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Post Posted: Wed Feb 24, 2010 7:01 am 
 

faro wrote:
This.

If seller lists twice by accident and buyer A purchases first, but buyer B pays first, it's the seller's responsibility to resolve any contract issues arising, with eBay's assistance if required. An eBay contract does not, however, directly equate to transfer of legal ownership/title to goods, per http://pages.ebay.com/help/policies/user-agreement.html .
If the seller then tells buyer B the circumstances and buyer B offers to pay for the other item buyer A has won if they do not wish that any more, believing that having paid first means that they now have legal title to goods on the other two items, it is again the seller's responsibility to resolve that matter. The obvious answer should be a firm "no".

Buyer B exacerbating the matter by overstepping is secondary to the seller's performance issues and certainly less "shady" (given the above scenario) than other observed behaviors where, for example, there is only a single listing and a third party armtwists the seller to cancel and refund payment on a completed contract.

02c/ymmv, anyhow...




The seller certainly has a high level of culpability in this, however Pipswich actions then and know damn him just as well.  Lies after lies after lies.  It's pretty much all he does.



It's really pretty pathetic.


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Post Posted: Wed Feb 24, 2010 8:09 am 
 

This thread sucks when the wife walks by and sees one of your browser tabs reads "let the spankings begin" and assumes you're on an entirely different type of website...  :x

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Post Posted: Wed Feb 24, 2010 8:21 am 
 

Gus Landt wrote:This thread sucks when the wife walks by and sees one of your browser tabs reads "let the spankings begin" and assumes you're on an entirely different type of website...  :x

:lol:  :lol:  :lol:


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Post Posted: Wed Feb 24, 2010 8:26 am 
 

Sorry, but   :lol:  :lol:    I haven't chuckled like that for a while! Thanks Gus   :wink:


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Post Posted: Wed Feb 24, 2010 8:28 am 
 

BURP!


awww....... that was nice. :D


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Post Posted: Wed Feb 24, 2010 10:09 am 
 

Actually,  BC you are definitely right about one matter.  Although after 18 months, I expect most of us might make a similar error, it was mine.

Regarding not getting an item I won, I was incorrect.  Rather than an item that I initially "won", I did not get an item and/or items that I agreed to buy during the initial discussion of other available work.  (Song of Roland)  I believe misterspock ended up with that in her negotiations with him which should have settled the matter.

The rest of your post is flame trolling opinion and defamation.  His own emails show he did not pay immediately.  Meanwhile, the items had been bought and paid for.  Whether it was her error, or ebays... he was promptly notified and negotiated a deal for some alternative pieces.  He did that in good faith.  Your second statement is clear defamation as I have a completed the contract in good faith and according to all terms.  He and you just don't like it.  Lay off your little tirade.

By the way, do you collect anymore?  Are you simply angry at those who do?  Or, maybe you created a new account(s) to hide your activity?  Which is it?  Sour grapes or trying to hide?


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Post Posted: Wed Feb 24, 2010 10:15 am 
 

Pipswich wrote:Your second statement is clear defamation as I have a completed the contract in good faith and according to all terms.  He and you just don't like it.  Lay off your little tirade.

Bullshit!
Pipswich wrote:By the way, do you collect anymore?  Are you simply angry at those who do?  Or, maybe you created a new account(s) to hide your activity?  Which is it?  Sour grapes or trying to hide?

WTF has this got to do with the price of apples?


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Post Posted: Wed Feb 24, 2010 10:51 am 
 

Pipswich,

bclarkie (again) and misterspock have shown beyond a doubt that you are comfortable getting what you want by any means necessary. Underhandedly, you got the art.  You have secured some other items in an underhanded way as has been documented.  Now do the right thing and leave the forums and don't let the edoor hit you in the ass.

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Post Posted: Wed Feb 24, 2010 10:52 am 
 

Gus Landt wrote:This thread sucks when the wife walks by and sees one of your browser tabs reads "let the spankings begin" and assumes you're on an entirely different type of website...  :x


Gus,

If you were a fast thinker, you may have been able to make that Tab work for you.   :lol:

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Post Posted: Wed Feb 24, 2010 10:53 am 
 

Pipswich wrote:The rest of your post is flame trolling opinion and defamation.  His own emails show he did not pay immediately.  Meanwhile, the items had been bought and paid for.

Per the link above, an eBay contract does not directly equate to transfer of legal ownership/title to goods. You won an auction with associated contract terms and sent money: that is not the same as acquiring legal possession to goods.
There is also not, as far as I know, any "whoever pays first" rule in the terms of that contract.

Suffice to say a very large percentage of buyers on eBay do not understand contract law; which is why I emphasised that this particular scenario with conflicting contracts is a world apart from a scenario where there is only one, clear contract and a third party armtwists the seller into breaking that contract for goods that are paid for, parceled and ready to go out the door.

Pipswich wrote:Whether it was her error, or ebays... he was promptly notified and negotiated a deal for some alternative pieces.  He did that in good faith.

Since none of us appear to have the full story and there is inevitable slant both ways (at a 1 1/2 year remove), it's probably pointless to dig further.
The stated intention is to "take you down a peg" and whereas there are a good number of other people who deliberately step over the line in dubious behavior - both acquisitive and in selling, either for themselves or others - they are generally better at hiding that, or at least not digging a deeper hole for themselves.


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Post Posted: Wed Feb 24, 2010 10:55 am 
 

faro wrote:
This.

If seller lists twice by accident and buyer A purchases first, but buyer B pays first, it's the seller's responsibility to resolve any contract issues arising, with eBay's assistance if required. An eBay contract does not, however, directly equate to transfer of legal ownership/title to goods, per http://pages.ebay.com/help/policies/user-agreement.html .
If the seller then tells buyer B the circumstances and buyer B offers to pay for the other item buyer A has won if they do not wish that any more, believing that having paid first means that they now have legal title to goods on the other two items, it is again the seller's responsibility to resolve that matter. The obvious answer should be a firm "no".

