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04-01-2022 07:32 PM - edited 04-01-2022 07:37 PM
@bmanly3 wrote:
Who pays for the missing item?
The T&Cs can be found at the link below, but I find this one of interest (emphasis mine):
eBay is not liable for the loss or damage of any item until it has been received at the designated collection location. Please refer to the terms and conditions of carriage with your carrier if an item is lost or damaged in transit. eBay is not liable for the acts or omissions of a carrier. eBay's maximum liability under these Terms is that set out in the User Agreement.
This implies that ebay is liable once it arrives at the collection point? Though nowhere that I could see does it state so explicitly. In fact the previous paragraph says:
eBay does not take possession of the item and you agree that eBay is not a bailee. eBay, ParcelPoint and Hubbed excludes any and all liability (whether arising under contract, common law or statute) for any duties arising as a bailee to the fullest extent permitted by law.
This is them basically saying that at no point are eBay considered in possession of the package(s), and do not accept any liability in that capacity - that I get, but it kinda contradicts the implied statement of the paragraph that follows it. More concerning is excluding ParcelPoint and Hubbed from liability as a bailee, though (which in layman's terms means taking possession of but not ownership, which usually means duty of care and liabilities - they are excluding the entities but not the actual locations, eg it'd be a bit like Uber Eats saying they take no liability for the quality of food that you get from any specific restaurant I guess, but that would potentially leave either buyer or seller fighting with a specific store if something went wrong after delivery to the collection point).
Link below, anyway - maybe someone else can put it all into better context than me imperfectly interpreting and / or just reading between the lines / making assumptions, as that is less than ideal 🤣