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@cmcoins2000 wrote:

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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? 

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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.

 

 

 

 

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What I'm really trying to understand is whether or not there is something to dispute at a different level here on eBay and with their Money Back Guarantee T&Cs. I figure the best way to do that is not just by knowing what the legal rights and obligations of the seller may be, but what (I suppose in a nutshell) what eBay can get away with legally, or how. That is, rather than the "you can't make me" approach, but the "why do you think you can?" approach.