People are pretty much saying give up not going to happen you signed there agreement but that does not mean that I'm protected by aust consumer law as I'm a paying client and eBay are offering a service which I pay to use, they are the ones that have broken the agreement by not providing the correct support to fix the issue. It does not matter where they are located because they trade in Australia they are subject to our laws. I thank everyone for there responses. It looks like this is a first meaning the problem has never happened before it's about time someone stands up to them! Just because they are large does not mean you can't win that's the beauty about Australian justice still not like the states where money wins.

I understand what you are saying but the internet is somewhat different.

 

eBay and all other intenet sites conduct their business via servers, providers, Windows etc.

So your case may not even be against eBay.

It is also possible some cookies or a virus on your computer has caused a one of problem making it very difficult to pinpoint.

The burden of proof lies on you if you are going to action and that may be near impossible to find.

 

How laws apply to the internet is not the same and is still being tested.

Even though you may want the current laws to apply, unfortunately they don't necessarily when it's online especially if it is caused by technical issues.

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thats cool I will still try, I've lodged complaints with the privacy board and the ACCC and I just need to lodge my small claims summons with the court. Worst case I waste my time and there's but someone needs to do it might as well be me. Also talking to the paper about getting a story together they seem pretty keen as the amazon thing happening in Australia they see it as a good story for people on how eBay treat there sellers hopefully that happens publicity would be the best thing for me and bad for them. The band only for 3 days but it's not the point I had no control over this happening and eBay have acknowledged that yet the ban stands that's just plain silly.

* is only for 3*

Well I do wish you well in your endeavours. I agree that sometimes they need to be taken to task over some things.

 

I would invite you to come back to this thread and let us know the results/progress.

It would be good to see "David" win up against the "Goliath" for a change.

 

But for my money I'd say you would be pushing the proverbial uphill with a pointy stick.

 

Also talking to the paper about getting a story together they seem pretty keen as the amazon thing happening in Australia they see it as a good story for people on how eBay treat there sellers

 

If you think ebay is biased in favour of the buyers wait until you see how Amazon treat their sellers!

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It says in this book I am reading that by 2065 80% of women will be overweight.

See what a trendsetter I am?

Haha the grass is not greener over the other side that's for sure but the papers love a story like this. I know what you mean but if I can waste there time like mine I will see that as a win. Just turning up to court will cost them money. I'm under no illusions but that does not mean I will give up. Just going to stand my ground as it's more of moral thing now. Cheers for the reply

I understand that you are upset, but if you are really losing thousands of dollars as you say, You will be cutting off your nose to spite your face by getting ebay off side. Ebay wont even notice or care if it loses one more little seller, ( theres plenty more lining up to take your place ) but you will lose thousands of dollars in sales.

 

Unfortunately if you are going to sell on ebay or any other major internet platform you need to develop a very thick skin and adopt a fairly low care factor. If you get upset every time a buyer rips you off or ebay disrespects you, you simply wont be able to continue on the site as the stress will drive you nuts.

Hi I totally agree you could not have said it better. My only issue is if this happened to me once what's stopping it happening again like I've said before it's a software issue and I don't control any of that because it's just weird I've used eBay's message service for years and no problems and then all of a sudden my personal email address shows up in the time stamp that eBay are supposed to edit out. I've still using the same email address and phone to do it from nothing has changed at my end at all. I'm too scared to reply to a customer now because if it happens again they will ban me for longer. Do you see what I mean? Unless eBay actually listen it's just likely to happen to me again. I don't control there message system or the gmail platform so what do I do? Gmail aren't going to bother with my complaint so I'm stuffed either way. Unless you can think of an answer for me


@kopenhagen5 wrote:

 

 

As far as taking action against eBay, that will be very difficult because if you read the conditions you signed up for to use eBay, I think you will find that eBay relinquish all responsibility due to site and internet glitches. And as for the suspension, I also think eBay will be able to show the procedure of the system has acted in accordance with what you have agreed to when you signed their T&C's.


I agree that it would be difficult, but a site glitch is one thing, a decision eBay makes surrounding the result of a site glitch is something else, and wouldn't actually fall under anything where they have reliquished, declined or diminished responsibility, because a site glitch is an unpredictable event, the suspension may have been automated when the email was detected, but the decision to uphold the suspension was a deliberate decision / action. It would be the same as - for example - a site glitch causing a double charge for a postage label and then eBay deciding not to refund for the overcharge. They may have no responsibility for causing the overcharge (nor any responsibility for financial stress that arises as a result), but they definitely have a responsibility to refund or credit the overcharge. Though, that's a little more clear cut than this case, I suspect. 

 

The only logical reason I can think of for eBay to take that path would be if they thought there was an exploit being deliberately abused that can result in email addresses being embedded into the timestamp. I've honestly never seen that before (I've seen them in signatures that people have set up, but nowhere else unless manually typed in by the member). 

 

As others have said, I wish you well on your endeavours OP - am very curious about how it goes.