eBay

whiteyswrecking · ‎09-27-2023

Ok, so was talking to a friend ( BOOB lawyer ) great guy though !! LOL

So since listings are a binding LEGAL agreement ( as stated in eBay's rules )

I was informed that when the listing STATES CLEARLY return shipping is buyers responsibility ( FOR ANY REASON ) , eBay can not force sellers to pay return shipping .. The buyer HAS agreed to the listing shipping and return policies , A BINDING AND LEGAL CONTRACT !!!

Very interesting....

1786davycrockett · ‎09-27-2023

@whiteyswrecking

"I was informed that when the listing STATES CLEARLY return shipping is buyers responsibility ( FOR ANY REASON ) , eBay can not force sellers to pay return shipping .. The buyer HAS agreed to the listing shipping and return policies , A BINDING AND LEGAL CONTRACT !!! "

What you are suggesting is an un-negotiated rider to the original eBay contract, which has no legal standing, since eBay did not agree to that change. Since the foundation of the contract originated with eBay, eBay is empowered with the sole ability to make contractural changes on its own -- as it regularly does -- and would not honor any verbiage counteracting its original contract.

stainlessenginecovers · ‎09-27-2023

The 'binding contract' would be NULL/VOID (when a seller is forced to 'pay' for the return shipping because the buyer is saying "YOU DIDN'T SHIP WHAT YOU SAID YOU WOULD SHIP" (Not as Described).

So, the SELLER broke the 'binding contract' by NOT shipping the item and/or the item in a condition that was stated.

retro_entertainment_collectibles · ‎09-27-2023

@dbfolks166mt wrote:
There are actually contracts the first is between the seller and eBay the second is between the buyer and eBay. There is no contract between the buyer and the seller. The seller is bound by the contractual agreement with eBay as it is outlined in the terms and conditions the seller agreed to when they entered into the agreement. The buyer is similarly bound by the terms and conditions they entered into the contract with eBay.
The only way the contractual arrangement is null and void is if violates one of the 5 basic elements of a contract or something within the terms of the contract is against the law or illegal. One party cannot change the terms of the contract without the consent of the other party. Listings that attempt to override the terms of the contract are invalid. A lot of people mention the MBG but this applies to all the terms of the contract, fees, restricted items, funding holds.........................

True yet, some Terms of Services agreements when testicled in an actual court of law have been found to be nuts. No pun intended.

whiteyswrecking · ‎09-27-2023

Great answer !!

tobaccocardyahoo · ‎09-27-2023

Contracts are not self-enforcing. The costs of paying a Boob lawyer are often greater than the value of a dispute.

fern*wood · ‎09-27-2023

Would you want to be forced to pay return shipping on something you bought that was obviously not as described? If that was true, many would not buy here.

maxine*j · ‎09-27-2023

@whiteyswrecking wrote:
Great answer !!

And I'm sure you think it's the only "great answer" here, right?

If you and your lawyer friend believe you can out-smart, out-maneuver, and out-argue eBay's entire legal department, go for it. You have nothing to lose but several hundreds of thousands of dollars and a few years of your life.

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maxine*j · ‎09-27-2023

@stainlessenginecovers wrote:
The 'binding contract' would be NULL/VOID (when a seller is forced to 'pay' for the return shipping because the buyer is saying "YOU DIDN'T SHIP WHAT YOU SAID YOU WOULD SHIP" (Not as Described).

So, the SELLER broke the 'binding contract' by NOT shipping the item and/or the item in a condition that was stated.

Yep. Perfect Tender Rule. Uniform Commercial Code (UCC) § 2-601. But evidently OP's lawyer friend believes OP can circumvent it (don't ask me how).

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dbfolks166mt · ‎09-27-2023

@dbfolks166mt wrote:
There are actually contracts the first is between the seller and eBay the second is between the buyer and eBay. There is no contract between the buyer and the seller. The seller is bound by the contractual agreement with eBay as it is outlined in the terms and conditions the seller agreed to when they entered into the agreement. The buyer is similarly bound by the terms and conditions they entered into the contract with eBay.
The only way the contractual arrangement is null and void is if violates one of the 5 basic elements of a contract or something within the terms of the contract is against the law or illegal. One party cannot change the terms of the contract without the consent of the other party. Listings that attempt to override the terms of the contract are invalid. A lot of people mention the MBG but this applies to all the terms of the contract, fees, restricted items, funding holds.........................

True yet, some Terms of Services agreements when testicled in an actual court of law have been found to be nuts. No pun intended.

Exactly my reference to the legality of the terms within a contract. Putting a contract out on someone while it meets the terms of a binding contract is a misnomer since the contract itself is illegal. I fully expect that at some point there will be a class action lawsuit over eBay's holding of funds for an extended period of time, in some cases perpetually.

kensgiftshop · ‎09-27-2023

@whiteyswrecking wrote:
The listing is the buyers contract ! as stated in eBay rules THEY have agreed to the listing.. YOU need to read the agreement

Copy and pasted from #7 purchasing--
You enter into a legally binding contract to purchase an item when you buy the item, commit to buy the item, your offer for the item is accepted, you have the winning bid for the item, or your bid for the item is otherwise accepted, regardless of when payment is due or received,

No, that doesn't say they agree to the listing, it says they agree to pay for the item when they buy it.

Have a great day.

chapeau-noir · ‎09-27-2023

It took me a while but I finally struggled past BOOB lawyer.

Any legal and binding contract is with eBay, not with individual sellers - we don't have the power to circumvent eBay policies when we're on eBay's real estate.

“The illegal we do immediately, the unconstitutional takes a little longer.” - Henry Kissinger

"Wherever law ends, tyranny begins" -John Locke