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tBart's eBay Pad

bartsmith - eBay member since Tuesday, Jun 08, 1999

 

 

Be careful folks - there are people on eBay who will renege on their contract then be so annoying, mean, and foolish as to libel you in feedback and eBay apparently will do nothing about it unless you pay some outside company to "arbitrate". If I had the funds (Or a pro-bono attorney - any out there?) I could easily win a lawsuit against a bidder who posted damaging, completely false information in my feedback. Look further below for the whole story. Or, click here.

 

 

 Howdy-Ho! 

Not too much going on here, but a bit of change is on the way. As with my personal web site I've been unmotivated and slow moving for awhile now, but the times they are a changing...

Something that helps motivate me is recognition (doesn't everyone feel that way?) so if we conduct business and you're satisfied, how about posting some positive feedback for me when I have done so for you? I'd like my reputation here to grow just as well as you. Fair, right?


 
 

 What I buy 

I'm mostly looking for cool fifties furniture and accessories and mid-century copper kitchen items. I really love the lines of mid-century modern style from art deco to jet age.

 What I sell 

As for selling, I've mostly been taking advantage of my employee discount at Spencer Gifts to make some of their exclusives, collectables, hard to find items, and just neat stuff available here and to make a little profit for myself. Eventually I'll probably sell some of my cool mid-century finds, comic books, jewelry I make, and other odds and ends.



"Ra"
by Bart Smith
© 1997

A sample of my jewelry. I made this pin from padauk wood, copper, brass, nickel, aluminum, turquoise, glass, and aventurine. Pretty spiffy if I do say so myself. ;-) Just a bit too worried that my art jewelry will be overlooked and hence underbid in the vastness of eBay to try selling any here yet. Maybe someday though...

 A few links 

Joe's Cool Website
(Neat site with lots of mid-century mod info, pics, and links)

My humble website
(One of these days I really will work on this thing...)

A peek at my apartment (Just some pics uploaded to show my friends far away.)




 

 



Here's my story of how a lying, vengeful, non-paying bidder (NPB) ruined my otherwise perfect feedback rating because he:
  • Didn't read the auction listing and look at the shipping cost that was in the listing before bidding.
  • Felt no obligation to abide by eBay's bidder policies and that the auction was "in question" because he disagreed with the shipping cost (Yet he bid anyway despite the total that could be seen in the shipping calculator on the auction page and that a bid opens a contractual obligation to follow through).
  • Still protested the shipping charge even after a lower alternative was offered (though not required of me).
  • Couldn't accept factual negative feedback about his poor performance as a bidder.
  • Retaliated with lies that are legally defined as libel.
  • Compounded the libel by adding more lies after the truth was noted by me.

Here's the evidence (If there are any lawyers out there who would consider helping me in this case pro-bono, I'd appreciate it.)

This started after my negative feedback concerning the bidder. I posted to his feedback profile:
NPB. Wouldn't pay listed ship & even balked at lower $ ship offer. Why bid?! :-(

Here are the facts on that:

  • "NPB" - Fact: He didn't pay! eBay acknowledged this and refunded my final value fee.
  • "Wouldn't pay listed ship" - Fact: See above. Also see email at end of this section
  • "even balked at lower $ ship offer." - Fact: Bidder in initial feedback to me admits to lower shipping charge offered (gives incorrect figure though). Later he turns around and says that no other shipping offer was made. Can't keep his story straight I see.
  • "Why bid?! :-(" - Seriously, I had to wonder why someone would agree to eBay's policies on bidding then pull this stunt. ":-(" is me, stuck with listing fees and sad.

Bidder's first lie-filled feedback was:
"
BEWARE! Ship charge omitted when listed/10% off. & 16lbs later? a SCAM!!!"

