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 jaylennon
 
posted on July 24, 2006 04:54:25 PM
THIS MAY BE A STUPID QUESTION BUT I WAS JUST WONDERING?........WHEN YOU'RE LISTING (AS OF NOW) IN YOUR EBAY STORE, ON THE LAST PAGE (RIGHT BEFORE YOU HIT SUBMIT)....THE EBAY STATEMENT READS 2 CENTS.....YOU WILL BE CHARGED THIS FEE EVERY 30 DAYS........CORRECT ME IF I'M WRONG, BUT ISN'T THAT LIKE A CONTRACT OF SORTS THAT THE CURRENT STUFF HAS TO BE (OR SHOULD BE RENEWED AT THAT PRICE POINT EACH TIME IT COMES UP FOR RENEWAL?.....THE WAY I SEE THINGS (AND AGAIN I MAY BE WRONG) FOR THAT PARTICULAIR ITEM YOU HAVE AN ONGOING CONTRACT........RIGHT OR WRONG ?

 
 ltray
 
posted on July 24, 2006 05:34:06 PM
WRONG
 
 fluffythewondercat
 
posted on July 24, 2006 05:39:20 PM
I am sorry to have to say this but you are in fact incorrect.

As a point of further fact, you have no contract with eBay whatsoever.

(Hint: The much-amended "User Agreement" is not a contract.)

I know someone who watches entirely too much _Law and Order_ and is fond of citing precedents from various episodes as if they were actual case law. Let us not confuse fiction with reality.

fLufF
--

 
 ltray
 
posted on July 24, 2006 05:41:09 PM
You agreed to the TOS when you resgistered.

"Fees and Services
Joining eBay and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Site."

 
 kozersky
 
posted on July 24, 2006 05:44:25 PM
Yes, the terms as you describe them form a contract, which is ongoing until the terms are modified. The terms have been modified by ebay.

Today, when you place your item for sale on ebay it would be listed until August 23rd (30 days later), at the cost of 2 cents. Further, the item would normally be relisted for another 30 days at the same price.

However, ebay notified all store owners that on August 22, the cost would increased to 5 cents. Which means the contract between you and ebay has been modified. You can accept the new terms and the item would relist on August 23 for 5 cents. Or, you can decide that you do not wish to accept the new terms and cancel your item, so that it is no longer listed.

Remember, when you first signed onto ebay, you agreed to ebay's right to change the terms of their Agreements with proper notice to you. Bill Cobb's letter was announced on July 19th. We had more than a 30 day notice of the price increase modification.

I hope this is helpful.


[ edited by kozersky on Jul 24, 2006 05:48 PM ]
 
 jaylennon
 
posted on July 24, 2006 05:51:25 PM
ok.so it was a stupid question...anyway.....I, like a couple others on here received a call this afternoon from someone at Ebay......It took me by surprise, so I didn't have a speech prepared or anything, but the Ebay rep did say she hadn't had a positive comment about the price increase all day.

 
 mcjane
 
posted on July 24, 2006 05:56:46 PM
No big suprize really. She'll never get a positive comment on a price increase.

 
 buyhigh
 
posted on July 24, 2006 06:28:20 PM
She expected a postitive comment from sellers who pay these fees? What kind of individuals do they hire to make these calls anyway>
buyhigh
 
 fluffythewondercat
 
posted on July 24, 2006 07:58:16 PM
kozersky is correct. I was not.

fLufF
--

 
 kozersky
 
posted on July 24, 2006 08:20:18 PM
fluff, thanks for the positive comment. It cost me a lot of money to learn that.

I can close my eyes and hear my Contract Prof. ask jaylennon's question a hundred different ways. Looking back, those were fun days.

 
 
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