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I'm not a business, do I need to comply?
I'm not a business, do I need to comply?
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Discussions in this board are limited to the original poster and Community Mentors
I'm not a business, do I need to comply?
7700go
OP4 months agoYes, "details" ARE in fact enforceable! Why do you think you have a "details" clause; with certain stipulations/provisions therein? What do you think they are just page filler? Just like the description clause, is that not relevant?
There are a multitude of complications that can arise in any transaction, and the more clarity, and less ambiguous they are mitigates the potential for same.
When a buyer makes a purchase that buyer executed the transaction BASED on the information provided by seller as part of the "purchase agreement"! If a buyer does not like the terms then in that event he/she does not have to purchase the items. State laws allow rights of owners in many cases to supersede boiler plate policy of any institution, company, vendor, etc.... those rights are inherent in civil code.
Do you not think that if you as a buyer bought an item from say Sweetwater, Ebay, Macys, etc... regardless of "their" policy, that you would not have a position to litigate?? Same holds true for a seller. Ebay provides detailed "seller" input therein with added seller stipulations in order to provide clarity, disclosure, and terms, otherwise Ebay wouldn't have that. Thank you all for your input on this! Oh, by the way, nearly 1,000 transaction with PERFECT, not a SINGLE disparaging feedback!!! And all my buyers are "friends", proof is in the pudding.
inceptions
Mentor4 months agoDo you think you as a seller have the right to violate the user agreement you signed by including nonenforceable terms in your listing description?
Because if you do, you are mistaken. First paragraph...
1. Introduction
This User Agreement, the Mobile Application Terms of Use, and all policies and additional terms posted on and in our sites, applications, tools, and services (collectively "Services") set out the terms on which eBay offers you access to and use of our Services. See an overview of our policies. The Mobile Application Terms of Use, all policies, and additional terms posted on and in our Services are incorporated into this User Agreement. You agree to comply with all terms of this User Agreement when accessing or using our Services.
https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259
inceptions
Mentor4 months ago@7700go
@monroe67 brings up some excellent points about the disclaimer at the bottom of your listing description. To add some specifics...
If your question, "do I need to comply," has anything to do with your stated terms, the answer is that you need to comply with eBay policy whether you "are a business" or not. Terms of sale that are not in compliance with eBay policies are meaningless and not enforceable.
momtoabeautifuldaughter
Mentor4 months agoCouldn't have said it better myself.
monroe67
Mentor4 months ago"I'm not a business, do I need to comply?"
In general, yes. When you list things for sale on eBay, you need to comply with eBay's rules and regulations for sellers.
I took a look at only two of your current listings, two very different items, one near the low end of your prices and the other near the higher end of your prices.
At the end of both of those two listings you have an eight-paragraph "Details of listing" in very small print.
These "details" look like an attempt by you to make your listings look like you are, truly, conducting a "business".
Many of those "details" are in direct non-compliance with eBay's policies and procedures. You can find those policies and procedures in eBay's User Agreement.
Some of those "details" are just plain wrong, like your "detail" about sales taxes.
Others are non-enforceable by eBay or by you, such as: "Returns: In the event seller accepts returns, then buyer and seller herein agree to the following, which shall furthermore supersede any other Ebay provision specified in the listing therein, and/or Ebay return policy of 'money back' guarantees."
Hoping you never have a dispute with any buyer . . . . .
7700go
OP4 months agoThanks so much for the input, however, let me add to that per your reply in order:
1. Ship time: Yes, seller will not be penalized for longer times due to fact in many cases "issues" may pop up BEFORE item is shipped and after purchase, e.g., addresses, names, locations, countries, etc...., between B&S, and they need to be worked out prior to ship!
2. Carriers have to be left opened! Who knows where the potential buyer is even from and whether or not certain carriers even go there?!
3. Yes, you can deduct ship costs on a returned item (if not damaged), If an item is returned simply due to a buyer not liking it or change of heart it certainly can. Ship is free if they KEEP the item.
4. Yes, Insurance on a return can be required under the same scenario as #3 above.
5. Yes, you can charge a restock fee under same scenario as #3 above.
Sellers do not get penalized or are "out of pocket charges and labor" for a buyer change of heart returns, it's up to that seller if they feel that's ok with "there" personal Ebay sales, otherwise the seller are free to implement those details and a buyer is free to purchase or not.
Thanks.
inceptions
Mentor4 months ago@7700go
1. Ship time: Yes, seller will not be penalized for longer times due to fact in many cases "issues" may pop up BEFORE item is shipped and after purchase, e.g., addresses, names, locations, countries, etc...., between B&S, and they need to be worked out prior to ship!
Yes, and your handling time must accommodate that. The handling time on your listing is 5 days which conflicts with the non-enforceable 10 days in your T&C.
2. Carriers have to be left opened! Who knows where the potential buyer is even from and whether or not certain carriers even go there?!