  • Bidder posts to my feedback, "BEWARE! Ship charge omitted when listed"
    (See auction listing here: Beatles Yellow Submarine Lava Lamp MIB NR!)
    Note the shipping calculator in the 'Shipping and payment details' section. The bidder's ZIP code in Eugene, OR is 97405. Entering this ZIP in the calculator shows us that the shipping cost to send via USPS Priority Mail is $31.20. This is positive proof of the bidder's first lie in my feedback. Shipping charge was listed.
  • Bidder posts to my feedback, "offers 10% less"
    This may not be clear to anyone who doesn't know the details of our transaction. What happened was, I offered to send Parcel Post instead of Priority and quoted the resulting shipping cost of $26.28. This is over 15% less. This is proof of bidder's second lie. An offer to ship at over 15% less postage was made.
  • Bidder posts to my feedback, "16lbs later?"
    Not sure what this means, the item always weighed a bit over 16 pounds. The figure used for the shipping calculator when the item was listed was, I believe, 16lbs. 8oz. This was my best guess between the 16 and 17 my digital bathroom scale was alternately showing me as I weighed the item alone and also with myself, subtracting my own weight (since bathroom scales sometimes aren't accurate with lighter items). (Having since shipped several of these, I have discovered  that with shipping box and packing material item can end up a hair over 18lbs, but that's neither here nor there, bidder was always given shipping cost of package near 16lbs.)
  • Bidder posts to my feedback, "a SCAM!!!"
    This is not only libelous, it appears to me this is an intentionally inflammatory lie because I posted factual negative feedback to his profile about our transaction which he reneged on. It is clearly retaliation. The first point in this list is easily checked on by anyone and proof that there was no "scam". The bidder always had access to the shipping cost.

To this bidder's lies I replied in feedback:
"
NPB retaliates *sigh* LOOK at listing. Ship calc is there! Is bidder blind?"

  • "NPB retaliates" - Had to respond in my own feedback that this was a non-paying bidder who felt the need for 'revenge' so anyone curious would know to look at his feedback.
  • "*sigh*" - It's exasperating to have liars pull this crap. You can see like examples on many seller's feedback when they expose people who don't follow through with their contractual obligations.
  • "LOOK at listing. Ship calc is there!" - This was to inform those curious about the comment to see for themselves that the bidder is wrong about the shipping cost not being available in the listing.
  • "Is bidder blind?" - Well, is he?! It's there and he's claiming it isn't and making a fuss and lying about me.

The NPB wasn't satisfied with his first libelous lies so he had to add:
"
Offered highest ship rate only. Claims lavalamp & package at 16L BS? 1gal=8LBS!"
Here's the breakdown on THIS line of bullstuff:

  • Bidder posts, "Offered highest ship rate only."
    Okay, so what's the 10% comment in the earlier post about? What about the email below? This bidder is not only a liar, but a bad one.
  • Bidder posts, "Claims lavalamp & package at 16L BS?" - Actually I claim, because it's true, that it's OVER 16 pounds and that's evident by the shipping calculator that showed the shipping cost to anyone who wanted to know even BEFORE bidding. It could also be confirmed by anyone who won one of the other ones I auctioned or by weighing the one I still have that the lying loser didn't pay for that could be used to bury him in court. I also have all my postal receipts for the others I shipped and, though the USPS receipts for whatever reason don't list item weight, it is possible to go to the USPS web site and enter figures to confirm the weights of the packages. (E.G. one shipped to Ventura, CA 93003-4645 cost me $34.65 to ship. If you use the shipping calc on the auction page this NPB questions, you'll see that it displays $31.20. In other words, I was charging LESS than actual shipping!)
  • Bidder posts, "1gal=8LBS!" - This argument has no meaning whatsoever. A gallon is a measure of volume, not weight. One gallon of water weighs about 8lbs. One gallon of sand weighs about 15lbs! The Lava Lamp in question is not one gallon, it's less. On the other hand, it also isn't water (or sand) and it isn't just an uncontained volume of fluid. It is a heavy glass bottle filled with some sort of oil mixture and a heavier wax. There's also a metal coil in the bottom of the bottle to evenly distribute the heat. But that's not all it is that weighs in for shipping. Also included are these other not-weightless elements: A heavy, cast resin base and top. The resin base contains a large, "Century" sized, metal Lava Lamp base which naturally includes socket, socket mount, bulb, and cord. Being mint in box, there's also the Lava Lamp care instructions, plastic bags, certificate of authenticity, molded polystyrene packing block, and the lovely box. All this together weighs in the neighborhood of about 15 pounds. To ship, even more weight is added by packing material to protect the original box and an outer shipping box, tape, and label.

That's about how it all sizes up. I'm sorry for all the text and doubt anyone will bother to read it all, but I'm furious that this NPB jerk can libel me and eBay has no system to prevent it in the first place (I feel if you are a NPB or NPS (Non-Performing Seller) you shouldn't even be allowed to leave feedback about a transaction that wasn't completed due to your actions/inactions) or remove it without charge (or charge the offending party) if it's clearly bogus. I understand they have no control (initially) over what's posted, but if they can remove something as trite as "naughty" words from feedback they should remove easily provable libel. In my opinion, eBay's refusal to remove libel without paying Square Trade, a lawyer, or whatever makes them an accessory to the crime. Newspapers that print  libel, even if inadvertantly, are required to run retractions. I see no reason why eBay should be exempt from this.

