[meteorite-list] no scam/no fraud/ just a trade

From: Martin Altmann <altmann_at_meteoritecentral.com>
Date: Sat, 22 Aug 2009 02:15:04 +0200
Message-ID: <009801ca22bd$99ad8690$177f2a59_at_name86d88d87e2>

Well seems, that we are a little bit more advanced in Germany.

Here in Germany to set up an auction on ebay is the expression of the will
of the seller to offer a buying contract.
That offer is binding, full stop.

No matter, what the rules on the ebay pages are telling.

If the seller cancels the auction before ending, the item has to go to the
current highest bidder.

Was sentenced by several courts.
(E.g.
OLG Oldenburg, Urteil vom 28.07.2005, AZ: 8 U 93/05
LG Berlin, Urteil vom 20.07.2004 - AZ: 4 0 293/04
KG Berlin am 25.01.2005, AZ 17U 24/04
And so on).

So in Germany it wouldn't only have been fraud seen from an ethical point of
view to accept a better offer outside of ebay,
but it also would have been clearly fraud according the laws.

Laws are laws....To me it's a question of common sense not to make any
business with such unethical persons.

(and anyway as a dealer I never could sell to or buy from such persons, as
it would be harmful to our reputation. What would our clients think, if they
would get to know, that we gave meteorites to a Steve Arnold Chicago... !)

Best!
Martin







-----Urspr?ngliche Nachricht-----
Von: meteorite-list-bounces at meteoritecentral.com
[mailto:meteorite-list-bounces at meteoritecentral.com] Im Auftrag von
Mexicodoug
Gesendet: Freitag, 21. August 2009 22:59
An: Meteorite-list at meteoritecentral.com
Betreff: Re: [meteorite-list] no scam/no fraud/ just a trade

Hi Dirk,

Regarding your disappointment in Steve for the very nice 1.2 kg "Jalu",
it is worth it to review the requirements for the unmentionable:
Backing out on eBay:

eBay Auction Cancellation (General)

Sellers rights: eBay earns the insertion fee from the Seller and won't
prohibit Sellers from canceling their auctions/bids.

Buyers rights: Buyers cannot cancel their bid (eBay would lose the
final value fee) except within one hour of making a typo.

Steve is within his rights, and the only ethics that drive eBay's
policy is: OK if it gives eBay income. If Steve used eBay to taunt
his trade partner into jumping, he just paid for an insertion and broke
bidders hearts with an ulterior motive (we don't know the motivation,
but it seems likely given the situation). But if whoever Steve traded
with also bid in the auction, that would be a transaction off-eBay and
they could suspend Steve.

Sorry, Dirk, I am sure many feel your frustration and hopefullty it is
over. You've been Star-Kist: Honor doesn't mix with eBay management,
there's always a twist at the expense of good faith of others
benefitting eBay's bottom line - and this is mostly eBay's doing.
Also, it takes two and if the other is an IMCA member ...

http://www.youtube.com/watch?v=_El2_enNFaI

There is one caveat. Steve mentioned in the auction (twice!!):

"I WILL RUN FOR 5 DAYS SO GOOD LUCK.I will start the bidding at $1 and
let it go for 5 days."

So you believed Steve. :-) Fool me once, shame on you, twice, shame
on who???
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Received on Fri 21 Aug 2009 08:15:04 PM PDT


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