That's okay, i've never relied upon you for my entertainment and I don't think I'm going to start doing so now.
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Any Lawyers?? E-Bay Question!
- Thread starter joegeezer
- Start date
That's okay, i've never relied upon you for my entertainment and I don't think I'm going to start doing so now.
Actually (now that you mention it) this is my first thread mod attempt.
joegeezer,
For the sake of clarity, was this the wrong item, as in different from the pictured item, or
did you receive the pictured item, but the seller didn't know what he/she had, as in the text was wrong?
For the sake of clarity, was this the wrong item, as in different from the pictured item, or
did you receive the pictured item, but the seller didn't know what he/she had, as in the text was wrong?
bongomania
Commercial User
Not the honest folks, just the high and mighty big talkers who put other people down.
I don't equate "claims of integrity" with "actual integrity", whereas I have seen a lifetime of loud, righteous "claims of integrity" turn out to be a sham. That's where that came from.
Again, that is no slight on honest people, or even people who speak up for honesty as the best policy, as long as they do it without a puffed chest and fist pounding on the table.
You mean like calling me "jaded, mistrusting, paranoid and put yourself into an early grave"?
Whatever, dude!
I totally agree with that. And I hate the thought of coming off that way and don't think I did, but i do have strong feelings about this kind of thing. There is a lot of trust put into deals online and it really bothers me to see people taking advantage of it.
I'm just quoting myself for context.
This is more of a philosophy than saying that you in particular are those things;...however, If it walks like a duck and talks like a duck,....
dude
It's great you have been able to judge my character this way.
Sorry to be judgmental even though I said myself I have no right to be,...I'm just going to stop there,...I'm not making myself look good and I'm probably on thin ice as it is,...so yeah.
I'll deal with any fallout in the morning.
bongomania
Commercial User
Much as I hate the thought of coming off as supporting wrongdoing. There's so much room for misinterpretation of tone and intention on the web. I'm sorry if I read you wrong.
looking at this, i would say that technically, you aren't screwing the pawn shop, your screwing the guy that just dropped a grand for a bass. the pawn shop got all the money he was requesting.... I've always been one to take advantage of situations, but only with ease. If the guy that bought a 1k bass gets the one you bought, and then doesn't realize that he didn't get his 1k bass by playing it...honestly, i think he deserves what he got.
Kinda reminds me of little johnny who's daddy bought him the stingray to learn mary had a little lamb while he was in 4th grade. What he doesn't know wont kill him...
Sit on it until you get contacted. thats what i would do, at least for 6 months. After that....good buy....or...bye!
Kinda reminds me of little johnny who's daddy bought him the stingray to learn mary had a little lamb while he was in 4th grade. What he doesn't know wont kill him...
Sit on it until you get contacted. thats what i would do, at least for 6 months. After that....good buy....or...bye!
Okay here's the deal (at least in the UK, but I am pretty sure it will be the same in the US):
1. If the goods the guy sent you were the goods that you contracted to buy, but they are actually worth 10 times what you paid for them, then they are yours. Two people can agree to buy or sell something at a value other than market value. In the absence of any mitigating circumstance (ie undue influence etc) then its just the nature of the deal and you scored well on a smart buy.
2. If the goods the guy sent you were not the goods you contracted to buy (ie the vendor has made a mistake), then you are not entitled to keep the goods. There was no legal intention on his part to sell the item he sent you to you for the price you paid. Therefore there was no contract concluded for the item you received and you do not own it. Now, there are some legal defences to having to return them (for example if you relied on the goods being correct to your detriment), but given you know that it is not the goods you purchased (and you have written about it on the internet), if you were sued, you would probably lose and the goods would have to be returned. Now, the cause of action for this will last for, around 6 years from the date he sent you the goods. Which means, any time in the next 6 years, the seller could make a legal claim for you to return them. You also would have a claim against the seller to send you the goods that you contracted to buy.
Now, whether or not you care that you could be sued for there return is really a call for you, but technically the thing you have is not yours and your obligation is to return it.
1. If the goods the guy sent you were the goods that you contracted to buy, but they are actually worth 10 times what you paid for them, then they are yours. Two people can agree to buy or sell something at a value other than market value. In the absence of any mitigating circumstance (ie undue influence etc) then its just the nature of the deal and you scored well on a smart buy.
2. If the goods the guy sent you were not the goods you contracted to buy (ie the vendor has made a mistake), then you are not entitled to keep the goods. There was no legal intention on his part to sell the item he sent you to you for the price you paid. Therefore there was no contract concluded for the item you received and you do not own it. Now, there are some legal defences to having to return them (for example if you relied on the goods being correct to your detriment), but given you know that it is not the goods you purchased (and you have written about it on the internet), if you were sued, you would probably lose and the goods would have to be returned. Now, the cause of action for this will last for, around 6 years from the date he sent you the goods. Which means, any time in the next 6 years, the seller could make a legal claim for you to return them. You also would have a claim against the seller to send you the goods that you contracted to buy.