Ug! Anyway, here are two emails that pretty well show what happened between this NPB and me. This email was my third payment request (counting invoice) sent 9 days after auction close:

Received: from rwcrmhc13.*****.net ([204.127.198.39])
by rwcrmxc13.*****.net (rwcrmxc13) with ESMTP
id <20031119061504r1300o32mne>; Wed, 19 Nov 2003 06:15:04 +0000
X-Originating-IP: [204.127.198.39]
Received: from muaddib (pcp01728431pcs.nash01.tn.*****.net[68.52.***.***])
by *****.net (rwcrmhc13) with SMTP
id <20031119061458015000shsve>; Wed, 19 Nov 2003 06:14:59 +0000
Reply-To: <artbart@*****.net>
From: "Bart" <artbart@*****.net>
To: <waxonwax@***.org>
Cc: <artbart@*****.net>
Subject: RE: Your invoice for eBay purchases - item #3361396540, Beatles Yellow Submarine Lava Lamp MIB NR!
Date: Wed, 19 Nov 2003 00:14:50 -0600
Message-ID: <000801c3ae64$7491a310$6401a8c0@muaddib>
MIME-Version: 1.0
Content-Type: multipart/alternative;
boundary="----=_NextPart_000_0009_01C3AE32.29F73310"
X-Priority: 3 (Normal)
X-MSMail-Priority: Normal
X-Mailer: Microsoft Outlook, Build 10.0.2627
Importance: Normal
In-Reply-To: <3FB5600B.5050307@***.org>
X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2800.1165

This is my third request for payment on the item you agreed to buy in my auction that closed on November 10. The only contact I have received from you is the email below, which followed my original invoice (I notified you in my email dated November 14, 8:45pm that I had not received the other email you mentioned). In this email you expressed concern over the shipping cost which I then explained to you was available to you before you placed your bid. Allowing for your oversight, I suggested USPS Parcel Post as an alternative for $4.32 less than what you agreed to when you placed your bid. Since that email, sent on November 14 (four days ago), I have not heard from you.

Please reply with your intentions on paying for this auction by the end of Thursday, November 20. If you elect to renege on the contract or I have not heard from you, and therefore consider your contractual obligation in arrears, I must file a Non-Paying Bidder Alert with eBay in order to begin the process of recouping my final value fees. If you intend to meet your obligation, notify me of your method of payment by email by the above date. Payment should then be made via PayPal on or before Saturday, November 22 or, if mailed, post-marked by that date. This will have allowed you a full 12 days, which is in no way unreasonable, to pay for your item since the close of the auction.

Sincerely,
Bart Smith


-----Original Message-----
From: william lindquist [mailto:waxonwax@efn.org]
Sent: Friday, November 14, 2003 5:07 PM
To: artbart@*****.net
Subject: Re: Your invoice for eBay purchases - item #3361396540, Beatles Yellow Submarine Lava Lamp MIB NR!

Hello-As I mentioned in the 1st email, the night of the auction temination, I thought the shippng and handling charges were excessive and I asked for an alternative. Since then I've heard zero from you on this proposal. Therefore the auction in my opinion is in question. PLeeaasse repond. Regards, William Lindquist

artbart@*****.net wrote:

<<<HTML eBay invoice followed. Changed to plain text for sake of my sanity versus inserting the code to display properly here.>>>

Here's the invoice for your item, waxnwax!

Dear waxnwax,
Thank you for your purchase. The total for your item below is $75.20.
Please send payment for your eBay purchase
You can pay me securely with any major credit card through PayPal. I accept the following payment methods: PayPal, Cashier's Check/Money Order.

Item # Item Title Qty. Price
3361396540 Beatles Yellow Submarine Lava Lamp MIB NR! 1 $44.00

Payment Instructions

Haven't heard from you yet. First invoice sent on 11/11. Please respond with payment preference or, if using PayPal, just use the checkout option. -Bart

Please email me at artbart@*****.net if you have any questions.

