Re: not clear

Peter Parry [peter@xxxxxxxxxx] said

> >And further down it says, all in one line -
> >
> >Postage cost -> FREE
> >Service -> Collection in Person
> >Available to -> United Kingdom Only
>
> It actually says "Services [plural] Available" which is quite
> different from your quotation.

But the meaning is clearly the same, plural or not.

Not trying to distract from the point with red herrings by any chance?

> Are you really trying to suggest that the section, including the
> words "will post to UK" and "Postage costs - free" really meant
> "Won't post to anywhere but if you think I should you need to talk to
> me about the price"?

Yes indeedy, as it clearly says that the item is collection only and
that there is no charge for this service while also indicating that
posting is an option but no price is given.

It is certainly what I would have done in the buyer's shoes, but then I
can read. :-)

> >But the listing also quite clearly says "collection only"
>
> It says nothing of the sort.

Yes it does - look again.

> The listing in total isn't well written
> and the poor use of language has contributed to the problem.
> "Collection only for this item from Woking, Surrey." does not, even
> by itself, say that collection is the only option. That phrase
> alone, lacking punctuation as it does, can be read in a number of
> different ways. Does it mean-
>
> Collection, only for this item, from Woking
> Collection only for this item. From Woking

Ah I see, is English is not your first language. :-)

> The confused buyer therefore goes to the place one would expect to
> find the answer - the postage section. There it says "Postage -
> FREE". It also offers the service of collection in person and just
> to clear things up quite explicitly says "Will post to United
> Kingdom".

Not withstanding that the seller has made a mistake in the listing, why
put so much effort into listing all the ways the that text can be
interpreted incorrectly when it is easier just to read what it actually
says?

> How you manage to mangle this into :-
>
> "Will post to United Kingdom" means "Won't
> post to United Kingdom or anywhere else"

Which is exactly what it does say. Not ideal as the seller made an error
in picking options when creating the listing but the other words in the
listing make this pretty obvious and the true meaning clear. And if in
doubt - ask.

> and
> "Postage - FREE" means "Postage - NOT FREE"
> is certainly interesting.

And again, exactly correct, it says that postage is free because you
must collect in person. No rate for actually posting the item is give
nor is a service defined. Clear enough.

> >so, by your
> >very clear logic, this is also a term of the contract.
>
> If an advertisement is ambiguous it is interpreted in favour of the
> buyer as it is assumed the seller knew what they were doing when they
> wrote it. That this assumption is plainly incorrect in this case,
> the seller apparently had little idea of what they were doing, makes
> no difference. Ignorance is not a defence.

The listing does not say that "put a stamp on it" postage is free so
therefore the seller would win.

> If the section clearly headed "Postage,..." in big letters and colour
> says "Postage - free" then it is reasonable for the buyer to assume
> the seller meant it especially as it then says "Will post to United
> Kingdom".

Indeed it would be if it said that, but it doesn't as you are again,
missing out the next few words - "collect in person".

> The problem is the seller has made a several mistakes in putting
> together a very sloppily constructed sale. Rather than accepting
> responsibility for those mistakes they are trying to wriggle out of
> their responsibility.

Gosh. Harsh words indeed.

There is an error in the listing, yes, but that error still doesn't
cause the listing to state that postage is free for any service other
than collection.

Anyway, it seems that the buyer is more reasonable than you as I see in
another post that Zoe has got the situation sorted, which is good news.

> >So the contract is that the postage is free but the buyer can only
> >collect in person. Fair enough.
>
> If your first language is Gibberish it might be but not for users of
> English.

Say the man who doesn't see to understand that words written next to
each other are in any way connected.....
.

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