Somebody knows... Maybe you?
User avatar
john t peterson
Posts: 1044
Joined: Wed Dec 01, 2004 5:40 pm
Location: USA
Contact:

Re: Merchandiser transport

Postby john t peterson » Sun Feb 02, 2014 1:47 pm

In the United States, the three requirements for an enforceable contract are: the offer, the acceptance and the consideration. With the acceptance of the deposit by the seller, all three were met in this case. There was a valid contract which the sellers broke when they resold the items to another purchaser.

Ebay has given some patrons the idea that no deal is truly complete until the item is picked up. This is false. It leads to the type of conduct described above.

Seeing as our legal system is a direct descendant of English law, I'm fairly certain that the same principles apply in Great Britain.

J Peterson
American Attorney at Law :didact:

jonesthegarage
Posts: 305
Joined: Tue Sep 18, 2012 12:21 pm
Contact:

Re: Merchandiser transport

Postby jonesthegarage » Sun Feb 02, 2014 3:42 pm

You're right John, we would consider "offer and acceptance" a contract but always with the over riding consideration of what was in the contemplation of both parties, i.e. did they know what they were "offering" and "accepting". Of course what we are dealing with in the preceding thread is not the remedy of law but the ethics of the transaction. Aggrieved parties could always seek remedy through law and might meet with some degree of success in a small claims court, but I doubt they will bother to pursue it.

Is the basis of US law not still six guns on a dusty street at noon then?

User avatar
john t peterson
Posts: 1044
Joined: Wed Dec 01, 2004 5:40 pm
Location: USA
Contact:

Re: Merchandiser transport

Postby john t peterson » Sun Feb 02, 2014 5:04 pm

Yes, all too often.

JP !!BANGBANG!!

slotsoffun
Posts: 180
Joined: Mon Oct 07, 2013 6:36 pm

Re: Merchandiser transport

Postby slotsoffun » Sun Feb 02, 2014 6:45 pm

Hi Guys,
Following this thread with interest, but someone shed some light on what a Clown Catchers Merchandiser is???? Also why can no one tell us who this "seller" is so we can avoid being duped! Or PM me.
I feel for the guy who went to the trouble, time and expense of hiring a van only to be told "no deal". It just goes to prove that having a receipt and/or paying a deposit hold no water legally! Well, OK on paper the law states you can't do this or that, but unless you got the time, the money and effort to go through courts etc... I think we just need to be told about unscrupulous sellers on eBay.

User avatar
moonriver
Posts: 562
Joined: Wed Oct 16, 2013 12:56 am

Re: Merchandiser transport

Postby moonriver » Mon Feb 03, 2014 10:12 pm

The ebay couple concerned are selling under the name vegasvolt2011. For the record, the machines I negotiated buying from them, paid the deposit, returned with the hire van to find they'd sold the two best ones for more money to someone else, were not items they were listing on ebay. A different listing of theirs made me contact them initially. I have owned and operated inland amusement arcades for over 25 years and so I'm used to dealing with showmen and collectors alike who's word is their bond and a shake of the hand is a deal done (and kept to).

User avatar
pennymachines
Site Admin
Posts: 5113
Joined: Wed Nov 06, 2002 12:12 am
Location: The Black Country
Contact:

Re: Merchandiser transport

Postby pennymachines » Tue Feb 04, 2014 12:39 am

slotsoffun wrote:someone shed some light on what a Clown Catchers Merchandiser is????
I think there's an apostrophe missing - "Clown Catcher's Merchandiser", i.e. the Rotary Merchandiser that Forum member Clown Catcher won but was unable to collect from vegasvolt2011.

I'm sorry to hear you were let down so badly.

User avatar
moonriver
Posts: 562
Joined: Wed Oct 16, 2013 12:56 am

Re: Merchandiser transport

Postby moonriver » Tue Feb 11, 2014 2:46 am

I hear you collected your merchandiser and took your own guys to get it through the window......great result, I bet the sellers had faces like smacked arses as they were expecting you to give up I think! Even though its a bit of a lump you got a great price !!YIPPEE!!

jonesthegarage
Posts: 305
Joined: Tue Sep 18, 2012 12:21 pm
Contact:

Re: Merchandiser transport

Postby jonesthegarage » Tue Feb 11, 2014 9:06 am

I noticed the Ruffler and Walker Helicopter started at £1500, went to just over £1700 but was pulled not long before auction end only to re-appear with a £2400 start and £3500 buy it now. As said before, until you've got it in your vehicle it ain't yours where these people are concerned. Well done the merchandiser winner, not my cup of tea but I can see its attraction, especially at that price.

User avatar
moonriver
Posts: 562
Joined: Wed Oct 16, 2013 12:56 am

Re: Merchandiser transport

Postby moonriver » Fri Feb 28, 2014 4:00 am

seems like vegasvolt2011, the dodgy ebay couple who dont like it when folks win their auctions at prices they think are too low have been at it again! I just noticed another negative feedback placed by someone else who won their 'pets show band' working model , and didn't manage to get it from them


Who is online

Users browsing this forum: No registered users and 11 guests