Ebay, Buyer Has Not Collected

[RATTER15]

I sold 7 very large concrete balls on eBay to be collected by the buyer they weigh over 300kgs each. They were made specifically for him. I should have contacted him to say they were ready for collection, however, I wrote the email but it appears it wasn't actually sent as neither I nor he has any record of it, he is now claiming a full refund. I own up to not sending notification but it took him a further 4 weeks after they were ready for collection to make any contact, and then said he wants a full refund of over £500. It isn't easy to try to resolve this with eBay as all their advice lines only appear to cover items not delivered rather than not collected. I really don't want to be stuck with these balls, at that size they don't sell very easily and they take up a lot of room. Any advice please,

[murraymints]

caveat emptor I say..he ordered them surely he ought to have followed up the order ??

[RATTER15]

I think this guy just changed his mind, or else he would have contacted me to enquire about the balls or to arrange collection, I think he is just trying it on, but not sure how eBay will see it.

[murraymints]

that's tough really..he made the collection arrangement..you have satisfied your end of the deal..maybe sound out trading standards before you raise a case with ebay...

[RATTER15]

He is saying that I never fulfilled my end of the deal as I never notified him that they were ready for collection. I know I wrote the message to him but it appears I never sent it.

[murraymints]

I would think responsibility for notification/enquiring works both ways and this was a bespoke order... you were contracted to make the balls..and you did..see what TS say but don't be to accommodating regarding the email..stand your ground

[murraymints]

he knew they were being made and I think he is being rather disingenuous in his response

[barry1010]

An online buyer has the right to a full refund at any time before delivery / collection and up to 14 days after receiving the goods just because he changed his mind.
There is an exception - if the item was personalised or custom made.
You could claim that they are custom made but the seller will argue about it.
Do you list sizes available on your eBay advert? Are these balls specifically mentioned?

[barry1010]

Did you give him a time scale as to when the balls would be ready? You say he didn't contact you for four weeks after they were ready - but he didn't know that because you didn't send him the email.
Was he expecting them to be ready a month ago?

[THECORBYLOON]

There are various sizes available on eBay so was this order bespoke or was it one of various sizes to choose from?

If it was an option and not made in a size only for that order, I would say he has a right to cancel and receive a refund.

[wolf63]

Does this mean that your buyer has no balls?

[davebro]

er - what do you DO with a 300kg concrete ball?

[RATTER15]

I do make different size balls, but the 300kg balls are rarely sold and he wanted 7 of them, they won't be easy to sell on.

[RATTER15]

davebro, they are usually used for bollards or as sculptures.

[jno]

make a 1000kg bat and offer the lot to Lord's as an installation artwork?

[Dagman]

Can there be a compromise? Could he take them at reduced cost where you break even with the threat of taking it further if not? They sound a bit specific so surely he hasn't got them elsewhere and wants them.

[THECORBYLOON]

How much is the postage for 2.1 tonne?

[RATTER15]

jno. Balls I can make, bats I cannot. lol

Dagman, I really dont think he wants them, the collection will be very expensive and I now think he realises how expensive.

[THECORBYLOON]

Ignore my question since it's collection.

[jno]

if eBay is no help, you could always sue under ordinary contract law: you made a deal, you acted on it, he welshed on it.

[ToraToraTora]

sorry but eBay will find in his favour because of your lack of communication. He could rightly say he got them elsewhere because of your tardiness. TBH eBay favour buyers anyway but in this case I think they'd be correct.