posted on November 10, 2010 08:46:10 AM new
I've been selling on eBay since 1/99 and have seen all the changes and I have to say without a doubt the recent Buyer's Protection has to take the cake.
I'm not against protecting buyers from bad sellers, but when eBay allows 45 days from the sale for the buyer to issue a complaint and return it creates an environment wherein buyer's remorse becomes a real factor, that if there is a change in financial status of the buyer the item is coming back, etc.
Then eBay or PayPal assumes that the buyer is right and makes the seller eat the shipping one way...this can be rather expensive and is not a normal cost of doing business.
It also says that sellers are bad by the nature of the draconian rules stated in the buyer's protection.
More and more I see where sellers are putting in language in their listing where it states that a bid on their item is an agreement to the Terms of the Seller and not that of eBay. This to me seems like a good way of taking control back by the seller, but must be done in a way as not to alienate the buyer...a hard thing to do since eBay is so forceful in their message to the buyers.
What eBay fails to understand is that there will always be those who will manipulate the rules to take advantage and there will never be a perfect system, other than to proactively prosecute or aide in the prosecuting of those individuals who perpetuate fraud on others and get it out to the media.
I loved selling on eBay when it was just a venue and it was self policing, now I feel like I work for eBay as I've had to change my business model to fit their rules.
Question: Is there a way to put language in a listing that trumps eBay's rules and novates the sellers TOS as the binding rules/agreement?
posted on November 10, 2010 10:13:12 AM new
Question: Is there a way to put language in a listing that trumps eBay's rules and novates the sellers TOS as the binding rules/agreement?
NO,the only way to enforce your own terms is to sell off Ebay.
take a look at Epier,Etsy,Amazon,Rubylane,TIAS,etc
*
There is no 'Global savings glut',only wild horses and loose bankers.
posted on November 10, 2010 11:19:30 AM new
actually... I would have to disagree with hwa.
eBay may try to rule a transaction with an iron fist, it doesn't necessarily mean that the buyer is off the hook.
a seller could use their "binding" agreement wording to collect outside of the normal eBay channels such as collection agencies, going to court, etc. it is more a matter of how much trouble a seller wants to go through to enforce it.
consider the lawsuit by the attorney who sued the seller for defamation through eBay feedback. Just because eBay allowed the feedback at the time, doesn't mean that the person can't sue outside of eBay. I would assume the same applies for monetary transactions.
posted on November 10, 2010 11:21:39 AM new
our attorney advised us to include "no refunds/exchanges" on our credit card receipts. It makes it much more difficult for a buyer to reverse charges, and if their credit card company still reverses it, it doesn't let the buyer off the hook on making good for the item they received. we can easily take them to court to enforce payment because they agreed to the terms by signing the agreement.
posted on November 10, 2010 11:43:14 AM new
Yes, it would be a legal issue and interpretation. Another question would be, is it worth the effort? I have to say yes in some instances.
I take the position that I own what I choose to sell and that eBay rather they like it or not is just a venue or conduit between the buyer and seller. They argue that they arise above that as their name and reputation is at stake.
EBay will try to enforce their rules, but I see a lot of eBay cases on those court TV shows which may be an avenue of fairness for the seller.
What gets me is how draconian the rules are against honest sellers on eBay. I wish I hadn't built my business on the goodwill I've created on eBay and diversified many years ago.
