Has anyone else taken a case to the ACCC regarding Ebay policies and their interference in sale?

[missstrabo]

Has anyone else taken a case to the ACCC regarding Ebay policies and their interference in sale which is actually between a buyer and a seller, not ebay and a buyer?

I have an issue where Ebay issued a refund to a buyer for goods that I have not yet received back to me so I am out of pocket both the item, the monies paid to me for the item and the postage for sending the item originally and 2 postage returns labels.

The buyer also gave me a negative review so my reputation has been tarnished but Ebay doesn't even want to discuss.

[repentatleisure1952]

Has anyone else taken a case to the ACCC regarding Ebay policies and their interference in sale?

Not me....another member may be along with more information.

Why two return labels?

What does tracking show on those labels?

"The buyer also gave me a negative review so my reputation has been tarnished but Ebay doesn't even want to discuss."

There are three sides to every story..

1.What the buyer says in the neg.

2.What you say in the false positive you left for the buyer.

3.What really happened.

Some more details of the case would be usefull.

[maranock]

I would be surprised if anyone would come out on top if going against Ebay at the ACCC. Ebay have excellent lawyers who comb through every law to make sure that they comply, even if they are just skirting on the edge. The Ebay lawyers don't miss any loophole they can legally use.

[kopenhagen5]

Taking eBay to the ACCC.

Lets see.

You have signed to their terms upon opening your eBay account.

Buyer hasn't necessarily follow the rules.

You have broken the rules.

Amount in dispute is a total of less than $50.

I don't think you have a chance even through VCAT.

(Disclaimer - This is not to be taken as legal advice)

[performance_parts_clearance_centre]

I strongly suspect that this will end in tears if it proceeds.

Then again, given the high rate of "I'm going to the ACCC!!!!" posts that never eventuate in the poster actually going to the ACCC, perhaps not.

And, as always, "Feedback left for others" speaks volumes...

[porcelain_dolls_by_me]

"You have signed to their terms upon opening your eBay account."

I believe that you cannot sign away your statutory legal rights

[kopenhagen5]

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@porcelain_dolls_by_me wrote:

"You have signed to their terms upon opening your eBay account."

I believe that you cannot sign away your statutory legal rights

---

Correct.

However, eBay have issued a refund compliant to their T&C's in accordance to the buyer's request.

Feedback is also no more than subjective according to eBay's T&C's and eBay has the right to remove any feedback deemed as contravening rules.

Leaving very little realistic possibility of action against eBay by the OP.

There is, in my opinion, a case against the buyer but to pursue that is not cost effective.

[chameleon54]

Yes ebay can be incredibly frustrating at times, especially when they make decisions that are very obviously wrong. But the ACCC.......C'mon. Is it really worth all of that agro for fifty bucks ?

Just factor in the occasional dispute when setting your prices, pay up when sh!t happens & move on. If you factor a few ebay stuff ups into your selling price, ebay buyers pay for the disputes, so its not really your problem is it ?

Makes life a lot more simple and ebay a lot more tolerable.

[digital*ghost]

The ACCC will likely only be interested and act if eBay have violated your rights, or misled you about them, and there's an opportunity to fine eBay. 

The only time I ever hear about them doing anything, it's always a story related to fining an Australian business - sometimes quite rightly (price fixing), sometimes more questionably (saw them pat themselves on the back a while ago, for fining a well-known business tens of thousands of dollars because their return policy with regards to faulty items said something like "a refund, replacement or exchange will be offered", and the ACCC didn't think it made it clear enough that a buyer can insist on a refund, rather than accept either of the latter two, in the case of a major fault). 

There's nothing stopping you from contacting them, but you'll need to present a case for your rights / Australian cosumer legislation actually being breached, rather than just be expressing anger or disappointment at what happened (which, I fear, is what a lot of people do, and why they are disappointed by any response they get). 

[gumardee_coins_and_banknotes]

I would say mayebe apply to the ACCC or a Lawyer and see what they say, those who commented here are not all lawyers so their advice counts for little.