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i just won 3 seperate lots on ebay for nicorrete patches, of the same seller, he did not include the postage costs in his adverts so i email him, but he never replied, then after the auctions had finished, he sent me a invoice for �35.00 postage, royal mail 1st class recorded! this was for 6 small boxes weighing aprox 35 grams each, he then sent invoices for �20.00 x 2 for the other 2 lots i won. the total purchase cost for the 3 lots was �9.16 . after many email he still wants to charge me �50.00 for the 10 boxes in total, as he forgot to put a reserve on his listings! is it worth taking him to the small claims court?,
No best answer has yet been selected by STEVE5868. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.I would refer your complaint to ebay. I would cc the email to the seller and await their reply.
Ebay have been trying for some time to stamp down on unreasonable postage costs and this is a classic example.
In theory, because there were no postage costs shown I think its reasonable not to have to pay any!
I would try and calculate the maximum cost of postage for the 3 items together and then make a 'fair and final' offer to pay this amount to the seller. Also include this email to Ebay when you contact them.
Although I have purchased many items on EBay,I will never bid on any without postage,or until the seller has supplied me with the postage (no postage costs,no bid,is my motto).
However that doesn't help you does it!
I would take Mrs Pegasus good advice and contact EBay,they do not like (as she says) excessive postage;people use this(as you have found out) to recoup their losses.As for forgetting to put a reserve on, and then expecting you to cover it,that beggars belief!
Do not pay ANYTHING(if you have not already) until you have notified EBay. If you EMail him and make an offer that YOU are happy with,do mention that you are proposing to contact EBay about this.You never know how many people have complained about him before.
Good Luck!
From what I understand of the eBay User Agreement they will not like to involve themselves directly in this dispute because -
"Buyers automatically enter into a legally binding contract to purchase the item from the seller if they win the online auction-style listing or use the Buy It Now feature. eBay's Unpaid Item policy requires buyers to pay the seller for the items that they commit to purchase... [even if] after winning it you realise that the postage costs are more than you were expecting to pay."
Your possible get-out clause is to submit a report for Excessive Postage & Packing Charges
http://pages.ebay.co.uk/help/policies/listing-shipping.html
If eBay do not rule in your favour then the only other way for the transaction to be voided is for the Seller to file an Unpaid Item dispute in which they indicate that the transaction will not be completed by mutual agreement.
http://pages.ebay.co.uk/help/tp/unpaid-item-process.html
If the Seller will not agree to this course of action and you still refuse to pay then there is nothing you can do to appeal the Unpaid Item Strike or Suspension you may receive.
http://pages.ebay.co.uk/help/tp/appeal-upi.html
It may be worth the hit to your feedback rating (or even the loss of your account) not to succumb to this blatant extortion, after all the (multiple) listing error is entirely the Seller's responsibility.
As to how this would play in the Small Claims Court, I have no idea.
I just want to add in here that I charge 'extorntiate' charges for p&p.
I have just sold a load of stuff on ebay - and I always put on what my charges will be up front. As an example, I am selling some (expensive) pens which will cost me �3.75 to post. I have charged �6.99 p&p which takes into account the packaging (obviously) the paypal fee (�3.70) and my time to go to the post office. Last week I spent 42 minutes queing. If people don't like it, then they shouldn't bid. (But I would reiterate that I always put the postage in my listings)
To be honest Oneeyedvic I do not have a problem with a seller quoting an inflated p&p. I always bid according to the total price of the win and if the p&p is by itself over my limit I look elsewhere.
The issue here is that the seller is trying to include a 'forgotten' reserve price, which I believe was a genuine error since the description did say (in part)
"THESE PATCHES SELL FOR 34.99 IN THE SHOPS... THATS A TWO WEEK COURSE FOR LESS THAN HALF THE PRICE OF A ONE WEEK COURSE."
implying that there was an intended minimum price greater than that bid by STEVE5868, but since this was the seller's mistake they should either take the loss and put it down to experience or mutually agree to void the auction.
I do think that ebay will support you and condem the seller. However I think you'll be kissing goodbye to those patches.
I sell a bit on ebay and always quote the P&P which is always more than just the actual cost of postage as envelopes and completing certificate of posting costs my time not to mention I still have to pay ebay and paypal fees on top. I state clearly in my sales that I will not reduce the P&P and not to ask me to (they still do).
But I don't get it, when I'm bidding/buying I decide on a price based on what I think the item is worth to me including P&P. I get infuriated with people asking for a reduction.
Why don't you approach your GP for patches? I hope you're doing well with the 'giving up'.
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