- Mark as New
- Bookmark
- Subscribe
- Mute
- Subscribe to RSS Feed
- Highlight
- Report Inappropriate Content
on 08-10-2012 12:13 PM
Ok I’ll to keep it short and simple.
PayPal is not insurance. It says so in the PayPal agreement. Please do some research as to what the word “insurance” actually means as distinct to what you think it means, or think it should mean.
In that part of the agreement dealing with Buyer Protection PayPal uses the specific word ‘Recover”. Please do some research as to what the word “recover” actually means as distinct to what you think it means, or think it should mean.
Now get a copy of the “Sales of Goods Act” from any State Government web site or Auslii, and read it in its entirety, but pay particular attention to those parts dealing with “risk” “delivery” “contracts” and “Goods Bought on Description”. Oh and don’t forget the “Definitions” section because it tells you what specific words contained in Act actually mean, and also get yourself a copy of the Oxford Concise dictionary as is the accepted reference for finding the ordinary meaning of words which are not defined in the Act. Then go onto Auslii and start reading the case law as how the legislation is to be interpreted on a case by case basis.
Or in the alternative, you could go to your University Book store and ask for the current reference text being used to teach Sales Contract law. They usually run to about 400 pages and cost somewhere between $50 and $100. Make sure you read it from cover to cover.
Now once you’ve done the necessary reading, please provide me with an answer to the following.
Why is it that, whereas other PayPal agreements, such as the UK agreement, make specific mention of items damaged in transit as falling within the Buyer Protection policy, when it comes to the Australian Agreement it is totally missing?
Is it because they forgot or was it deliberately omitted?
Now if you believe it’s a simple oversight, you could bring this argument to an immediate end by informing PayPal of the oversight. Then, once they are aware of problem they can take quick action to produce the necessary amendment. I mean how hard could it be. It only requires the inclusion of about a half a dozen words, which, when included, would put the issue beyond doubt.
But hang on, PayPal have been aware of this supposed oversight for years and though they regularly update their agreement, they have never taken any steps to remedy this obvious oversight, and if you do the necessary reading, you may come to understand why.