@donnamccwynnum wrote:
Hi Folks
I do hope i word this correctly here goes
drum roll ....
Ok say for arguement sake
I posted an item
the buyer did not recieve the said item
Can Ebay be accountable ,,,, to help look or find the said item ???
as Ebay has taken a % in the postage costs
which to my knowledge would come down to a tort case???
Would they be responsible for the item being faulty, since they took a commission of the sale price?
I suspect the answer, to both, is no....but I'm just theorising with very little legal knowledge under my belt, all things considered. But...I'm not sure if, in real terms, eBay would be deemed to be taking a percentage of postage, because the amount you put in the P&H field is a quote for you to provide a service (which is to package and send via a third party) to the buyer, and that (probably) makes a difference, just because such technicalities generally tend to.
Or, to put it another way, you use eBay to offer an item for sale, eBay takes a commission. You use eBay to offer a paid service in addition to that item, and ebay now also takes a commission on that (I don't agree with it, personally, particularly the way it was implemented here). If an eBay label was used, that could possibly make a difference, don't know how much, if any, though, but they are party to providing (or facilitating) the service, at least (then again, they probably have T&Cs that exclude them from any form of responsibility for anything, like the "seller assumes all rresponsibility" note on listings, despite the fact they whack their own fairy-land info in them, eg the ETAs).