If you don't want to specify a carrier, you need to select "Standard shipping" and list with a flat rate instead of a calculated rate. The objection you bring up happens SO rarely that it doesn't even bear mentioning. In 22 years selling over 79,000 items, never once have I not been able to ship via USPS. Alternatively, you can list with multiple shipping options (USPS, FedEx, UPS) and allow the buyer to choose. That way you can use calculated shipping which is far preferable to a flat rate for more items.
3. Yes, you can deduct ship costs on a returned item (if not damaged), If an item is returned simply due to a buyer not liking it or change of heart it certainly can. Ship is free if they KEEP the item.
You can deduct the shipping cost for remorse returns where shipping is stated as a separate cost. If it's "free" shipping, it's "free" shipping. You cannot deduct the shipping cost you paid.
4. Yes, Insurance on a return can be required under the same scenario as #3 above.
There is no way to do this, even if it were allowed. When you approve a return, you do not have an option to add insurance to the return label. Insurance cannot be added to the label after it's already purchased.
5. Yes, you can charge a restock fee under same scenario as #3 above.
See policy here:
https://www.ebay.com/help/selling/managing-returns-refunds/handle-return-request-seller?id=4115&st=3&pos=2&query=How%20to%20handle%20a%20return%20request%20as%20a%20seller&intent=restocking%20fee&lucenceai=lucenceai&docId=HELP1113
Misuse of this protection
Sellers may only deduct an amount from the buyer's refund in order to recover lost value when an item is returned used, altered or damaged. Sellers may not use this protection to recoup market losses on items returned in the same condition or recoup return postage and/or restocking costs.
IF you were a top-rated seller, you could make a deduction if the item arrives back to you damaged or not in shipped condition. This applies to remorse returns (NOT for item not as described returns for damaged item received).
https://www.ebay.com/help/policies/selling-policies/seller-protections?id=4345&st=3&pos=1&query=Seller%20protections&intent=seller%20protections&lucenceai=lucenceai&docId=HELP1267
For further questions/comments about what you think is allowed by policy and what actually isn't, refer to the User Agreement (link at bottom of every page) and the Help topics (link at top of every page). I've provided a few links to get you started.
I do understand that you may not like the responses you received, but they are sincerely meant to help you.
monroe67
Mentor4 months ago"2. Carriers have to be left opened! Who knows where the potential buyer is even from and whether or not certain carriers even go there?!"
With thanks to my fellow eBay Community Mentor, inceptions, whose response above helped me understand what you are trying to say with that comment . . . . . .
It is true, of course, that no eBay seller has any idea where their potential buyers are from or where they live now, or whether the delivery address will be to their work address, or will be sent to a relative's or friend's address across the country for a gift.
I am currently looking at your listing for a guitar. The listing shows "free shipping" meaning I, the buyer, will not have to give you any money toward the shipping price. I see four (4) options for shipping: UPS Ground, FedEx Ground, USPS Ground Advantage, and something called "Economy Shipping with Adult Signature Required", whatever company that is.
Still assuming I might buy that guitar, knowing I won't have to pay any shipping price, if I were so inclined I'd look up which of those four options would be more expensive for you, the seller. And that's the one I'd choose.
According to eBay -- and remember, YOU agreed to follow all of eBay's rules, regulations, policies, and provisions -- YOU would be required to ship the guitar to me using the delivery carrier chosen by me, your buyer.
Yes, even though I did not pay for that delivery carrier option, but because you, the seller, gave me four delivery carrier options and I chose the one I preferred. Even if it is the most expensive for you, the seller. Nobody, not even eBay, needs to know the (real) reason why I chose the carrier I do/did. (I never did like the brown trucks that UPS uses, though.)
If you did not use my preferred carrier, and if I notified eBay that you did not send via my preferred carrier, the one I chose from the four options you gave to me, YOU could be facing selling "defects" and punishment from eBay. If you do that to enough buyers who complain about your rogue shipping practices, eBay could start charging you higher Final Value Fees or limit your listings. They could even remove you as an eBay seller forever. And ever.
"Sellers do not get penalized or are "out of pocket charges and labor" for a buyer change of heart returns, it's up to that seller if they feel that's ok with "there" personal Ebay sales, otherwise the seller are free to implement those details and a buyer is free to purchase or not."
Again, you don't seem to understand that YOU, the seller, agreed to follow all of eBay's rules, regulations, policies, and provisions, at the time your listings go active.
Nothing you type into the box labeled for Item Description will ever "supersede" eBay's policies and rules.
I certainly do hope, for your sake, that none of your sales or listings ever end up in a legal dispute involving eBay.
You will lose.
inceptions
Mentor4 months agoHi @7700go
Comply with what?
You've been selling on eBay for at least 16 years (based on one of the replies you left to feedback received). What do you mean you're not a business?