Thank you again for your purchase.

bartsmith

<<<Remaining eBay stuff snipped>>>
 

A couple of days later the NPB finally lets me know for sure he's not going to honor our contract. He replies using an earlier email I sent offering him the alternate shipping option that in his feedback he denies was offered to him:

Return-Path: <waxonwax@***.org>
Delivered-To: artbart@*****.net
Received: (qmail 9244 invoked by uid 417); 21 Nov 2003 03:12:51 -0000
Received: from shaw.***.org (207.189.190.22)
by 192.168.0.30 with SMTP; 21 Nov 2003 03:12:51 -0000
Received: from ***.org (dialup-ras25-217.eug.or.uspops.net [64.28.61.217])
by shaw.***.org (8.12.6p3/8.12.6) with ESMTP id hAL26DHs021544
for <artbart@*****.net>; Thu, 20 Nov 2003 18:06:14 -0800 (PST)
(envelope-from waxonwax@***.org)
Message-ID: <3FBD739E.9010309@***.org>
Date: Thu, 20 Nov 2003 18:08:30 -0800
From: william lindquist <waxonwax@***.org>
Reply-To: waxonwax@***.org
User-Agent: Mozilla/5.0 (Macintosh; U; PPC Mac OS X; en-US; rv:1.0.1) Gecko/20020823 Netscape/7.0
X-Accept-Language: en,pdf
MIME-Version: 1.0
To: artbart@*****.net
Subject: Re: Your invoice for eBay purchases - item #3361396540, Beatles Yellow
Submarine Lava Lamp MIB NR!
References: <000801c3ab22$8d6881a0$6501a8c0@muaddib>
Content-Type: multipart/alternative;
boundary="------------010305040503060401060203"


Hello-YOU should go ahead and relist as advised in your last email. I've been out awhile and this has been extended to to far. Thankyou and good luck, William

Bart wrote:
Iím not sure why I didnít get your first email unless you replied to the PayPal auto notice. I checked my copy and though it shows my address it also states at the bottom:

ďPlease do not reply to this e-mail. Mail sent to this address cannot be answered. For assistance, log in to your PayPal account and choose the "Help" link in the header of any page.Ē

All I can figure is that your copy does not have my address in the ďreply-toĒ header information so, true to the notice, it either went off to PayPalís bit-bucket or will bounce. Not sure why they do it that way Ė seems counter productive to me. Maybe in the future I should turn off PayPalís notification and just use eBayís. AnywayÖ

A shipping cost calculator was available on the auction page and only required one to enter a Zip code to determine the shipping total before bidding. I do that so there is no surprise on the shipping cost. Iím sorry you overlooked it. Itís a very nice feature. The $31.20 shipping charge quoted is for USPS Priority delivery. We can get shipping down to $26.88 by using USPS Parcel Post; itís just a little slower. I know itís not a lot less, but thatís the best I can do. It is a large package and weighs over 16 pounds and itís just going to cost a bit to get it shipped all the way across the country. If it makes you feel any better these Yellow Submarine Lava Lamps originally retailed for $130.00 plus sales tax and/or shipping so $70.88 delivered to your door isnít bad.

If you want to ship Parcel Post and pay with PayPal Iíll have to refund the difference back to your account since PayPal apparently wonít let you change the shipping amount (Discovered this when I tried to lower cost for someone for combined shipping recently).

So - thatís $70.88 total for delivery by Parcel Post or $75.20 for Priority delivery if you want it faster. If you pay with PayPal and want me to ship via Parcel Post, please include a note so I know to refund the $4.32 difference. To pay by money order, certified check, or personal check (personal check must clear my bank before I will ship) send to:

Bart Smith
*******
Antioch, TN 37013

Please reply with payment method and, of course, donít forget to include your shipping address with payment.
If you choose to renege let me know that also so I can file with eBay for recovery of my fees and re-list as soon as possible.

Thanks,
Bart


-----Original Message-----
From: william lindquist [mailto:waxonwax@***.org]
Sent: Friday, November 14, 2003 5:07 PM
To: artbart@*****.net

Subject: Re: Your invoice for eBay purchases - item #3361396540, Beatles Yellow Submarine Lava Lamp MIB NR!

Hello-As I mentioned in the 1st email, the night of the auction temination, I thought the shippng and handling charges were excessive and I asked for an alternative. Since then I've heard zero from you on this proposal. Therefore the auction in my opinion is in question. PLeeaasse repond. Regards, William Lindquist
 

<<<Note: eBay invoice followed and was apparently a little mangled by 'waxnwax's Mac email software or something>>>
artbart@*****.net wrote:
<!--[if !supportLineBreakNewLine]-->
<!--[endif]-->


<!--[if !vml]--> <!--[endif]-->Here's the invoice for your item, waxnwax!

Dear waxnwax,
Thank you for your purchase. The total for your item below is $75.20.

--------- snip 8< ---------


There you go. Just the facts!

