Cancelling an order due to Tier 4 restrictions - and bad vibes?

[rmykelley]

Had an item sell last week (older iMac). Buyer used Buy it Now. They have paid, but have been slow to respond to messages. It was collection-only and they asked if they could collect on Monday. Since then, Tier 4 has come into effect where we both live.

Before this happened I tried to arrange a video call so they could see the computer is working ok before they collect. Today I’ve had a message along the lines of “yes send a video but we are returning it if it doesn’t work”. And they are asking questions they should have asked before committing to buy. I’ve just got a bad feeling about it. And we know eBay always sides with the buyer!

This is a 9 year old computer. It has a few minor issues that I’ve described in the listing. But it’s working fine. Nothing to hide.

Under Tier 4 restrictions I don’t think I should be meeting up with them and I definitely don’t want to deal with a return right now. It’s hardly essential business. So I have decided to cancel the order and give them a refund.

Am I likely to get a defect on my seller profile for this? Tier 4 didn’t appear in the list of reasons for cancelling (!) but interested to hear of people have ever cancelled to due to bad vibes about a sale?

[ruby*tuesday]

EBay runs an automated system so no there is no get out of jail free Card for Sellers who Cancel a Sale for any reason other than "Buyer Requested Cancellation." You will be charged the EBay Final Value Fee.and will give yourself a Damaging Defect if you Cancel the Sale. 

Message your Buyer and explain that you cannot go through with the Sale because of Tier 4 ask them to send you a Cancellation Request from More Actions to the right of the Item in their Purchase History. You can then safely Cancel using "Buyer Requested Cancellation." Your Seller Fees would then be Credited back to your Seller Account with No Damaging Defect.

Cash on Collection is a much safer option when Listing a Collection Item. The Buyer in normal circumstances can inspect the Item and walk away if the Item is not what they require. You can then safely Cancel.

[rmykelley]

I jumped the gun as this was keeping me awake last night... I have cancelled. No reply yet from buyer. I wasn’t aware of the best practices for Collection items, thank you. If I’m collecting I always ask if the seller wants cash. More to save them PayPal fees but I guess it protects me if the item isn’t as described!

[jillybaby66]

foryoufromfiley:

The the most relevant case law I could find ( at short notice ) was a case involving Thomas v Smythe -

"Thomas argued that there were only contracts between eBay and the buyer and eBay andt he seller
The court found that eBay provided a framework for the transaction in which Thomas and Smythe were willing participants."
Conclusion:
"A Binding Contract was formed between Thomas and Smythe which WAS ENFORCEABLE BY THE COURTS"

So, in theory, yes, either could use the Small Claims Court. In practice, as mykelley says, it would be a right hassle....🤯😖

The contract that does exist between eBay and the Seller is the one whereby the Seller ( and Buyer ) agree to abide by eBay policy, rules and regs in order to register and use the platform. THAT'S where the sanctions, defects and fees come in.
This is why I feared the best way was to get the Buyer to cancel and where experienced Members as best placed to advise. As Ruby*Tuesday confirms: you will get a defect etc and it's automatic 😔 I just hoped CS maybe could override or waiver the penalties in these exceptional circs.

I'm so sorry you've been stressed, mykelley. A less conscientious Seller who wasn't trying to follow the rules AND the law
I got myself in a simlar state recently which is why I sought out help from the Community ( who were Brilliant ! ) and why I want to try and help others.