ebay purchase not in stock: loss of bargain?

seanc · Mar 27, 2013

Happened to me many times. It seems like alot of car parts sellers list items they dont actually keep themselves but are sold by a local wholesaler. You order with them they put there order through to the wholesaler.
Id be suprised if some of them keep anything in stock to be honest.

Drains · Mar 27, 2013

Matt, your quote above of the definition of loss of bargain fits in perfectly with Shox's example, viz the inability to complete a sale or other business deal, caused by ... negligence,

In this case, negligence being the failure to keep stock while offering stock items for sale. Actually that might not quite work as negligence really relates to carelessness (which this is), causing harm to another (which this doesn't, although it could, indirectly, if Shox had ordered a pacemaker, for instance, or a fire extinguisher. If someone else caused a fire at Shox's property which he couldn't put out because of a failure to supply an ordered fire extinguisher, there would be two people up in front of the beak)

As for the original question of "where does one stand?". I've no idea. I bet ebay doesn't have much of a clue either.

Badger1bear · Mar 27, 2013

I ordered a roll on container security bin lock last week, from eBay. The bloke is based up the north, I sent him a message to say it hasn't arrived yet to which he replied "we have a problem with snow at the moment"

No problem I said, send it out when you can

Every body is happy, take a chill pill, if things happen beyond your control just get on with it and move on till you can deal with it

Life's too short to be worrying about sh*t that don't matter

Don't sweat the petty things and don't pet the sweaty things lol

Dev · Mar 27, 2013

Shox Dr said:
.
If this was a shop, and you had made the same purchase you could sue for "loss of bargain" However it seems to be the way on ebay that the seller offers a refund, or you wait.

You could sue equally well in either case, wouldn't most 'real' shops offer the same thing?

Fergus · Mar 27, 2013

Odd that this comes up now, I've just been trying to buy discs for my sons car and this 'oops sorry, no stock' has come up twice in quick succession.

chris-law · Mar 27, 2013

Several years ago i was looking for a cycle trainer , i found one i liked on ebay that was listed as several available , as i was working at heathrow airport at the time and the shop was only 14 miles away i thought id go and collect the item as it was listed as being in stock , first mistake was thinking i could get there and back in my dinner hour :rolleyes: