What is the name of your state (only U.S. law)? CT
The seller is in another state.
I recently bought a software package in an eBay auction and things have gotten somewhat messy. Long story short, the shipping terms were to send Priority mail within 2 days - delivery in 3 to 4 days. One week after I had paid I got an email from the seller saying that there was a problem and that the item had not been sent. He offered to send me an additional, related software item which I really did not want. I told him this and made a counter offer for a partial refund. The seller then accused me of attempting to extort him and threatened to prosecute me criminally if I left him any negative feedback. Here is my actual counter-offer email:
"Hello {seller},
I'm glad to see that you are a conscientious seller who realizes that insisting on being paid within 2 days for a won item and reporting those who don't, yet not mailing a won item within a week's time, whatever the reason, constitutes a very unsatisfactory transaction. I am also glad that you are willing to make up for it. I am a reasonable man and 'things happen' to me just like they do to everyone else so I am not without compassion for you. As you can probably tell I was really looking forward to having the sim mid-week so that I could spend time {using the software} on the the weekend.
Regarding compensation, I am not interested in any expansion packs, but if you discount the price and refund, say $20, then mail via priority mail on Monday I would consider that satisfactory and be happy to leave you positive feedback. The price I paid is not that far from retail as it is and I would imagine that you would still profit with this arrangement.
Regards,
{name} "
This was the response from the seller:
"Hello {buyer name},
First off, even though my add must state I will leave negative feedback for people who do not pay within 2 days, this is to protect myself against the people who give ebay a bad name. In the last 3 weeks I have had 2 people contact me requesting other arrangements due to unforeseen circumstances, and I have accommodated both of them.
You are incorrect that the price you paid is not far from retail, and also incorrect that I would still profit after refunding you $20. Retail price on this item is $xxx.xx. The price I'm sure you are thinking about, $xxx.xx, is Minimum Advertised Price. This is the lowest price a manufacturer will allow a company to advertise this product for sale, the price most web sites charge. At this price, very little profit is being made.
Your email requesting money in exchange for not leaving negative feedback about an honest mistake, a mistake I attempted to make good on, is not only a violation of EBay terms of service, but a Felony. You may look it up for yourself under "Feedback Extortion" in EBay's Terms of Service.
At the price you paid, after all ebay and paypal fees, I am making less than $5.00 profit. I have no problem canceling this auction and walking away. If you agree to this, I will refund your money and forget this conversation ever took place. If you would like to proceed with this transaction, I will mail your package USPS Priority Mail first thing Monday.
Either way, you may leave positive feedback with a 5 star rating, or choose not to leave any feedback at all. The choice is yours, but if you choose any other option, I will not only report you to ebay, I will push for criminal extortion charges to be pursued.
{signature} "
Note that I never mention negative feedback. The only feedback mentioned is positive and relates to a specific proposal. There are no references to any other circumstances or reaction to any other circumstances either explicit or implied.
Please tell me if there is any basis whatsoever to construe this as an extortion attempt or if this is merely an attempt by the seller to intimidate me.
Thank you.
The seller is in another state.
I recently bought a software package in an eBay auction and things have gotten somewhat messy. Long story short, the shipping terms were to send Priority mail within 2 days - delivery in 3 to 4 days. One week after I had paid I got an email from the seller saying that there was a problem and that the item had not been sent. He offered to send me an additional, related software item which I really did not want. I told him this and made a counter offer for a partial refund. The seller then accused me of attempting to extort him and threatened to prosecute me criminally if I left him any negative feedback. Here is my actual counter-offer email:
"Hello {seller},
I'm glad to see that you are a conscientious seller who realizes that insisting on being paid within 2 days for a won item and reporting those who don't, yet not mailing a won item within a week's time, whatever the reason, constitutes a very unsatisfactory transaction. I am also glad that you are willing to make up for it. I am a reasonable man and 'things happen' to me just like they do to everyone else so I am not without compassion for you. As you can probably tell I was really looking forward to having the sim mid-week so that I could spend time {using the software} on the the weekend.
Regarding compensation, I am not interested in any expansion packs, but if you discount the price and refund, say $20, then mail via priority mail on Monday I would consider that satisfactory and be happy to leave you positive feedback. The price I paid is not that far from retail as it is and I would imagine that you would still profit with this arrangement.
Regards,
{name} "
This was the response from the seller:
"Hello {buyer name},
First off, even though my add must state I will leave negative feedback for people who do not pay within 2 days, this is to protect myself against the people who give ebay a bad name. In the last 3 weeks I have had 2 people contact me requesting other arrangements due to unforeseen circumstances, and I have accommodated both of them.
You are incorrect that the price you paid is not far from retail, and also incorrect that I would still profit after refunding you $20. Retail price on this item is $xxx.xx. The price I'm sure you are thinking about, $xxx.xx, is Minimum Advertised Price. This is the lowest price a manufacturer will allow a company to advertise this product for sale, the price most web sites charge. At this price, very little profit is being made.
Your email requesting money in exchange for not leaving negative feedback about an honest mistake, a mistake I attempted to make good on, is not only a violation of EBay terms of service, but a Felony. You may look it up for yourself under "Feedback Extortion" in EBay's Terms of Service.
At the price you paid, after all ebay and paypal fees, I am making less than $5.00 profit. I have no problem canceling this auction and walking away. If you agree to this, I will refund your money and forget this conversation ever took place. If you would like to proceed with this transaction, I will mail your package USPS Priority Mail first thing Monday.
Either way, you may leave positive feedback with a 5 star rating, or choose not to leave any feedback at all. The choice is yours, but if you choose any other option, I will not only report you to ebay, I will push for criminal extortion charges to be pursued.
{signature} "
Note that I never mention negative feedback. The only feedback mentioned is positive and relates to a specific proposal. There are no references to any other circumstances or reaction to any other circumstances either explicit or implied.
Please tell me if there is any basis whatsoever to construe this as an extortion attempt or if this is merely an attempt by the seller to intimidate me.
Thank you.
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