Seller account still restricted, due to disagreement with BoB management?

[electronics4less 10]

More than 6 months ago my seller account was restricted after a sale to a difficult customer. Without going into the details, I listed a secondhand item with stock photo's and didn't mention that, and then I was not able to refund the buyer.

 

This is all true. I sold the xbox because I was in a financial mess. When they requested a refund, I simply could not do it. My offer to pay back in installments was rejected.

 

So the operator at helpdesk restricted my selling account, without consultation.

 

My big offense was that I then went ahead and criticized them for doing that. After two weeks I also criticized Johan for not looking at it, after posting it on the forums.

http://forum.bidorbuy.co.za/forum/bidorbuy-general-discussion-forum/selling-on-bidorbuy/296248-bidorbuy-now-taking-sides-when-buyer-seller-disagree

 

He then came back and said my account will stay restricted because:

 

1) "I think the service to your customer is not in line with what we would expect from sellers. I also feel that the way you have addressed your customer is not in line with what we would expect from sellers that trade on bidorbuy."

 

2) "Further to this you indicated that you are unable to refund your customers in a single payment and have to make payment plan arrangements with them to in order to refund them."

 

Well, looking at 1) - that is why there is a rating system, isn't it? If all sellers that have negative ratings on BidorBuy are restricted, you will have nobody left. Please have a look at the complainant in this case - http://www.bidorbuy.co.za/user/3236232/Family_First. You let them do business?

 

2) HUH? If you want to have all sellers to provide financial guarantees, make it a policy. Yes you can restrict bob-eft payout, by your own rules. The question still remains why we get no interest on our money for the time it is in trust with BoB, but we will leave that for now.

 

After this I found the remote and tried to contact the buyer in question, they simply refused to even reply on my mails. Their last transaction was in May so I guess they're gone.

 

So now the question remains - why is my account still restricted? Is it because I dared to disagree with Johan, and criticized him and his staff for their behavior? What are the legal (not personal belief or heartfelt feelings) reasons why my account is still restricted?

 

I therefore request that I be allowed to sell on BidorBuy, as a basic seller, without further delay, unless BidorBuy can provide legal reasons for not doing so.

 

The CPA states:

 

*A supplier must not, directly or indirectly treat any person differently in a manner that constitutes discrimination on one or more of the prohibited grounds when:*

- *proposing or agreeing the terms and conditions of a transaction or agreement*

 

 

 

[Johan 7]

Hi Coen,

 

The removal of your selling privileges has nothing to do with personal disagreements or differences but more with offering items for sale that are not as described on the site and your subsequent conduct in dealing with your customer during this transaction.

 

Us electing to suspend your selling privileges due to your actions in the transaction you mentioned above is set out in our site terms and conditions that you have agreed to. Further to this we can not be forced to do business with a person who does not adhere to our terms and conditions and whose actions may bring the bidorbuy name or brand into disrepute. I have included relevant sections of our terms and conditions that you have agreed to below for you to have a look at.

 

In Terms of using the site you have agreed to: *(Please see 4.6.1.2)*

 

4.6 In addition to Clause 4.4 and and Clause 4.5, you represent and warrant to us and separately to the successful Buyer that:

4.6.1 the goods and services you offer for sale and sell, on this Site:

4.6.1.1 are reasonably fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to matters including, without limitation, the description of those goods and their price; and

 

4.6.1.2 correspond with the description that you have posted on this Site; and

 

4.6.1.3 if sold in bulk, will correspond with any samples; and

 

4.6.1.4 are not defective; and

 

4.6.1.5 are free of any charge or encumbrance such that the Buyer will be able to enjoy quiet possession of those goods;

Further to this you have agreed to: *(Please see point 2.5)*

 

2 Provision of Services

 

2.1 We will provide you with the Services.

 

2.2 We will provide you with a username and password in order to login as required.

 

2.3 We reserve the right to alter or vary your preferred username and password at any time and will notify you of any such alteration (by email where possible).

 

2.4 You agree to provide all necessary equipment, network connections and software to access this Site.

 

2.5 You agree that bidorbuy may restrict and/or terminate its services to you at any point in time if bidorbuy, in its sole and absolute discretion, elects to do so and without having to furnish any reasons for doing so.

 

I hope this clears this matter up and that it can now be put to rest.

 

Regards,

 

Johan du Toit.

 

[electronics4less 10]

Yes Johan,

 

We know you can remove anybody without any good reason, as in 2.5*.

 

I expected no less. From you.

 

I sold a secondhand, fully working XBOX 360, but used a stock photograph without stating it. I fail to see how I broke any of the rules.

 

But I did criticize you openly, for taking more than 2 weeks to get back to me after promising to do so.

 

I need say nothing more, like so many before me have.

Edited October 6, 2016 by electronics4less

[electronics4less 10]

I am happy to report that I have finally logged a case with Consumer Affairs. I will keep the forum posted.