Power Sellers Unite

elgato · Joined: 24 Feb 2005 Posts: 17240 Location: Texas

Jane Bell, one of the top eBay Education Specialists who provides consultancy to a host of eBay businesses has been a staunch friend of TameBay since the site was launched. Today she talks about her frustrations with seller terms and conditions.

I’ve blogged previously on the problem of Illegal Business Seller Terms on eBay on a couple of occasions. In April this year while browsing as a buyer and 3 out of 5 of the outlet sellers I looked at that day had illegal seller terms and put me right off buying from them … yes the eBayAnorak bought from Amazon, not the first time.

So, how much responsibility should eBay take for its Top Rated Business Sellers who continually flout the law and the EC Distance Selling Regulations as regard returns and refunds?

As a ‘selling venue’ is eBay responsible for the Top Rated Sellers’ it promotes from front page, outlet & deal of the day etc? Should eBay check that they are compliant with the law along with the other criteria for entry?

As I type this, a very large national retailer all over the eBay front page is charging a 10% restocking fee for returned items over £25. Ultimately the retailer is responsible for their T&C’s. eBay promote the ‘good buyer experience’ how can they promote a good buying experience at the same time as promoting companies with illegal seller terms that actually give a bad buying experience.

http://tamebay.com/2011/12/ebay-is-it-time-to-take-responsibility-for-illegal-seller-terms.html

Stockmiser · Joined: 03 Jun 2006 Posts: 1169

Not illegal "items" - illegal "terms" according to UK law.

It's an interesting article, with even more interesting comments. But what I wondered was if, like in the US, a seller's TOS really is irrelevant if it is in conflict with general ebay/paypal terms. When a seller accepts paypal (or any CC for that matter), they are assuming a certain amount of risk and liability for the transaction regardless of any terms or limits they set for their buyers.

In the UK there is really 2 issues. One is that any seller using certain wordings in conflict with statutes can actually be fined. The second is whether or not the terms have any affect on the actual transaction - the statutes clearly supersede a sellers TOS.

The article also assumes that these terms should be policed by ebay. I think it's one thing for ebay to police terms against ebay policy, and another to have to police terms that might be in violation of law in each country that a listing might appear in. If a seller in the UK lists terms that can result in criminal fines, shouldn't the UK authorities step in to enforce their own laws?

luckyalive · Joined: 27 Apr 2008 Posts: 589

I've never charged handling fees on eBay, yet I realize these are legit expenses. Someone running a large warehouse of lectronic has to pay someone to check that an item is returned in sellable condition. As far as you know the buyer could have dropped the item, casuing no external wear, but internal shock wear so now it does not work any more. By returning a open item the buyer has already reduced the value of the item as now it has to be sold as returned merchandise. If they did not include a single item from the package, even part of the packaging, the item is even worth less. When you buy items at retailers they are not legally required to return the item in many cases - they do so out of convenience and hope you will come back later. Who is eBay to say if restocking fees can be charged or not. They are suppose to be a venue. when the buyer signs his mortgage do you think hes going to be let out of it because he claims not to have read it? The fact of the matter is most buyers on eBay don't bother to even read the item description and pictures, let alone the terms.