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 ioughta
 
posted on November 27, 2000 07:46:10 PM new
How many of you attach this to your listing\

PLEASE NOTE:
"Should ebay site be unavailable during last 4 hours of bidding- seller reserves the option of cancelling all bids or accepting only those at reserve or above." Thank you for understanding.

Such a Catch 22--- don't want to list on Yahoo (who is never down) due to manipulation of listings, causing sales paralysis.
BUT if I list on ebay (who is always down) I will need to attach the above statement.

Revolting dilemma....

 
 breinhold
 
posted on November 27, 2000 08:02:39 PM new
i have been putting low reserves on my items with this at the end of my description"this auction has a very low reserve in case of system outage" it hasnt hurt sales in fact i think im getting more action.

 
 booksbooksbooks
 
posted on November 27, 2000 09:11:28 PM new
ioughta -- Safeharbor has told me that this type of disclaimer violates eBay rules.

 
 long_gone
 
posted on November 27, 2000 09:26:30 PM new
Books, Can you elaborate? Do you perhaps know the section of TOS that describes these rules?

I have been using a similar disclaimer. I feel that I have to. I have even called it to play twice, in agreement to the ending "winner".

I thought I was well versed with ebay TOS, but they can be "dynamic" to say the least, if one doesn't keep up.
Quite curious,

Kurt

 
 booksbooksbooks
 
posted on November 28, 2000 01:19:29 AM new
I'm speculating a bit here, because eBay has never given me an explanation, only a conclusion. And eBay is down so I can't check their site for quotes.


Here's what I think they are saying:

The User Agreement, I believe, requires that, when you list an item, you agree to sell the item to the highest bidder who meets your terms. They use a term like "extraordinary circumstances" as the requirement for refusing to sell.

Somewhere in the suspendable offenses, I believe, is a provision for NARUing a seller for repeatedly reneging on transactions.

So I think they view outages as "ordinary" rather than "extraordinary", and they reject the placement of conditions on that sale based on eBay's conduct, as opposed to the buyer's. IOW, you can say you won't sell if the buyer is outside the U.S., or has crappy feedback, or whatever, but you can't say you won't sell if eBay fails to meet your standards.

 
 macandjan
 
posted on November 28, 2000 02:08:21 AM new
[ edited by macandjan on Dec 3, 2000 10:38 AM ]
 
 long_gone
 
posted on November 28, 2000 09:06:12 AM new
Thanks books. Ebay going down is certainly ordinary. if it was extraordinary, I wouldn't need to add it!

 
 Lisa_B
 
posted on November 28, 2000 10:57:27 AM new
This is indeed a violation of eBay's User Agreement. If you report the seller to SafeHarbor, that seller will be issued a warning. If they persist, their auctions can then be cancelled.

 
 
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