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EBay Got This Absolutely Right (for a change)
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<p>[QUOTE="NPCoin, post: 652411, member: 5629"]That remains to be seen in court if and when any individual or class decides to file complaint against them for any situation that may arise regarding their claims. eBay's policies and user agreements in no way append or change any legal sales contract entered into by a buyer and seller. To do so makes them party to the contract. I would suspect that eBay would reply with a resounding "no" to any question to this affect.</p><p><br /></p><p><br /></p><p>There have been no "reversals" of old law, simply a precedence and affirmation in common to codified law. A reversal of a lower court's decision, yes. But not a reversal of law. The law has not changed, and neither has implementation of said law. And again, ethical and moral right is not necessarily legal right.</p><p><br /></p><p><br /></p><p><br /></p><p>And that is your prerogative as a merchant. However, your choice to conduct business in such a manner in no way makes others' business practices "illegal" because you have a differing ethical view of the situation.</p><p><br /></p><p>If eBay does do away with the option for sellers to have the buyer obtain insurance through the carrier, but offers the insurance option through themselves, I suspect that an even bigger can of worms will eventually open up. And as I stated previously, eBay's policies and user agreements are not part of the legal contract, and their policies and agreements do not supersede your sales contract.</p><p><br /></p><p>If the seller explicitly transfers title upon payment, and provisions the buyer's payment for insurance (whether it is included in the shipping costs or not), that is the legal sales contract. Sure, eBay could disallow the seller from continuing to use their venue, but their policies do not change your legal contract.</p><p><br /></p><p><br /></p><p>You have been presented with factual and verifiable codified law and court opinion regarding this issue. Do you really believe that this statement by eBay is correct? I have presented you with fact. I do not expect it to change your perceptions or practices at all, as it should not since that is not the reason for bringing this to light. That is not the point here. The point is that certain business practices are perfectly legal and have been validated through the legal system already. These practices are not necessarily "illegal" because you ethically do not agree with them.[/QUOTE]</p><p><br /></p>
[QUOTE="NPCoin, post: 652411, member: 5629"]That remains to be seen in court if and when any individual or class decides to file complaint against them for any situation that may arise regarding their claims. eBay's policies and user agreements in no way append or change any legal sales contract entered into by a buyer and seller. To do so makes them party to the contract. I would suspect that eBay would reply with a resounding "no" to any question to this affect. There have been no "reversals" of old law, simply a precedence and affirmation in common to codified law. A reversal of a lower court's decision, yes. But not a reversal of law. The law has not changed, and neither has implementation of said law. And again, ethical and moral right is not necessarily legal right. And that is your prerogative as a merchant. However, your choice to conduct business in such a manner in no way makes others' business practices "illegal" because you have a differing ethical view of the situation. If eBay does do away with the option for sellers to have the buyer obtain insurance through the carrier, but offers the insurance option through themselves, I suspect that an even bigger can of worms will eventually open up. And as I stated previously, eBay's policies and user agreements are not part of the legal contract, and their policies and agreements do not supersede your sales contract. If the seller explicitly transfers title upon payment, and provisions the buyer's payment for insurance (whether it is included in the shipping costs or not), that is the legal sales contract. Sure, eBay could disallow the seller from continuing to use their venue, but their policies do not change your legal contract. You have been presented with factual and verifiable codified law and court opinion regarding this issue. Do you really believe that this statement by eBay is correct? I have presented you with fact. I do not expect it to change your perceptions or practices at all, as it should not since that is not the reason for bringing this to light. That is not the point here. The point is that certain business practices are perfectly legal and have been validated through the legal system already. These practices are not necessarily "illegal" because you ethically do not agree with them.[/QUOTE]
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