whjr15 said:
He DID, in fact, say that there WERE shiping charges in the auctions description. It doesnt get much clearer than that. If the buyer doesnt take the initiative to contact the seller, and proceeds to bid anyway, its no ones fault but the buyers.
I am not saying I would bid on such an auction. Yes, best avoided.
But that is not the point. The OP won the auction. I am simply trying to advocate for the OP, and from that position, I would argue every potential issue I could raise on his behalf. And I'm not even a lawyer!
And yes, it gets much clearer than the seller's conflicting language. Read any of my auctions, where I either flat out state the shipping charge, or I use the shipping calculator. The seller was too damn lazy to use the calculator, too lazy to check his auction, too sloppy to draft it right in the first place. Therefore, the seller should lose.
I would beat the seller over the head with the
two places in the auction this appeared:
Ambiguities are resolved against the party who drafted the language. That's a basic legal principle. It's the seller's fault the auction is contradictory, so he should lose.
Why is anyone trying to defend this seller? He is sloppy, lazy, and maybe dishonest--he might know the mixer doesn't work, and he is probably trying to grossly overcharge for shipping.
I calculated a 90 lb. package from here (NC) to CA, retail dropoff, residential delivery, that is about 80 bucks UPS. The OP has already paid $90. The seller should ship, lest he be forced to give back the $90.