threats from ebay buyer

[MarillionFan]

This smells of crap.

That'll be your underwear. You need to change it more than once a week.

[Churchill]

That'll be your underwear. You need to change it more than once a week.

0/10. Btw, haven't you got some ladies to insult/charm in your own unique manner?

As for the rest of you believing the crap that Diesel is posting, I despair.

[Incognito]

Ah obviously you haven't found time to think. So let me spell it out for you.

If you sell goods it is not worth the effort of arguing and disputing with the customer, when it takes a couple of seconds to give the money back, and you sell it to the next punter.

In other words it aint worth it.

No that's not why they do it. Quick basics on law of contract.

I want to sell something, lets say a 2 for 1 voucher, I offer it for sale at £50 (this is called invitation to treat)
You come along make and say 'I'll buy that for £50' (this is called the offer, the 2 for 1 voucher and the £50 is the 'consideraton').
I say 'done (this is acceptance).

Binding contract. Doesn't matter if this is a private transaction between two individuals or me going into Dixons and buying a TV. This is how it was for hundreds of years. Now we're in the EU, it changes slightly as we have to introduce European consumer protection directives into UK law.

Most important statute in contract, The Sale of Goods Act 1979 [SGA].

Four main protections for buyers:

1. The seller must have the right to sell the goods ( S.12)
2. Goods sold by description must correspond to the description (S.13)
3. Goods must be of satisfactory quality (s.14)
4. Goods sold by sample, the goods must correspond to the sample in quality (s.15)

Point 4 relates to goods sold in the course of a business (just so you completely understand the distinction this means NOT sold by a private seller, however S.15 is not important to your quick round education).

Moving on to buying from a business (note BUSINESS) the SGA is reinforced by the Unfair Contract Terms Act 1977 [UCTA]. Note, S.1(3) of UCTA defines a business as:

(3) In the case of both contract and tort, sections 2 to 7 apply (except where the contrary is stated in section 6(4)) only to business liability, that is liability for breach of obligations or duties arising—

(a)from things done or to be done by a person in the course of a business (whether his own business or
another’s); or

(b)from the occupation of premises used for business purposes of the occupier;

and references to liability are to be read accordingly but liability of an occupier of premises for breach of an obligation or duty towards a person obtaining access to the premises for recreational or educational purposes, being liability for loss or damage suffered by reason of the dangerous state of the premises, is not a business liability of the occupier unless granting that person such access for the purposes concerned falls within the business purposes of the occupier.

They make the distinction between private and business sales for a reason. In private sales a seller can exclude liability for the terms contained in the SGA. However, in business sales the exclusion of liability is subject to UCTA. S6 of UCTA provides that a business can never exclude liability arising from ss12-15 of the SGA in a consumer sale, so for instance when you sell a private car and put on the receipt "sold as seen and inspected" you are actually excluding S.13 . A trader (i.e. a business) is not allowed to do that.

**This bit is really important**

Part 5A of the SGA provides for 'ADDITIONAL RIGHTS OF BUYER IN CONSUMER CASES' (the clue is in the name) and gives the consumer additional rights when buying from a business, i.e. NOT FROM A PRIVATE SELLER

So whilst shops don't have to exchange items if you change their mind (* I'm not going to confuse you here by mentioning the Distance Selling regs), however they do have to replace or repair items not as described and/or faulty.

[TestMangler]

i decided to make ebay aware of the situation, with regards to the harrassment etc, and the claims by this idiot that ebay support, and that he really demanded that i end my sale to go private and suspect he may be a con man.
I also made it clear that under the DPA ebay cannot release my contact details to anyone.

Well done. You've also broken the Ebay user agreement (which you signed up to whether you like it or not) by completing a sale outside ebay. For your future reference, you also waived your right to data protection by agreeing to EBay's terms and conditions, in as much as they can (and will) release your contact details to anyone who you have carried out a transaction with either as a buyer or a seller.

Please keep your faith in Ebay and the DPA close to your heart while your buyer is knocking f**k out of you.

Alternatively, give him his money back and stop doing really stupid things, like trying to sell discount vouchers

[Incognito]

I also made it clear that under the DPA ebay cannot release my contact details to anyone.

That's incorrect and nobody on here has told you that.

[EternalOptimist]

Incognito, that's all very clear, but what about looters rights? ar they covered by european legislation ?

for example, If I get something out of Halfords window and its faulty (as above) , can I go straight to the manufacturer to rob another one, or do I have to go to europe ?

[MarillionFan]

0/10. Btw, haven't you got some ladies to insult/charm in your own unique manner?

Yes Churchill I do.

You don't sweat much for a fat chick do you?

[Incognito]

Incognito, that's all very clear, but what about looters rights? ar they covered by european legislation ?

for example, If I get something out of Halfords window and its faulty (as above) , can I go straight to the manufacturer to rob another one, or do I have to go to europe ?

No idea, take it back to Halfords and let me know in 18 months how it worked out for you.

[Churchill]

Yes Churchill I do.

You don't sweat much for a fat chick do you?

Try specsavers. Either that or blowing the coke off your glasses.

[diesel]

That's incorrect and nobody on here has told you that.

why is this incorrect?

Ebay has a link to report messages that are threatening or SPAM - what is wrong with me reporting the messages from this person?