Re: [CR]Re: Hidden Inventory/ - Government Regulated?

(Example: Framebuilders)

From: <CYCLESTORE@aol.com>
Subject: Re: [CR]Re: Hidden Inventory/ - Government Regulated?
To: classicrendezvous@bikelist.org
Cc: bikehunter@msn.com, questor@cinci.rr.com, richardsachs@juno.com, CYCLESTORE@aol.com
Date: Mon, 18 Nov 2002 03:31:04 EST

Hello Steve and Friends,

Point well taken. I have never sold on E-bay but watchout. I seem to spend alot there however so I know enough to be dangerous.

I do however buy lots more bike stuff than the average collector as I have an active cycle shop. I have maybe a hundred vendors I utilize in a year (maybe more I have 1400 I've done business with, higher than average but..). Since these vendors sell to me, unless specifically stated otherwise that I can't sell in a certain way by mail, internet, flea market, outside my area or territory I can sell anything anywhere by law. That may be broad fine print but I have authorization to sell and E-bay wants me to sell so I think it's sort of OK in their language. "or authorization to sell from the owner " seems to say unless the owner forbids it in my interpretation.

That's where this drop shipping (not common in our industry as we like to delivery it in person sometimes) is so wonderful. If I could drop ship my stuff I wouldn't have to a staff, or a store. I could even set my own hours and sleep late ; oops I already do that. Anyway it would be a little less complicated is some ways, maybe more in others but not having to touch everything saves a lot of wear and tear.

As I said I never sold nothing on E-bay but all me friends say I'd be walking clover if I did. Not pickin a fight but I was thinkin I could put a bunch of those Richard Sachs hum dinger frames on a Dutch Auction if he'd agree to sell to me without restriction to my intentions revealed or otherwise (Ebay, what me?) with delivery on or about Spring/Summer 2003.

THE AD: Buy in NOW--NNS NEW NEW STOCK, much better than NOS. Not NOS-New Old Stock dusty shop worn homeless scruffy frames. I'm not talking new bike smell here, I mean fresh, fresh, fresh, not even born or even a twinkle in the builders eyeball. I am offering the exclusive few that wish to purchase from a master builder that learned his craft long after his birth and well before his death (rare, rare, rare in the elite bike business). Yes, unlike store bought or NOS frames or bicycles you can pick your style, geometry and color before birth. Don't settle for some color or top tube length selected by others. Work with a living legend to build a bike just for you and you alone. Do you have good taste, bad taste, terrible judgment; don't worry Richard can help steer you through the quagmire of choices unless you are just absolutely hopeless (then you are on your own-your out Richard).

Go ahead, you want it, you need it, you even deserve it. Look, you are not going to live forever and neither is Richard. The BUY NOW button is to the lower right of this screen. You can't take it with you and your kids will waste your money anyway, you can count on that. Buy IT NOW. Enjoy first class Mojo with every transaction.

Good luck in you bidding,

Gilbert" a simple plan, we will all be rich, rich, rich, why does he call himself RICHard, hmm" Anderson as per CR rules, Wake County, NC- USA

In a message dated 11/18/02 12:31:39 AM, bikehunter@msn.com writes:

<< "As mentioned verbatum, the Ebay User Agreement Sec 5.1 says that the seller

must have clear legal title or authorisation to sell from the owner any

auction item on ebay."

Then again, ebay only lives up to about half of what their part of the

agreement specifies. ;-)

John Dunn in Boise


----- Original Message -----


From: "Steve Neago" <questor@cinci.rr.com>

To: "Richard M Sachs" <richardsachs@juno.com>; <CYCLESTORE@aol.com>

Cc: <classicrendezvous@bikelist.org>

Sent: Sunday, November 17, 2002 7:25 PM

Subject: Re: [CR]Re: Hidden Inventory/ - Government Regulated?


> Gilbert and Richard, I think you are both missing the point...
>
> As mentioned verbatum, the Ebay User Agreement Sec 5.1 says that the

seller
> must have clear legal title or authorisation to sell from the owner any
> auction item on ebay.
>
> Richard, you are the OEM manufacturer, so of course you can sell with the
> promise to later build - its your company and direct transaction with the
> consumer - no interim middleman supplier required. Ebay is only the

listing
> agent and supposedly not involved in the actual transaction except for
> possible use of Billpoint or Paypal services.
>
> Companies like CycleSport are different than Richard's because they are
> generally retailers who purchase from suppliers who purchase from OEMs - a
> substantially different business relationship than Richard's sole

proprietor
> owned company where he is the OEM. I believe that ebay has a far

different
> set of Company Agreement requirements than the User Agreement.
>
> If any company indeed advertises items on ebay without identifying they do
> not have possession or the items have to be ordered and the original owner
> of the stock is unaware, and the company is not a registered business with
> ebay, companies like this are violating the ebay user agreement and

possible
> State or Federal laws. I am sure most OEMs in a general sense frown on
> retailers pursuing ebay sales because ebay auctions often undercuts the

OEM
> suggested retail price. This makes it harder for the OEM's to control
> pricing and distribution of their retail line and creates a "gray market"
> the OEM cannot control.
>
> US retailers such as Walmart, Kmart, Staples, Office Depot, etc. cannot
> legally advertise a "sale" or "featured" item in the media when they do

not
> have the item available in stock, else a raincheck must be issued.
> Otherwise the retailer may be held liable by the government for "bait and
> switch" illegal marketing tactics. This is probably why ebay says you

have
> to own the auction item or authorisation to sell it...
>
> Regards, Steve Neago
> Cincinnati, OH >>

Gilbert Anderson

The North Road Bicycle Company
your bicycle outfitter
519 W. North St.
Raleigh, NC 27603
USA
ph toll free in USA :800/321-5511
Local ph: 919/828-8999
E-Mail: cyclestore@aol.com