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@digital*ghost wrote:

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@cmcoins2000 wrote:

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@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.

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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.

 

 

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I get that, but what law is being broken? Is there a law saying that eBay can't require members to refund whenever an item is not as described? (I understand the potential for abuse these rules have, but the repercussions and/or how they are handled by eBay is an issue separate from the one I'm trying to get at). 

 

It's all very well and good to know and understand that a lot of sellers might not be legally obligated to refund a buyer in some / most / all / whatever circumstances, that's not the issue. What is the issue , or more to the point, what I don't know is whether eBay (or PayPal for that matter) can require a seller to refund in these circumstances as a condition of selling here. 

 

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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One of the areas that IMO that applies is unfair contract through imposing conditions on sellers (proof of delivery) that are not required under law nor could be enforced by law in a sales contract between seller and buyer.  It imposes responsibiity for events beyond a sellers control and/or additional expenses on sellers for sig on delivery etc.      eBay is also a beneficiary, reaping additional FVF for addional post expenses that would not be required otherwise.