Incredibly generous, actually. Assuming it is not a private buyer (unlikely since you are bound by a telephone contract), even with Ebay purchases, you can legally cancel any order or contract within 14 days without giving any reason, even if you have received the goods. If the value of the goods is more than 40 €, the seller must even pay the return costs. A whole month to cancel is a positive advantage. Despite respecting your rights, there is a risk that you will get a bad review from the EBay seller as a waste of time, but it is better than a phone contract. The moral of the story is that a sale is a legally binding contract and once a buyer clicks the “Buy Now” button on eBay or other online marketplaces (or places a maximum bid), you are obligated to close the contract and deliver the goods. If you don`t, you can be sued. I tend to think the same thing. You should consult someone at the head office, but it seems that the 14-day leak and tying the case to the posted price makes it very likely that the person will not approach their lawyer with you because they themselves know that it is a scam that does not work.

It doesn`t work, of course, unless you give in to your threats. This is where things can get tricky – and ugly. If you withdraw from an offer without unforeseen circumstances, you risk losing your serious money. Since you deposit this money based on the promise you will keep with the contract, withdrawing for a reason not mentioned in the agreement means that the seller is legally allowed to keep your money. If, in the course of an open offer thread, a user submits an offer which, if accepted, would result in a binding purchase and sale contract, or at any time makes an offer to buy it now below the price indicated by the seller, he is bound to this offer for 168 hours, which corresponds to seven days from the date, to which the offer was made, unless a potential buyer, if available as an option, has chosen a different deadline at the time of submission of his offer, of which the seller will be informed. (“Offer Period”). Similarly, if a user submits an offer during an auction which, if accepted, would result in a binding purchase and sale contract that is higher than the initial bid or reserve price, he is bound by that bid for the duration of the auction period. Sellers can submit a Buy Now domain ad by submitting or updating their domain listing in their account to include a fixed price that serves as an open offer for buyers on the domain marketplace to sell the domain at the listed price without negotiation. This offer to sell the domain at the stated price remains binding until the seller updates the respective domain listing in their Sedo account with another fixed-price offer or other type of listing and this update is reflected in the domain marketplace.

Seller`s domain prices shown in Instant Listings are considered the final price to Buyer, including all applicable taxes. If available, buyers on the Domain Marketplace may still make an offer to the seller below the mandatory Buy It Now price specified by the seller, which the seller can ignore, accept, or meet by adjusting its Buy It Now price expectations. If an eBay sale is a legally binding contract, it`s time for eBay to support its sellers when buyers aren`t paying. Perhaps by automatically charging the buyer`s account or card, just like they do with sellers to make refunds. Thomas, the Supreme Court of New South Wales has clarified the legal uncertainty surrounding online auctions. This is the first Australian case in which it is verified whether offers submitted to eBay are binding on the parties. Smythe placed the only bid for $150,000 and effectively “won” the auction. However, Thomas had already made arrangements to sell the aircraft to another buyer for $250,000, and he refused to sell the aircraft to Smythe for $150,000. Thomas argued that no binding contract had been entered into between the parties and that he was not required to sell the aircraft to Smythe. Finally, the second buyer agreed to pay the original buyer $60,000 in compensation for his admiration, and less the $60,000 already received and the $100,000 he would have had to pay to purchase the ring, the courts awarded $135,250 in damages to be paid by the seller. EBay says an offer is a binding contract (and as a 20-year-old lawyer, I know exactly what that means).

Instead, it seems to be binding only on the bidder and not on the seller, as I can`t find a way to complain to EBay about this unethical treatment. You do not accept a complaint under the old item number or the new item number. Therefore, I think their concept of “contract” is irreparably wrong if they refuse to negotiate with suppliers who are disappointed with the outcome of the tendering process. I made both purchases and sales that I regretted – not much – but I still felt bound by the “contract” I had made. Of course, contract law is much more complex than explained by this example. However, this simplification of contract law will suffice to explain the difference between an order and a sales contract. The main difference between the two documents is how and when they become a binding contract. I don`t know, if I don`t sign a contract with them, how it can be binding. I just showed interest and found out that it`s not that attractive as a deal, so I have the right to refuse. Are there any legal implications if I don`t buy the thing? There is no obligation to accept an offer from the buyer or seller.

Offers and counter-offers are binding for seven days and expire after this seven-day period if not accepted. Any offer or counter-offer accepted within seven days will close the sale and must be completed. The highest bid does not necessarily mean that the buyer won the domain – the seller must first accept the offer to close the sale. I`m not a lawyer, but there`s a pretty big hint that you`re making a binding deal by clicking the “Buy Now” button. So I guess the answer is yes. It`s non-binding, you can`t be sued, and as a commercial seller on EBay, the seller can recover their Ebay fees if you invoke the revocation clause, which is yours. It *might* give you a negative rating on Ebay, but not as a non-payer, maybe as a waste of time. If, at the time of cancellation, you explain your reasoning that, as a foreigner, you misunderstood the agreement, I am sure they will look at you with kindness.

Note that you do not have to provide a reason for cancellation if you do not want to. They just can`t turn you away. At the end of the eight days, Ben is the highest bidder with an offer of $1,050. As the offer is higher than the reserve price, Ben and Sally have entered into a binding contract. Sally has to sell the laptop for $1,050 and Ben has to pay the agreed price. If an eBay sale is a legally binding contract, it`s time for eBay to support its sellers when buyers aren`t paying. Perhaps by automatically topping up the buyer`s account or card, just like sellers do to make refunds. You enter into a legally binding contract to purchase an item when you agree to purchase an item or when you receive the bid (or your offer is otherwise accepted). At first glance, it is implicit that they enter into a legally binding contract with the seller. In Smythe v.

Now the deal doesn`t look too appealing, so I contact the seller to say that I haven`t taken note of this condition and if I knew, I wouldn`t want to take things, but the seller tells me that the purchase is binding. Your first contribution raises two different questions. Several people have confirmed that it is indeed legally binding. To your other question: yes, you could be sued hypothetically, but that seems unlikely to me for such a small amount of money. The seller will likely be worried about getting back what they paid eBay to put up for auction. To get that money back on eBay, the seller must report you as an unpaid bidder. If you do this 3 times in a year, you may be suspended or banned from eBay. My advice: humbly ask the seller how much they paid to list the auction and offer to send them this amount to solve the problem. It will probably be €5 or less. Call it your “stupid tax” for the day and read the fine print next time! Whether an order or sales contract is used, it is important to create a document that includes all the desired terms of the contract and understand when a binding contract will be created.