The Wholesale Forums

[geosamm]

if he is a business and he wants to buy more than the listing and any negotiations ensue he should state he wants the same terms as the listing..... especially if he negotiates a lower price for the increased purchase.
The offer was made with an implied condition.... if you buy through the auction you get a money back offer.... he didnt... he didnt ask for the same terms and conditions that applied to the auction. The offer was made for public auction.... he is a business.... the offer was made for one item.... he bought 13.

[D M]

Answer my question geosamm.

A buyer sees a listing on ebay, it contains a phone number. The buyer phones up and pays by credit card. Do the terms in the listing still apply?

[MacLover]

This all happened outside of eBid, The buyer was referred to the OP outside of eBid as well, The terms do not apply.

[geosamm]

Originally Posted by D M

Answer my question geosamm.

A buyer sees a listing on ebay, it contains a phone number. The buyer phones up and pays by credit card. Do the terms in the listing still apply?

The advertisement itself is not an essential part of the contract... it is simply an invitation to treat.
It would also depend on the circumstances.
The invitation was for the single item listed, if the item is still listed after the private sale the buyer did not buy the listed item with the offer.
But in all honesty if you cant see the answer in the above posts I hold out no hope of giving one that will satisfy.
Remember one very important thing.... we are not talking about a buyer, as in joe public, we are talking about a business to business deal, which did not make an offer for the one item with a money back. It set up a totally new contract for 13.
The short answer to your vague question is a simple no.... or yes.... or maybe