Now, whether or not you care that you could be sued for there return is really a call for you, but technically the thing you have is not yours and your obligation is to return it.
- Mar 9, 2005
- 1,946
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- Avatar Club#12 Eden Club Lucky# 13--USA Peavey Club#37 Carvin Club#5
OK all you guys who think I'm being a jerk. I called the guy at the pawnshop today. I told him what he had done and what he had sent me. The guy was an absolute jerk about it, and when I asked him how about refunding me my 40 bucks shipping for being such a nice guy for calling you and alerting you to the mistake, which he didn't have a clue about, he won't even give me my 40 bucks shipping for saving him at least 500 bucks. Now do you still think I should let him have it back. When I first called him he was just a jerk, till he found out he had made a big mistake and I was going to let have it back. Then he changed his tune a bit, but still refused to even refund my lousy 40 bucks shipping. Typical pawn shop jerk!
First let me apologize; especially to curandero, for that bit of passive aggressive lashing out. I was a little peeved at an isolated incident completely unrelated. As of yet no fall out has occurred,...but I'm still a little on guard,...and will accept whatever I deserve karma wise.
Going off of Latimour's post,...yes I do think you should let him have it back. The pawnshop owner's lousy customer service doesn't change the fact that someone else out there is probably contacting the seller concerning a missing $1000 purchase.
To add insult to injury,...I guarantee that the pawnshop owner will be kissing the other party's hind quarters. That's how it works,...he made a grand off one guy and $100 off of you,...why would he give you the time of day. The only thing you can do is make it harder for him to resolve the issue.
Bummer about the 40 bucks. Yeah the guy is a jerk. I'd expect karma to take care of that on it's own in the form of PO'd customers and him shutting down his business due to poor customer service. I'd leave negative feedback or complain to ebay if your miffed.
Going off of Latimour's post,...yes I do think you should let him have it back. The pawnshop owner's lousy customer service doesn't change the fact that someone else out there is probably contacting the seller concerning a missing $1000 purchase.
To add insult to injury,...I guarantee that the pawnshop owner will be kissing the other party's hind quarters. That's how it works,...he made a grand off one guy and $100 off of you,...why would he give you the time of day. The only thing you can do is make it harder for him to resolve the issue.
Bummer about the 40 bucks. Yeah the guy is a jerk. I'd expect karma to take care of that on it's own in the form of PO'd customers and him shutting down his business due to poor customer service. I'd leave negative feedback or complain to ebay if your miffed.
No sense in just eating $40. Did the guy send you what you actually bought? Will he be sending it to you? That's what you paid the $40 for. If he's not going to follow through and send you what you ordered, I'd hold the wrong item as ransom until the shipping fee for your item that wasn't shipped is credited back. And have him send you a pre-paid box in which to return the wrong item to him. You've been honest with him and came clean -- now it's time for him to correct his mistake with all parties involved.
But if he DID send you the item you ordered -- different story. You didn't by any chance received BOTH items, did you? I'd still have him send you a pre-paid box, though.
First I'd try getting the money back, as it was his mistake not yours. If he won't comply and you don't want to take it further..
Do the right thing for you, send it back (therefore you cannot get into any trouble, considering he sounds a jerk, smart move), and then leave negative feedback on eBay telling he ripped you out of 40 bucks.
Then feel free to tell anyone who cares (like internet forums) about the 40 bucks and try to make sure someone else doesn't get ripped off.
Do the right thing for you, send it back (therefore you cannot get into any trouble, considering he sounds a jerk, smart move), and then leave negative feedback on eBay telling he ripped you out of 40 bucks.
Then feel free to tell anyone who cares (like internet forums) about the 40 bucks and try to make sure someone else doesn't get ripped off.
That way the item gets to him, and you don't have to pay for shipping. If he denies, cool for you! You get to keep the item.
Well, for me it would be simple. If he wants it back, he'll either come get it or pay to have it shipped back. I can't imagine why anyone, jerk or not, would have a problem with that.
I would hold onto it and see what happens. Don't sell it. Give the seller time to realize the mistake. See how he wants to handle it. If he doesn't contact you in a few months then its his loss. Yeah I can see why people would think it was dishonest to keep it. But Its their fault for sending you the wrong item. And consider that a lesson learned. PAY ATTENTION!!! If you keep it I chalk it up to the cost of education for the shipper. Bet they will pay better attention next time.
