I think I'm done eBay

[belindabargainhunter]

So I received an item today a pair of shoes that was ment to be new in the box however it did say worn once which I took for trying on inside, otherwise how is it new.
I received it in the mail mud at least I hope it mud on the soles, soles worn down and inside of the shoes u can see foot prints.
I emailed the seller only to get all captain responses telling me it said worn once. I explained yes but then how are they new in the box.
Anyways after just rude I don't give two hoots answers and I decided stuff it my money's gone its not worth the return but this seller is getting a negative. Something I have only done once maybe twice.
Well what do I learn power sellers can't receive neg for 7 days after purchase. What the what makes a power seller any different to other sellers. So because this person is a power seller they can be rude, send clearly not as described items. Not happy eBay

[davewil1964]

So you got exactly what you ordered, but wanted to neg the seller for your PERCEPTION of their attitude? Which has nothing to do with 'description', 'postage time' or 'postage cost' and would only marginally impact 'communication'. There are NO DSRs for 'attitude'.

Says everything, really. Maybe your lawyer was correct - you would be guilty of defamation in that case, as your negative would be undeserved, unfounded and defamatory.

[*crikey*mate*]

What JHOS is saying about their legal advice just isn't true.

No lawyer would say that punitive or examplary damages could be awarded for a defamation case. They teach that on the first day of law school!

and as for the rest - it's just wrong.

I think it is time to raise the flag

[pinktoedannie]

Exemplary and punitive damages - that is, compensation in excess of the plaintiff's actual damage- can not be paid.
However, damages certainly are payable if the defamation is proven.   I think Crikey is merely using terminology to ridicule james, which is a shame, on a public board.  

If loss of income was part of the plaintiffs complaint in the first place, this income would certainly be taken into consideration when the judge was determining what damages may need to be paid. The cap for damages is $280 500

Defamation is a tort, or a civil wrong, which occurs when defamatory material relating to an individual is published.  Material will be defamatory if it could:

• injure the reputation of the individual by exposing them to hatred, contempt or ridicule;
• cause people to shun or avoid the individual; or
• lower the individual’s estimation by right thinking members of society.

For a defamation action to be successful, three elements must be satisfied:

1. the information was communicated by the defendant to a third person other than the plaintiff (publication);
2. the material identifies the plaintiff (identification); and
3. the information/material contains matter that is defamatory, regardless of whether the material was intentionally published or not (defamatory matter).

Provided that no defences are applicable, if the elements are satisfied then the defendant will be liable to pay damages to the plaintiff to compensate him or her for the damage caused to his or her reputation. 

[*crikey*mate*]

*sigh*

I will always correct false information. JHOS stated that their advise said that they would be awarded punitive damages, and no lawyer or anyone capable of using google would say that as it just isn't true.

BTW

damages for non-economic loss is capped at $280 500 [current as at 20 June 2008 - this amount is reviewed on or before 1 July every year]

[belindabargainhunter]

I would just like to make it clear that my wanting to leave a neg was not based just on a rude seller. It was based on the product. The only thing the rude seller Sid was spend up me wanting to leave the neg as they were not going to take any responsibility for this. I would have excepted a part refund or I would have returned the product for a full refund of the purchase price.
Anyway I put a claim in with PayPal they have seen in my favour I will just return them now and I think I will put more importance on a sellers feedback