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Sale canceled by the seller for no reason
A seller just sent me a refund for two auctions that I had won and paid for. Not a word of explanation, no reply to my messages asking why. Isn’t the seller required to honor the auction result, just as the buyer is required to complete their purchase? Is there a way to force the seller to send me what I bought and, if not, to penalize them?
6 comments
patrick-dj
OP3 years agoInteresting clarification, I'll make a note of it. So that means that eBay's statements like "by clicking here you agree to buy the item..." have no legal force. That's still a radical difference from "real" auctions, where the outcome is binding on both parties.
patrick-dj
OP3 years agoI totally disagree. For me, the result of an auction enga
patrick-dj
OP3 years agoI totally disagree. To me, the result of an auction binds both the seller and the buyer. EBay also clearly states that if a buyer wants to cancel their purchase, they must get the seller's agreement. So it should work both ways. If the auction is purely indicative, then the process has no value.
koalagris
Mentor3 years agowhether you agree or not, that doesn’t change anything...
and in your counterexample, whether the order is cancelled or not will NEVER force a buyer to pay for their purchase, and likewise no one can force a seller to ship their item, not to mention that there is no loss since it was refunded.
it’s a mistake to assume the item is yours just because you won the auction: that will only be the case when the item is delivered to you.
lingma85
Mentor3 years agoHello @patrick-dj
You write-----> "I completely disagree. For me, the result of an auction binds both the seller and the buyer"
Actually, by placing your bid, you are offering the seller to buy their item at the price you specify; it is up to them, then, to accept it or refuse it....
Also... the DGCCRF has given a simple explanation of online auctions... See here----->
Auctions on the internet: sellers do not always meet their obligations | economie.gouv.fr
where there is this paragraph, which is important in light of your opinion--->
The seller is free to choose their buyer, so it is not automatically the last bidder who wins the sale. Buyer and seller remain free to contract on whatever terms they wish. Thus, when the auction closes, the transfer of ownership of the item is not automatic and the price can be renegotiated. Neither the buyer nor the seller is bound by their initial offers.
Therefore, the site does not guarantee that the transaction will take place and thus plays only a limited role in bringing people together. Potential seller and buyer have the option to back out and therefore do not have certainty that a deal will be concluded.
It would therefore seem that if eBay gives sellers the freedom not to "give away" their item, it is in line with the legislation governing this form of sale.
Regards
*miss-tigri*
Mentor3 years agoIt goes both ways: You can't force a seller to complete a sale just as you can't force a buyer to pay for their purchase ....
Better that than having to open a dispute for item not received because they won't have shipped it ..😉