---

@digital*ghost wrote:

---

@cmcoins2000 wrote:

---

@digital*ghost wrote:

The angle that I would be looking at this from is whether eBay can ask its sellers to comply with the terms - if they can, then they can't get into trouble for enforcing them, because by using the site once the policies are in force, a member has agreed to comply. In other words, is it ok for them to make it so that if you sell on eBay (which is voluntary), you have to be prepared to provide (let's just call them) consumer guarantees above and beyond what you would normally be required to offer. 

 

I don't know the answer to this question, but I think it's the most important one to ask at this stage.

---

From my experience with the law - if the law is being broken - no User Agreement, Contract or whatever is worth the paper it is written on.

 

 

---

 

 

 

To put it another way, retailers do not have to accept change of mind returns, they're not legally obliged to at all. But if they put a sign up saying "No questions asked return policy", then they are legally obliged to uphold that. Selling on eBay is now going to mean a bunch of signs are in your proverbial window, and because using eBay is voluntary, can it at all be deemed that the signs are accepted voluntarily just the same as in the retailer's change of mind sign? 

 

Would Westfield be able to say that any retailer wishing to hold space in one of their centres has to be able to offer change of mind returns?  i.e. How far can the conditions of use actually go? 

---

Really don't think so.

In these circumstances Westfield's only interest is in the 'Lease' of space with certain rules concerning the space.

Westfield in the first instance would know for what purpose the space was going to be leased.

They could not change the Terms & Conditions of the Lessee - not how their product is sold - unless there was something akin to damage to the space etc.