee_at_meteoritecentral.com>
Date: Mon Jan 3 05:03:07 2005
Message-ID: <41D9185B.7020102_at_epix.net>

Hello Dave,

I understand you've finished dealing with him but here is what I have
used in similar circumstances.

Ebay dosen't want to hear from you as a buyer so they don't have an
email address for auction disputes. It has to be done through a
deliberate bottle neck via their website. One can only respond to their
prelimited topics-- excessive shipping isn't one of them for a completed
auction.

It is my position that when a seller doesn't disclose the shipping in
the auction and chooses to gouge the shipping, there isn't a "meeting of
the minds" as is said in contract law. Therefore the "contract" has a
defect and is unenforceable. Ebay says that a buyer should expect to pay
a reasonable shipping and handeling fee when the amount isn't disclosed
before hand. Ebay dosen't expound on what is reasonable. Ebay has
avoided acknowledging the "meeting of the minds" principle by basically
not addressing it in their admonishment that the auction is a binding
contract.

While Ebay frowns on excessive shipping charges or so they say, they
have also made it 99% impossible to report it and 99.999% to gain
relief. So, I tried a new angle in my "About Me page". I have placed a
condition/disclaimer in my "about me" page which I argue is as much a
part of the "contract" as the seller's conditions stated in the auction
proper or on their "about me" page. I state that it is the seller's
responsibility to review my terms as a buyer and to cancel my bid if
they can't live with my condition. My terms include the right to cancel
my participation in an auction if I, alone, determine that the sellers
shipping or handling charges are excessive.

Other than bragging rights and the obstinence/bluff position it garners,
what I have done may have little effect but could make for interesting
e-commerce contract law precedence. I have used it twice now and the
seller either revised their shipping costs or else canceled the auction.

One particularly obstinate seller stated he had a "flat shipping charge"
but didn't disclose it's amount in any of his auctions nor did he
answer emails when I asked how much. It was a $1 item so I bid anyway
and won at the $1 level. Seems the "flat charge" varied with the auction
as I found when talking to other buyers. I didn't push the excessive
shipping clause and paid for the auction--I neded the item. In this
case, the seller sent the wrong item and expected me to fund the return
out of my pocket. So I sent him my itemized costs to return it and
demanded the auction be canceled, given he took a month to ship the
wrong item, etc. I even opened a Square Deal Case (<--What a joke!). I
only got my auction refunded after enlightening the seller as to his
violations of mail fraud and mail order laws. I, too, got negative
feedback, but I landed far better blows than what I got. I had several
would be bidders write me about my dealings with him. From what I can
tell, he has lost more business by my feedback then the $15 overcharge
he tried to get from me. So Welcome to the Club of Negative Feedback
Owners. I figure I was going to lose my virginity eventually and I am
glad I got it over with.

Elton

Dave Harris wrote:

>Hi,
>Just a bit of advice wanted...
>I have just won a mineral specimen on eBAy - it had a "Buy it now" of $65
>but no reserve so I won it for $1.
>
 <snip>

>I have trawled eBay for a decent email address to write to but I am buggered
>if I can find one - any one out here can help?
>
>
>dave
>Sec.BIMS
>IMCA #0092
>
>
>
>
>______________________________________________
>Meteorite-list mailing list
>Meteorite-list_at_meteoritecentral.com
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>
Received on Mon 03 Jan 2005 05:03:07 AM PST