T
troodont
Guest
Hello from New Mexico.
Recently, I bid on three eBay auctions from the same seller and did not win any of them. Ebay has a policy that if the seller is not able to satisfactorily close the deal with the highest bidder or has duplicate items, he may then extend a "2nd Chance Offer" to any of the losing bidders. Ebay's policies then state that the Seller can extend 2nd Chance Offers to more than one losing bidder if he has duplicate items. The seller did not have duplicates of the items he offerred.
The seller came back and on Thanksgiving extended three 2nd Chance Offers to me. Within the allocated time frame, I responded that I was interested in all 3 items but wanted to consolidate the shipping into one package at one total S/H cost.
The seller then responded that he had made duplicate 2nd Chance Offers of his unique items to other losing bidders, other losing bidders had responded faster than me and had accepted his 2nd Chance Offers for his 3 items. Still within the time limit his 2nd Chance Offers allowed, I emailed him back that I accepted his offers exactly as stated in his earlier 2nd Chance Offer notices and wanted to immediately pay for them in full. My view is that an offer is an offer, and is valid during the entire time frame that the offer covers, and that the seller cannot negate the offer for any reason not related to non-receipt of payment.
The seller responded by email telling me to "go f**k yourself" (using the actual word). I then emailed him back, again within the offers' time limits, both to reiterate my acceptance of all 3 of his 2nd Chance Offers, and to inform him that my granddaughter used my computer to do her homework and that he did not have the right to expose her or me to his filthy language. He then responded with a message that included, "Are you f**king stupid?" (again, using the actual word).
Besides complaining to eBay, what are my options here. This appears to me to be a case of breach of contract, fraud and outrageous behavior, but there may be other torts possibly involved.
Please advise. Thanks. John Williams, [email protected]
Recently, I bid on three eBay auctions from the same seller and did not win any of them. Ebay has a policy that if the seller is not able to satisfactorily close the deal with the highest bidder or has duplicate items, he may then extend a "2nd Chance Offer" to any of the losing bidders. Ebay's policies then state that the Seller can extend 2nd Chance Offers to more than one losing bidder if he has duplicate items. The seller did not have duplicates of the items he offerred.
The seller came back and on Thanksgiving extended three 2nd Chance Offers to me. Within the allocated time frame, I responded that I was interested in all 3 items but wanted to consolidate the shipping into one package at one total S/H cost.
The seller then responded that he had made duplicate 2nd Chance Offers of his unique items to other losing bidders, other losing bidders had responded faster than me and had accepted his 2nd Chance Offers for his 3 items. Still within the time limit his 2nd Chance Offers allowed, I emailed him back that I accepted his offers exactly as stated in his earlier 2nd Chance Offer notices and wanted to immediately pay for them in full. My view is that an offer is an offer, and is valid during the entire time frame that the offer covers, and that the seller cannot negate the offer for any reason not related to non-receipt of payment.
The seller responded by email telling me to "go f**k yourself" (using the actual word). I then emailed him back, again within the offers' time limits, both to reiterate my acceptance of all 3 of his 2nd Chance Offers, and to inform him that my granddaughter used my computer to do her homework and that he did not have the right to expose her or me to his filthy language. He then responded with a message that included, "Are you f**king stupid?" (again, using the actual word).
Besides complaining to eBay, what are my options here. This appears to me to be a case of breach of contract, fraud and outrageous behavior, but there may be other torts possibly involved.
Please advise. Thanks. John Williams, [email protected]