Home  >  Community  >  The eBay Outlook  >  Are These TOS Legal On eBay ?


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 mcjane
 
posted on November 28, 2000 09:11:39 PM
What I am questioning is 3/4 of the way down where the seller says you must add a 10% buyers preimium if you don't pay within 10 days. Is that something for Safe Harbour to look into or is that a legal request or should I say order. This is cut & copied
directly from an auction.

We are not experts in anything we sell and we do not pretend to be, so some of our knowledge may be limited. Your help is always appreciated. All items are sold as-is, as-found, and all sales are final. Ask questions FIRST before you bid. We'll be more than willing to answer them but don't wait till the last minute and if you don't HAVE TIME during the auction then DON'T COMPLAIN ABOUT WHAT YOU GET or simply DON'T BID. Also: PAYMENTS must be received in 10 days unless prior arrangements are made. After 10 days you must add a 10% buyers premium or forfeit the item which will start a Dead Beat Bidder credit and a warning to you from Ebay. This does not apply to overseas buyers since the mail takes longer.
Good Luck and Thanx"


[ edited by mcjane on Nov 28, 2000 09:19 PM ]
 
 ubiedaman
 
posted on November 28, 2000 09:25:58 PM
OK...so let me get this right...

If I send payment, say...Day 3 after the auction, and it happens to be a Saturday, and the USPS in their infinite wisdom reroutes the letter in some eraatic way, and you recieve my payment on Day 11...are you gonna try to charge me an extra 10%?...if so, be ready for negs!!

I am sure these terms are legal by eBay standards, but I have found if you show a little trust, you will get a little trust back. I don't even have a "payment due by" section in my TOS, and have never had a problem except with TRUE deadbeats. I shoulda cancelled their bid in the first place!!!

Keith
I assume full responsibility for my actions, except
the ones that are someone else's fault.
 
 rawbunzel
 
posted on November 28, 2000 09:33:39 PM
They seem to not want any last minute bidders either.

 
 pineyhurst
 
posted on November 28, 2000 09:45:57 PM
As far as I know charging a buyers premium is not allowed on eBay.

However there are a few notable exceptions. Ebay itself, (Great Collections for one), and one seller that I know of who sells high end items, (most are between $2,000 and $10,000). A lot of people have complained about this particular seller and eBay would do nothing to stop it. The buyer however changed the description from a BP's to "SHI charges". So if you ever see SHI for a $2000 item that weighs between 1 and 2 pounds of about $250 don't be surprised.

As for the seller who demands a BP if payment is not received in 10 days, I would send the auction info to Safe Harbor.



 
 helencrump
 
posted on November 28, 2000 09:50:07 PM
I would just back out of any auction that had this as the terms. It's not just the 10% but the attitude!!

 
 mcjane
 
posted on November 28, 2000 09:52:57 PM
If you turn someone into Safe Harbour does S.H. identify you to the person you turned in ?

 
 mcjane
 
posted on November 28, 2000 10:05:06 PM
Actually I saw this auction two nights ago & never read the TOS I just noticed that there was no postage amount listed. I emailed the seller to find out how much the postage was.
They still have not gotten back to me !!! I went back to the auction tonight, I then read the TOS to see if I missed the postage, I didn't, It's not there. Even they don't pay attention to themselves. LOL

 
 decpage
 
posted on November 28, 2000 10:07:45 PM
I'll offer my two cents before this thread gets locked.

It absolutely amazes me that someone would devote all the time and effort required to sell things on eBay and then chase away potential customers with such hostility. And it happens a lot. What are they thinking?

 
 athena1365
 
posted on November 28, 2000 10:12:48 PM
mcjane,
I know exactly who you are talking about because I read that in their auction too! (we are both currently selling the same item--and mine is in much better condition ).

I don't know if it is legal, but it certainly doesn't look good to potential buyers. Same thing goes for those people who list something along the lines of "I reserve the right to not sell this item if eBay has an outage during the end of the auction period." How can they do that? Outage or not, I would think they would have to honor the winning bid unless they had set a reserve ahead of time.

 
 MichelleG
 
posted on November 28, 2000 10:22:43 PM
mcjane

Because you have cut and paste the TOS directly from the auction, you have provided enough information to identify the Seller. There are several requirements outlined in the CGs that must be followed before this discussion can continue. You can find more details of the requirements here:

http://www.auctionwatch/com/company/terms.html#mesg

MichelleG
Moderator


P.S. And before anyone asks, I did a title and description search using three words contained in the TOS and brought up one Seller.






 
 
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