Originally Posted by Ataturk
That is complete and total nonsense, because if someone obviously doesn't understand the terms, and in fact indicates that he does not accept them, then there's no offer at all.
The mere fact that some automated intermediary like eBay lets you purport to accept the "offer" is irrelevant, and it's no excuse for not dealing with the person fairly. Neither is their attitude.
A seller is not doing the buyer a favor by "letting him out" of such deals. If anything, the seller should apologize for accepting the "offer" without reading it.
The problem with what passes for your logic is that I, the seller, am not clairvoyant. I have no way of knowing what you, the buyer, do or do not understand. When you click the little button on the eBay interface confirming your bid, you're telling everyone that yes, you DO understand and accept the terms eBay has set for you to bid, as well as well as any specific terms of the seller (i.e., shipping costs; item sold as-is; etc.) As a seller, it's incumbent upon me to understand the terms of doing business on eBay. As a buyer, it's incumbent on you to understand the terms of buying on eBay.
When you click that little button, you're entering into a legally (and morally) binding contract. Unlike your and Charley's fantasy assumptions, that contract is legally enforceable in a U.S. court of law.
As I said above, Tarmac should've more carefully read Charley's additional conditions. I've made this mistake once or twice in terms of shipping to an unconfirmed address not entered in PP or eBay. As Charley's additional terms contradicted eBay's and Tarmac's terms for the auction, if it were ME, I would've refused the bid. However, this does not excuse Charley for entering into an agreement he didn't take the time to understand the terms of, then refuse to complete it, then take on a sanctimonious attitude.
"Fairness" cuts both ways. Your concept of fairness is one where the seller must accept all liability and responsibility, and the buyer is free to accept none.
Sorry if I'm a little exercised on this one, but I know how hard I work to make people happy as a seller, and I suspect Tarmac probably does the same. We work hard enough for honest, responsible customers without catering to irresponsible people with entitlement mentalities.