 What I'm Selling 

Item Start End Price Title High Bidder/Status

Go see all current items for sale by this member.

 What Others Say About Me 

User:hutchkd ( 79Feedback score is 50 to 99)  Date:Sep-08-05 12:19:11 PDT
Praise: Thanks
User:jbright003 ( 16Feedback score is 10 to 49)  Date:Aug-25-05 10:11:24 PDT
Praise: Good eBayer, will do business again.
User:goosemama-half ( 31Feedback score is 10 to 49)  Date:Aug-24-05 12:20:37 PDT
Praise: Received S&P in great shape! Thanks!!
User:jovibluechow ( 84Feedback score is 50 to 99)  Date:Aug-23-05 07:48:17 PDT
Praise: AAA+ great transaction
User:oval-design ( 171Feedback score is 100 to 499)  Date:Aug-22-05 11:16:09 PDT
Praise: Fast shipping, safely packed...PROFESSIONAL + RELIABLE. Thanks!
User:david1701 ( 128Feedback score is 100 to 499)  Date:Aug-20-05 10:22:40 PDT
Praise: nice
User:415mariam ( 4 )  Date:May-02-05 09:41:23 PDT
Praise: shipped on time
User:dora_scully ( 76Feedback score is 50 to 99)  Date:Apr-24-05 02:09:13 PDT
Praise: Super fast shipping!!! Honest Seller, fast communication, Thanks :)
User:reddroes ( 91Feedback score is 50 to 99)  Date:Apr-21-05 05:46:38 PDT
Praise: Item Great just as Discribed Fast Shipping AAAAAAAA++++++**** EB>SELLER
User:39aedes ( 48Feedback score is 10 to 49)  Date:Apr-20-05 22:00:43 PDT
Praise: very pleased
User:gesauce ( 260Feedback score is 100 to 499)  Date:Apr-20-05 10:16:42 PDT
Praise: good product, fast fast ship great ebayer
User:vaccaro500 ( 311Feedback score is 100 to 499)  Date:Apr-18-05 14:00:03 PDT
Praise: Pleased to receive promptly shipped item in condition promised.
User:badcarebear ( 142Feedback score is 100 to 499)  Date:Apr-17-05 13:22:28 PDT
Praise: Item was PERFECT! Loved it! Would shop w/U again! Thank you! Take care!
User:leen3452 ( 5 )  Date:Apr-16-05 21:48:19 PDT
Praise: received within a few days and was emailed as soon as mailed great experience
User:edgein ( 345Feedback score is 100 to 499)  Date:Apr-14-05 19:10:07 PDT
Praise: An asset to ebay. Perfection. A+++++++++++++
User:atatmonkey ( 499Feedback score is 100 to 499)  Date:Apr-14-05 17:15:55 PDT
Praise: Great seller, super fast shipping!
User:rose3676 ( 152Feedback score is 100 to 499)  Date:Apr-14-05 11:48:20 PDT
Praise: GREAT JOB, YOU GET A A++
User:rose3676 ( 152Feedback score is 100 to 499)  Date:Apr-14-05 11:45:48 PDT
Praise: GREAT JOB< YOU GET a A++
User:daisysdeals1960 ( 146Feedback score is 100 to 499) Not a registered user  Date:Apr-10-05 09:21:11 PDT
Praise: Fast shipping! Thanks for a smooth transaction! A+++++
User:hartzo ( 19Feedback score is 10 to 49)  Date:Apr-07-05 19:03:07 PDT
Praise: Item in *better* shape than described! Excellent seller.
User:tcpastrano(private)  Date:Apr-06-05 09:23:58 PDT
Praise: awesome product and fast shipping. A+++++
User:jacynda22 ( 28Feedback score is 10 to 49)  Date:Apr-05-05 13:22:05 PDT
Praise: I just recieved my doll...quite lovely....fast and excellent service thank u !!
User:gilsbids ( 54Feedback score is 50 to 99)  Date:Apr-02-05 05:41:10 PST
Praise: AAAAAAAAAAAAAAAAAAAAA++++++++++++++++++++++
User:compcat567 ( 22Feedback score is 10 to 49)  Date:Mar-31-05 17:26:55 PST
Praise: Super fast service & pleasure to deal with!!!!!!!!!!!!
User:mtnstuf ( 775Feedback score is 500 to 999)  Date:Mar-31-05 07:22:36 PST
Praise: Fast shipping, item in mint condition, couldn't be better--thanks!!!


To see all feedback for this member, go to the Member Profile page.