Question
Per eBay rules, we reserve the right to reject winning bids from any user with hidden information or negative feedback, or from users who have violated the terms of any of our past auctions.
anybody else seen these ebay rules ?
Answer
A guess would be here:
http://my.ebay.com/ws/eBayISAPI.dll?...e=STRK:ME:LNLK
Under the Preferences-->Selling Preferences-->Buyer Requirements
where you may specify that buyers who have certain feedbacks cannot bid.
Or perhaps:
http://pages.ebay.com/help/sell/buyer-requirements.html
http://pages.ebay.com/help/sell/manage_bidders_ov.html
They used to permit sellers to cancel transactions with buyers when they didn't feel the transaction would go properly but now there appears less latitude.
I've always contended the seller should have the right to cancel any bid or transaction with full refund in the event there are problems with the transaction including many issues like very slow pay, no communications from buyer, threats from buyer, incorrect payment (partial, no S/H, wrong currency), broken item, defective listing, etc. Of course eBay choses to insert themselves here for fee avoidance reasons. Obviously, we attempt to communicate and make it work, but when it can't be made to happen, then the seller should have this right.
Answer
Put quotation marks around Mango's quote, plug it into search with search description checked and you will find 272 listings using that exact quote.
Fact is, there are no rules stating that.
"They used to permit sellers to cancel transactions with buyers when they didn't feel the transaction would go properly...."
Really? You can still do the mutual cancellation dance, but sellers have never been allowed to indiscriminately cancel transactions based on a gut feeling. As in "I have a gut feeling this should have sold for more so I'll just cancel and relist later."
Answer
If the auction ends with a winner, the seller is obligated to complete the transaction from their end, provided payment is made according to the terms of the auction.
Answer
In every case below I'd say the seller should notify eBay/PayPal as well as the winner of their intentions. Does eBay agree? I don't know and frankly don't care because common sense applies and lately we've seen less of that coming from within eBay. I would not call the below "indiscriminate" cancellations.
If the winner does not pay, then the seller does not have to send the item.
If the winner notifies the seller that they won't pay within the seller's payment timeframe (say 10 days) in the written terms and instead says that they will pay sometime next month if they have extra money, then I'd say it is up to the seller to choose whether to accept the extension or to cancel the transaction for violating the seller's terms of sale.
If the winner sends a personal check when the seller's terms specify only PayPal payments are accepted, then the seller can return the check and cancel the transaction and payment.
If the winner is international and the seller doesn't accept international buyers in their terms then the seller can refuse the transaction and return the payment.
If the buyer emails the seller and threatens the seller that if they don't send the item and refund the payment the buyer will interfere with every other auction the seller has listed, then I'd say the seller is well within their rights to cancel the transaction while notifying eBay why.
If the buyer pays and then the seller is notified by the payment processor that the payment has been dishonored prior to seller shipping the item, then I'd say the seller can cancel the transaction while notifying eBay.
If the winner sends just the auction amount and flatly refuses to pay the specified shipping and handling portion as specified in the written terms, then the seller certainly can cancel the transaction and return the payment.
If the seller's terms say that seller only ships to the verified PayPal address and the winner insists that they send it to a third party address not on the accounts then I'd say the seller can cancel the transaction if they choose and return the payment.
Answer
I agree, those are not indiscriminate or based on a feeling that the transaction would not go properly. They are flat out violations or either the seller's terms or Ebay/Paypal rules.
Answer
In short, Dennis, if the buyer does not abide by the terms of the contract, then the seller is not obligated to complete the contract.
That however, does not "permit sellers to cancel transactions with buyers when they didn't feel the transaction would go properly".
A contract is a two way street, feelings do not void a contract, violation of the terms do. No one has argued against the list of examples you have provided - all of those examples though involve a violation of the terms by the other party to the contract, not a "feeling" that the transaction may not go properly. This does however leave the question of whether a bidder with "hidden information or negative feedback" has violated the contract by bidding in the first place (depending on the specificity of the auction terms), but I would suggest that it would be contract law and not Ebay rules that would be instrumental in the determination of that.
Regards, Kevin
Answer
I believe we're dealing here not with a difference of opinion but rather slicing and dicing of my weak choice of the phrase "...didn't feel the transaction would go properly." We're probably all in agreement this seller term for negative feedback is not a good idea. The seller would be better to use the eBay feature to disallow such bids from the beginning. Hopefully, eBay's systems would be operating properly and not permit such bids, although I'd expect some problems given what we seem to read here related to bid limiting features. My point was the seller can set their own terms and then enforce the terms, including terms that cancel a transaction for good cause.
Kevin is correct, it is about contract law and about sticking to the written terms. And Maybe is correct to allay any thinking that sellers can simply arbitrarily cancel an auction transaction if they "feel" like it.
Auction sellers face a mirad of State, Federal Laws, international Laws, and other countries' Laws including contract and criminal, and eBay policies, as well as needing to lawfully, properly, and reasonably state and then follow their own written terms of sale for each auction. It is a good idea that seller's terms not violate eBay's policies as it becomes hard to enforce seller's terms as well as possibly jeopardizing the seller's status with eBay.