Monday, January 18, 2010

Terms Of Service and Protection from Negs

Reading an Ebay listing can be very intimidating. Sellers sometimes make vile threats, refuse to accept returns, or what not. Mostly, TOS are just so much attempted intimidation of newbies. Most have nothing to do with ebay protecting seller from any feedback buyer might leave for seller.

There are two relevant rules/procedures.

1. Unwanted bidder.
2. UnPaid Item

Invoking "Unwanted/Malicious Bidder" can sometimes yield protection from a neg, but only in a very few kinds of cases:
1. Buyer requests shipping to a place where seller does not ship.
2. Buyer demands to pay in a way seller does not accept.
3. Buyer has bid on this item despite being blocked on a different id.
4. Buyer has bid on this item maliciously, usually as payback for a neg going the other way.

NON-protection from neg involving unwanted/malicious when seller refuses to complete the transaction:
1. Buyer has too few fb.
2. Buyer is from some area seller doesn't want to ship to, but the listing included shipping to that area.
3. Buyer made demands which seller did not agree to.

Invoking the UnPaid Item dispute protects seller in most ordinary cases where buyer did not pay. This includes cases where buyer did not pay as much as was agreed, and was refunded.

NON-protection from neg involving a UPI is the rule whenever buyer did pay in full, but was refunded for any reason. NON-protection also follows from issues which arise between end of auction and payment.
1. Buyer paid, but seller's TOS "required" payment quicker than buyer paid
2. Buyer asserts some real issue with seller, or the stuff, regarding why it did not make sense to pay. Such as:
a. Seller explains that the item is broken, lost, fake, or significantly different than described.
b. Buyer identified some kind of discrepancy, such as the picture showed the wrong thing.
c. Buyer identified an undisclosed wreck which a car had been in.
d. Buyer requested authentication, which was declined.

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http://forums.ebay.com/db2/topic/Ask-Griff/Ask-Griff-April/520109343&

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