Buyer B exacerbating the matter by overstepping is secondary to the seller's performance issues and certainly less "shady" (given the above scenario) than other observed behaviors where, for example, there is only a single listing and a third party armtwists the seller to cancel and refund payment on a completed contract.

02c/ymmv, anyhow...




The seller screwed up, big time. S



Specifically (If I read Mr. Spock's cut-and-paste correctly) she threatened to put you under a time frame to sell an item, OR sell to another. By your post, it seems that her goal was to sell the artwork, and customer service came second.



That's the problem I have with this scenario at the moment.


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Post Posted: Wed Feb 24, 2010 11:12 am 
 

Pipswich wrote:The rest of your post is flame trolling opinion and defamation.


Erm, actually, you need to reverse the words to "troll flaming".
You know, Pip, this thread would have died long ago if you had just said "Yep, I snaked them". Your character has already been established; you won't be able to sway any opinions regardless of what you say.


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Post Posted: Wed Feb 24, 2010 11:29 am 
 

Invincible Overlord wrote:Specifically (If I read Mr. Spock's cut-and-paste correctly) she threatened to put you under a time frame to sell an item, OR sell to another. By your post, it seems that her goal was to sell the artwork, and customer service came second.

Reads that way by attempting to carry out private sales at top speed, slap bang in the middle of a contract dispute, judging by the stated timings.

Aside from their huge discount for combined shipping fees (which is the way I'm reading those $165 -> $145/150 differences on the invoice and payment shown on the third page of this thread, which was initially confusing as the former was the stated as the relist sale price not the original and it's unclear still whether or not "best offer" was involved in these), there's not much good to be said for the seller's behaviors as presented in this thread.

Prufrock wrote:Now do the right thing and leave the forums and don't let the edoor hit you in the ass.

Martin; this community stands by those who have done far worse (both legally and ethically) and supports more dubious behaviors (from my p.o.v., at least) than anything thus far cited in this thread. Is there some sort of "kick the outcaste out" forum rule that I'm unaware of?
If anyone wishes to start such a thread on a level playing field basis, feel free.


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Post Posted: Wed Feb 24, 2010 11:40 am 
 

RaisedFromTheDead wrote: .....You know, Pip, this thread would have died long ago if you had just said "Yep, I snaked them". Your character has already been established; you won't be able to sway any opinions regardless of what you say.


I partially disagree with you in that Pip did change some opinions, or at least one; my unasked for opinion has most definitely changed because of this thread.

A few days ago, I was thinking the deal was almost OK and that perhaps the original buyer simply lost out to another bidder. :oops:
That is until I read this thread and watched as Pip destroyed himself. :roll:
Now I know better.

Yet, even though Pip has now made a name for himself that may never be reversed; I still feel that MOST of the blame in this case MUST be placed at the feet of the seller.
She did wrong by second selling E-Bay listed items that had already been BINed by another buyer (It matters not that the first buyer did not pay IMMEDIATELY either; we all ask sellers for combined shipping for multiple wins on E--Bay) and yet she second sold the listings anyway, and she did so off the record behind the curtain...
Which tells me that she is (was) not opposed to using underhanded selling practices.
And then she compounded her error (whether intentional or not before that point) and her level of guilt by NOT correcting that second selling problem after she was asked to do so (nicely mind you) by the original buyer.

Greed has a way of making people do stupid crap.


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Last edited by Gnat the Beggar on Wed Feb 24, 2010 11:48 am, edited 2 times in total.
  

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Post Posted: Wed Feb 24, 2010 11:46 am 
 

faro wrote:Martin; this community stands by those who have done far worse (both legally and ethically) and supports more dubious behaviors (from my p.o.v., at least) than anything thus far cited in this thread. Is there some sort of "kick the outcaste out" forum rule that I'm unaware of?
If anyone wishes to start such a thread on a level playing field basis, feel free.


No there is no "kick the outcaste out" rule.  I'm sick of his behavior is all.  This is not his first "rodeo" and it will not be his last.  I agree with RaisedFromTheDead, if he would just own up to it.  But instead, he provides his "I have the art, therefore I'm right" defense.  He's a sniveling little wretch of man.

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Post Posted: Wed Feb 24, 2010 12:13 pm 
 

Just to let you all know, I did take the seller to task on this. I absolutely laid the blame squarely with her. However, I wanted to demonstrate Pip's involvement in this.

As was mentioned before, Ebay is not in the business of enforcement. I can't speak to the UK or other countries, but in the U.S. ultimately state law governs contract disputes.

  


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Post Posted: Wed Feb 24, 2010 12:24 pm 
 

Prufrock wrote:
No there is no "kick the outcaste out" rule.  I'm sick of his behavior is all.  This is not his first "rodeo" and it will not be his last.  I agree with RaisedFromTheDead, if he would just own up to it.  But instead, he provides his "I have the art, therefore I'm right" defense.  He's a sniveling little wretch of man.

Martin


Amen to that...


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Post Posted: Wed Feb 24, 2010 1:09 pm 
 

misterspock wrote:Just to let you all know, I did take the seller to task on this. I absolutely laid the blame squarely with her. However, I wanted to demonstrate Pip's involvement in this.

As was mentioned before, Ebay is not in the business of enforcement. I can't speak to the UK or other countries, but in the U.S. ultimately state law governs contract disputes.


Pip's ebay practices are agressive and borders on predatory.

If he wants something, he's going to try and get it.

And he's done nothing to dispute this.

<shrug>


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