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@thecatspjs wrote:

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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.

 

 

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I agree, but I still have the same questions (sorry).

It goes back to additional consumer guarantees  - say I decided to start offering a lifetime warranty on my products. I'm not required to, and I'm quite sure that what happens to a lot of my items once they're out of my possession are completely beyond my control (issues of faulty materials / flawed design notwithstanding), but if I offered that guarantee, I would be legally obliged to honour it, so not being legally obliged to do something in the first instance doesn't mean the voluntary agreement to do it can't be enforced.

That's what I'm really trying to understand, can eBay legally ask sellers to provide these consumer guarantees (although, in real terms eBay promote themselves as providing them, even though in most circumstances, at best they will be facilitating them and the seller is providing them). And I'm calling them consumer guarantees because they primarily based on them (get the item as described or a refund, the nuts and bolts of how it will work are a slightly different issue in my mind, and are more about there being no real basis to dispute a case or a decision - for a seller anyway, where the risk to do so becomes pretty much unacceptable).