Consumer obligation re:online purchase

[Bubbaudio]

What is the name of your state?Florida

My son (14 yrs) made multiple purchases with my eBay account without my knowledge. These transactions made over a period of about 10 minutes, from a single seller, totaling $235.00. He was looking for items and was using the "Buy it now" option. Having never used eBay, he did not realize this constituted individual purchases instead of going into a shopping cart as with most online shopping websites.

I emailed the seller explaining the situation and how it happend. I offered to pay any and all expenses associated with these transaction, requesting release from the sale, eliminating any loss in their part. The response was negative with a threat of legal action if not paid within the week.

To further complicate the issue, the seller has a no return policy and will only accept money order or concealed cash which eliminates any recourse should the products prove unsatisfactory. Additionally, the seller claimes they are not liable if the product is not received, for that is a liability with the Postal Service.

What are my options? Do I have any protection regarding Items purchased online without the opportunity for inspection? If I'm in position to be sued, is the suit filed in my State(Florida) or Seller State (NY)?

Thank you

 

[divgradcurl]

Do I have any protection regarding Items purchased online without the opportunity for inspection?

No, you agreed to the seller's terms of service when you clicked "buy it now."

If I'm in position to be sued, is the suit filed in my State(Florida) or Seller State (NY)?

It could be filed in either state, but if he does file in NY, chances are you could file a motion to dismiss for lack of personal jurisdiction.

Chances are he won't file, but if he does, he does. A 14-year-old cannot make a binding contract (with certain limited exceptions), so even if this did go to court, if you could prove that your 14-year-old did the buying and not you, and contracts would likely be found to be void anyway.

However, if you don't pay, do expect the negative feedback, and maybe getting booted from eBay...

 

[ablessin]

Why does your teenager have your e-bay sign on and password?

You're setting yourself up for dangerous things to happen. Your kids should never have passwords for stuff like that. It's WAY too tempting.

You might have to suck it up and pay - then you could either give him the stuff for Christmas or turn around and re-sell it to try to recoup some of your money.

I doubt one negative feedback will get you booted off e-bay. I have seen some sellers with 5 negatives in one month who are still active.

Good luck