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The Chip Board Archive 03

Re: Auction cancellation
In Response To: Re: Auction cancellation ()

Michael,

We've already banged heads on this one, so I'm going to limit myself to this last post on the topic.

Michael wrote <If the User Agreement actually was meant to be interpreted as disallowing seller cancellations "on a whim", then this text would not appear on the "Ending Your Auction" page.>

Well, I'll just read the User Agreement and see what it says . . .

"5.2 Binding Bids. Except for items listed in a category under the Non-binding Bid Policy, if you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity."

Now before someone says that by canceling the bids and ending the bidding there is no highest bidder so the Seller isn't bound, I make the following points:

1. There is no provision in the User Agreement for the cancellation of a bid by a Seller.
2. This interpretation would effictively make the entire clause meaningless.

The idea that something written on another page on the website can change the terms of the contract between the user and Ebay is struck down by the terms of the agreement itself in Paragraph 19 we find the following language . . .

"This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof."

Ebay is a party to the contract, there is no reason to assume that they have special powers to interpret the agreement.

In any event though since Ebay refuses to enforce the User Agreement, and nobody is going to do anything about it, the bottom line is that Seller's may cancel auctions at whim, and they may use fraudulent descriptions and hide behind private auctions.

Which is why I urge CCGTCC members to include their membership number in auction descriptions, because I'd rather deal with someone who is has demonstrated his concern for this hobby.

And that is all I have to say about that...

Messages In This Thread

Auction cancellation
Re: Auction cancellation
Re: Auction cancellation
Re: Auction cancellation
Re: Auction cancellation
Re: Auction cancellation
Re: Auction cancellation
Re: Auction cancellation
Touché!!! (eom)
Re: Auction cancellation
Re: Auction cancellation
Re: Auction cancellation(Ethics, again)
Re: Auction cancellation(Ethics, again)
Re: My mistake
Re: Auction cancellation
Re: Auction cancellation
Re: Auction cancellation
Here's another nice mess...
Re: Auction cancellation
Re: Auction cancellation

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