Is it Fraud or unethical business practice?

[spencerb3549]

Hi folks, 

1. I wanted to ask the community about a recent transaction that has gone awry. I recently purchased an item on may 30,2020 and was given a tracking number to follow. After noticing that the item was delivered to the shopping facility After a week,  I reached out to the seller to inquire. A week later and after two separate inquiries, I received a response that  my item was out of stock and that they could Offer a refund or send me an alternate style. They just weren’t gonna say anything...I opted for the alternate style.  A couple more days passed and I decided to do another search for a similar item just out of curiosity. I noticed that the same item, which I already had bought and was told was out of stock, was still listed, but with the price 2.5x higher. When I click the link, it brings me to the receipt for my original purchase. It’s the Exact same listing! I wrote the seller for an explanation and was told this is done to prevent people from buying while out of stock. Why not just take the listing down? Also the quantity available still states that there are 8 remaining, so that explanation doesn’t really hold water.  The seller has now gone away and still not shipped my item or responded to any further correspondence.  This is so disheartening after 17 years of nothing but great buying on eBay. Can someone please clarify if this as bad as it seems, or point me in the direction of help. I am not able to cancel now and just want this over with. This smells like fraud. 

[mcrlmn]

It smells bad.

No more correspondence or replacement item(s).

Based on your experience with this seller, if you haven't received your purchase(s) after eBay's estimated delivery date, go to the Resolution Centre, select, "I haven't received it yet", and follow the directions.

[snoopwiz]

was told this is done to prevent people from buying while out of stock. Why not just take the listing down?

I say what they are doing is more common than you may think.  Certainly not fraudulent. They are right to try and keep the listing up/live as to maintain their sales history of the item, therefore possibly boosting their standings in best match search.  I think . 

Your choice is to accept one of their offers, ask/demand a refund of, just wait until the est delivery date has come and gone and put in in INR claim. 

[reallynicestamps]

Purchased and paid May 30

Tracking number supplied. Accepted at "shopping" (Shipping?) facility.

What was the shipper? USPS? China Post? DHL?

What date for delivery did eBay give you?

After a week, I reached out to the seller to inquire.

About what?  The shipment was accepted and you have tracking. All shipping is very slow thanks to the Plague.

In my long experience in mail order, 21 days is not unusual for delivery within North America and 30 days from Asia.

A week later received a response that my item was out of stock and that they could Offer a refund or send me an alternate style. 

Sounds like a busy clerk sending a standard boilerplate without actually reading your question.

Never accept an offer of a replacement.

There is no reason to believe the replacement exists or will be any better or faster than the original order.

Plus you are pushing the possible delivery date (if anything is sent) past the window for an Item Not Received dispute.

this is done to prevent people from buying while out of stock. Why not just take the listing down?

This is a really really stupid option eBay gives sellers. The point of doing this has something to do with keeping the number sold visible to customers-- who can't buy because it is out of stock. This has to be a bright idea from some MBA who has never worked retail.

Anyway.

Go to the Resolution Centre at the bottom of this page.

Open an Item Not Recieved Dispute.

NOTE: You can't do this until the estimated delivery window has closed.

Since you bought only 14 days ago, this may be another week or so.

EBay gave you estimated arrival dates. Write those on your calendar and open the Dispute after that. You have 30 days.

[richardcm]

Out of stock feature is a good feature in retail. A Retail chain like Best Buy electronics has this and gives you stock status of availability on online central warehouse, local stores availability and even third party Marketplace seller availability (registered sellers who sell the same item but not their stock status). The item will show if any stock anywhere or not. You can only buy if the item is available. You can then make it a favourite to check up on regularly.

So Out of stock is a good feature for buyers as well as sellers. The eBay version is a bit weak but useful.