Thursday, April 14, 2011

Seller TOS has no formal effect

From time to time we see where people believe that if they put something in their TOS expressing requirements/demands upon buyer, and buyer does not follow that TOS, negging instead, that ebay will protect such a seller.

Not.

Here's a story:

My listing: 290552748008

It was for a code off a playing card to receive an item in an online game. I have been scammed out of codes by low feedback bidders saying the code didn't work or that they received a wrong item. Since, I can't track the codes once sold to make sure they were used I posted on the listing no bidders under 25 feedback & 100% feedback scores. In the past I have had many buyers under 25 feedback and was able to come to agreements on selling them the code once I explained my situation & that it was no reflection on them personally, I just needed to protect myself. I would request that they send me a message via eBay messaging saying they would not, under any circumstances, request a refund or second code (IE: if the code didn't work or they received a wrong item) & that they were more than welcome to contact my previous low feedback winners to make certain they had the same request & received the proper code. If they were uncomfortable with this I have always refunded their money minus the fees their bidding cost me (since it clearly stated on each listing: I DO NOT ACCEPT BIDS FROM BIDDERS UNDER 25 FEEDBACK).

I received a bid from someone with no feedback and when I offered the solution they wrote almost incomprehensible gibberish back to me saying I was causing drama and I needed to send them their code. After several back and forths I accepted their refusal to come to an agreement of terms and refunded their money. Now I have a glaring negative feedback. What can I do about this?! I have had 100% positive feedback for years and this is distressing!

I have filed a case with the buyer saying I wish to cancel the transaction and refunded the money like eBay had suggested I just don't know if I am going about this in the right way. On a side note eBay needs SELLER PROTECTION!


Then

I went ahead and called eBay live. Took forever to find their phone#...

I was unable to get the negative feedback reversed however the gentleman read over my messages back and forth and said he would block buyers from seeing what the person said. He also advised me to respond to the negative feedback & open a request to have the buyer remove the negative feedback. I did respond however I think requesting this @$$ to remove their negative feedback will be a waste of my time so I'm not going to do that.

I have since updated all my code sale listings and will be mailing than rather than emailing them. And have put more specific forewarning on my listings. Hopefully that will deter low feedback buyers in the future.

Thanks for all the help!

3 comments:

  1. TOS is an integral part of any business in any venue, it is in place to protect buyers from making a mistake both buyers and sellers may regret.

    ReplyDelete
  2. it is in place to protect buyers from making a mistake both buyers and sellers may regret.

    On ebay, TOS exposes the level of seller confusion.

    The more strident the TOS, the more confused the seller.

    ReplyDelete
  3. sg51 said:On ebay, TOS exposes the level of seller confusion.
    The more strident the TOS, the more confused the seller.


    If that was true, then that is more of the reason for buyers not buy from so called "confused sellers" to save the time & hassle for both trading partners.

    Even eBay suggests IMPROVING listings by posting TOS.

    -> Improve performance with clear terms and conditions

    -> Selling practices - Terms and conditions

    Posters suggesting to bypass TOS reading & comprehension are potentially damaging to all sellers, the venue and minor and major shareholders.

    ReplyDelete