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Subject: 
Re: Cancelling orders -- a Brickbay issue
Newsgroups: 
lugnet.market.buy-sell-trade
Date: 
Sat, 9 Sep 2000 04:53:06 GMT
Viewed: 
456 times
  
    I am not going to spend any time checking out the legalize of Brickbay's
Terms and Conditions for uses their site.  A lawyer can do that if they
wish.

    This is turning into a "lose lose" situation.  Some earlier dialogue may
have helped.  Alfred loses because he can not buy some Lego to complete a
project.  Clark loses because he has lost a sale and a good customer.  And
the Lego community might lose because the community might lose another Lego
seller.

    This is what a good friend of mine said after his marriage broke up.
The marriage counselor suggested that they each "spill the beans" sort of
speak.  Once, they "spilled the beans", they could no longer retract the
hurtful things that had been said about each other.

    Alfred says that the Lego "smelled" badly.  I don't doubt that.  That
has been known to happen.   Some Sellers get their Lego from multiple
sources.  There is a good probability that some of the used Lego is
"Smelly."  I just consider that is one of the risks of buying used Lego.  I
won't say that I was happy when I received some Lego that had a strong odor
of smoke.  And this Lego still smells.  I just haven't had time to clean it
yet.  And Lego that has not been adequately dried has been known to get
moldy.  "Smelly" is a relative thing.  Have you ever wondered what a farmer
smells when he builds his house close to his barn ?

    When bad things happen, the two parties should first try to resolve the
problem privately.  Did Clark send "Smelly" Lego to Alfred or did something
happen to it along the way ?  What was Clark going to do about it ?  Alfred
did not consider his feedback as negative.  Alfred claims that he gave
positive feedback when he wrote to Brickbay.  But Alfred clearly states that
the goods he received was "smelly" in his feedback.  The reader can judge
for themselves whether that was negative feedback or not.  Some of us might
differ.  Did Alfred try to resolve the problem with the "Smelly" Lego with
Clark and try to get Clark to make amends before he provided the first
"public" feedback ?  Buyers should give Seller's the benefit of the doubt
and try to solve the problem privately and give feedback if they can not
resolve the problem.

    Clark understood that Alfred was unhappy with his first purchase and
offered to refund the money to Alfred.  What more can Clark do !

    Much to Clark's surprise, Alfred ordered more Lego from Clark.  Clark
thought the second order was all a mistake and cancelled the order because
the condition of his Lego had not changed and Clark understood that Alfred
was unhappy with his first order.  At this point Alfred could have sent
Clark a note stating that he understood that the Lego was the same and he
still wanted the Lego.  Maybe they could have figured out why the Lego was
"Smelly" in the first place.  Clark may have been prepared to sell Alfred
the Lego as long as they both understood that the second order might still
be "Smelly."  If Alfred was prepared to take the risk that the second order
of Lego might still be "Smelly", Clark may have been prepared to fill the
order.  Or they could have both agreed that the second order would not be
mailed in a sealed plastic bag.  Or Clark could have said, "Buzz off."  But
at least they would have had the dialogue.

    But it appears that this dialogue did not take place.  Alfred sent
Brickbay a memo asking that Clarke's privileges to sell Lego on Brickbay be
revoked.  I should not be too quick to jump to any conclusions.  This is
only what I understood happened based on what I have read.  I have only
heard one side of the story.  I can only imagine Clarke's reaction.

    No one likes to have their order cancelled.  But attempts should be made
to resolve differences privately through dialogue.  The public forum should
be used when reasonable attempts to resolve things privately have failed.
Sometimes things are said publicly that permanently damage any potential for
a relationship.  Like my good friends marriage.   Like Humpty Dumpty,  once
its broken, it might not be possible to fix.

    Anyone want to volunteer to be a mediator ?

Albert Shikaze

"Brian Kasprzyk" <brian.kasprzyk@westgroup.com> wrote in message
news:G0KwLE.1pw@lugnet.com...
In lugnet.market.buy-sell-trade, Geoffrey Hyde writes:
You should not be seeking discuss this here.  FAR better would be to seek
legal counsel, and have them examine the brickbay TOS to see if any of it
actually could be legally upheld in court.

Cheers ...

Geoffrey Hyde


I don't believe looking for legal action for a $5 purchase makes any • sense.
The point is, the seller is acting like a child.  Just because he did not • like
the posted feedback doesn't mean he shouldn't sell to that customer.  How • many
times have you been angry at a restaurant or retail store?  Did they block • the
doors and not let you in because you got in one of their employee's faces? • I
think not.  The seller should have completed the sale, but ask the buyer • not
to post a comment, if he has an issue, until after they have discussed it. • It
is one thing to say you will not sell to a person with negative feedback.

I also feel this IS the place to talk about such things since there is not • a
bulletin board on BrickBay.  I had a similar issue on BrickBay.  I bought • some
used sets.  The person washed the pieces to try and 'clean' them up and • then
stuck them into PLASTIC bags, wet.  By the time they came through the • mail,
they stunk of mildew and the sails (2 sets were ships) had green mold • growing
on them.  I notified the seller of this issue, not requesting a refund, • but to
inform him that in the future, not to do that to other buyers.  I was also
missing a few pieces.  I emailed him 2 more times and the person never
responded to my emails.  I posted a positive feedback, but with a clause.



Message has 1 Reply:
  Re: Cancelling orders -- a Brickbay issue
 
I have to agree here. I should have talked to Clark about the smell on the pieces, before I made a public response that he subsiquently took offense for. However, a number of things got in the way, which may or may not help Dan to make a better (...) (24 years ago, 10-Sep-00, to lugnet.market.buy-sell-trade)

Message is in Reply To:
  Re: Cancelling orders -- a Brickbay issue
 
(...) I don't believe looking for legal action for a $5 purchase makes any sense. The point is, the seller is acting like a child. Just because he did not like the posted feedback doesn't mean he shouldn't sell to that customer. How many times have (...) (24 years ago, 8-Sep-00, to lugnet.market.buy-sell-trade)

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