ebay new and used goods

[davidc4430]

hi, i'm just wondering now that the new give em back they're money policy is in full swing does ebay treat all sales on ebay as if the item was new regardless. i allways thought used good came with no money back guarantee but on ebay the seller was obliged to give an acurate description of the items condidion so the buyer had an avenue for refund if the item was not as described and could prove the item arrived in that condition. the new policy to me seems to be over riding the actual laws in australia. and i dont think any business can say thats our policy dont like it leave. if that was true then there would be no point in having laws would there?

[treasuress.4207]

David, I agree...... Ebay seem to think they're a law unto themselves.  

They seem to get away with this garbage because they are USA based, but I would be VERY interested to know from someone who has legal experience, how they truly stand in Australia in terms of not only this but other issues as well.

[cq_tech]

In a nutshell, eBay's new return policies breach the Sale of Goods Act and are therefore illegal, and any contract which is based on an illegal premise is automatically null and void.

[phorum_junkie*]

If a buyer returns an item and there is no fault by the seller, in other words it is correctly described, then ebay will cover the cost of the refund so it is more important than ever to point out any damages with second hand items and don't describe them as worn once or as good as new unless that is exactly how it is, as long as there are no unmentioned faults or the condition is worse than described the seller will not lose out.

[davidc4430]

so ebay decides the buyer can get a refund, takes the money from the sellers bank account and hands it over without the sellers permission? so what happens if the seller contacts his/her bank and says ebay/paypal have madean unorthorised withdrawl?

[cq_tech]

When you signed up with Paypal you gave them permission to do exactly that, but by the same token, eBay has no such right to plunder your bank account so they will invoice you for the outstanding amount instead. In fact, eBay cannot withdraw money from your bank account because you have not given them permission to do so.