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@5kazam wrote:

DG wrote ...That is, rather than the "you can't make me" approach, but the "why do you think you can?" approach....

 

The 'why do you think you can?' approach appears to be covered in Other Terms point 1. 

• Buyers and sellers permit us to make final decisions about all cases, including appeals.

   

  Which obviously means all sellers who continue to list on eBay have agreed to that T&C - not only not a level playing field, but full of rocks and unseen deep holes where sellers can take a spill.

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I'm actually interested in whether or not any of the Money Back Guarantee T&Cs really could be challenged legally, since there is generally a common agreement about the extent of legal obligations a seller may have and I understand most of them quite well, so I also understand the points others have raised about eBay's T&Cs compromising rights, but what I don't understand is on what basis these T&Cs have been introduced, and if/how they could be successfully challenged beyond that. 

In some ways, at the moment I interpret the whole thing a bit like "you don't have to if you don't want to, but if you list on eBay then by virtue you indicate that you want to, and we'll make you keep that word", so I just want to know if it's legit to impose it that way, and if it is, then knowing you don't have to doesn't amount to a great deal. But if it isn't, then knowing exactly why not is the best way to challenge them on it.

If that makes sense.