Conditions Of Sales Really Protect A Seller?

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Author	Replies: 6 / Views: 1,493
arianzo Pillar of the Community Canada 2124 Posts	Posted 12/25/2013 6:54 pm Hi: I was reading the Conditions of Sales of one ebay seller and was wondering if that would protect the seller against a buyer who says that didn't receive an item sent by lettermail (no tracking). "By submitting a bid on this auction, you, the bidder, expressly confirm that you are aware of my conditions and that you agree to my conditions of sale without recourse. ......................... By selecting the lowest cost shipping method offered, you agree that you are aware of, and accept the risk such shipping method presents. Any possible loss will be 100% your responsibility. You will not receive a refund or other compensation. You further agree that you will not file a claim with either ebay or Paypal and that you will not issue neutral or negative feedback in the event of a lost or damaged shipment. You acknowledge that you are aware of the Paypal shipping requirements for the PayPal insurance to be effective, and that you will not hold the seller liable in the event of a damage or loss if you have not paid for a shipping method providing proof of shipping and delivery to conform with Paypal terms." This is one listing http://www.ebay.com/itm/Lot-of-2-To...ef065&_uhb=1 Report this Post to the Staff

kanga Pillar of the Community United States 5825 Posts	Posted 12/25/2013 7:57 pm eBay's rules are simple. The seller is responsible until the item is delivered. And delivery MUST be proven. That means at a minimum USPS tracking that confirms delivery; Signature Confirmation for items over $250. And whatever the equivalent is for UPS, FedEx, etc. No provable delivery = it didn't happen. You can say whatever you want in your TOS but proven delivery trumps everything. Report this Post to the Staff
LincolnGuy Pillar of the Community 917 Posts	Posted 12/25/2013 8:18 pm eBay/paypal WILL side with the buyer if there is no tracking info. Report this Post to the Staff
Pertinax Pillar of the Community United Kingdom 2135 Posts	Posted 12/25/2013 8:31 pm The seller's postage to the UK is rather expensive, much more than I've been charged by other Canadian sellers. I looked at http://www.ebay.com/itm/Lot-of-5-Wo...em35d0017ad9 and the cost of postage C$11.99 is more than I would expect to pay for the lot including postage. I wonder if postage = sales cost + postage is this seller's sales strategy and anything bid is a bonus. His TOS whether acceptable to PayPal or not suggests that he will argue them with delays in getting a refund, and in these circumstances 'No returns accepted' seems scary. Still he has got 100% feedback. Report this Post to the Staff
basebal21 Bedrock of the Community 13014 Posts	Posted 12/25/2013 8:48 pm The TOS sounds like it's just ebay and PayPal covering themselves leaving their options open with how to deal with things. It's not a terrible policy since you kind of get what you're asking for asking for no tracking shipping, but it does clearly say for lost or damaged items. If an item shows up damaged you can prove that. However, you can't prove a lost item was ever lost. Without tracking there's nothing showing it was ever shipped and USPS isn't going to say yea we probably lost it our fault. Like mentioned it will just get treated as if it was never sent since there's no proof it ever was. There is one instance where I could think where it actually would apply. International shipping usually only has tracking to your countries boarder without paying extra. If the tracking shows it getting to an international hub then it's never heard from again because the buyer didn't want the international tracking you might be covered. Always use tracking though unless you're willing to just send that item to someone for free. Report this Post to the Staff
stampvirgin Pillar of the Community United States 1247 Posts	Posted 12/26/2013 12:33 pm A seller's TOS mean absolutely nothing on eBay/paypal. ebay's rule trump everything. That kind of garbage on a sellers sale is for the uneducated people who buy on ebay. Report this Post to the Staff
pocket change 50 Pillar of the Community Canada 1751 Posts	Posted 12/26/2013 3:50 pm Stamp virgin is absolutely correct! Nothing you put in your ad trumps eBays buyer protection, and seasoned buyers know this. It just shows how uninformed the seller is. Or else he's trying to pull a fast one on newbies. It's a bunch of nonsense. Report this Post to the Staff
	Replies: 6 / Views: 1,493

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