Message:

<p>[QUOTE=&quot;krispy, post: 652885, member: 19065&quot;]Since you deem this is drawing to a close...</p><p><br /></p><p>It&#039;s wonderful that someone understands the law and can make use of it though we didn&#039;t hear many recitations of it from the thread initiator to help sort out the discourse. Someone else came along and took on this thread after a lot of inaccuracies were already afloat. I appreciate NP for challenging the thread. </p><p><br /></p><p>Also, I don&#039;t believe everything I read and eBay is certainly to be questioned in their policy. That&#039;s what I did when I read the new eBay policy about to go into effect, specifically questioning their ambiguous qualifier, &quot;In fact...&quot;. I did not, however, question the law or any codes within nor stand in defiance of the law and make any claims that I was above it. Further, I do not claim to act outside of the law nor in violation of my stated responsibilities to my customers. </p><p><br /></p><p>I never disclosed the terms I write into my eBay listings for this thread to consider, but save to say I am a member of your &#039;one-in-a-million&#039; club who does cover themselves with disclaimers added to the contract. I include these terms as I have learned from experience how imbalanced eBay policy is between Seller and Buyer and how misunderstandings can fly off the handle. I have not disclosed my terms here for my own protection amongst other Sellers so that I may maintain my competitive edge in sales, which is why I <u>do not suffer</u> like you wished to believe I do and to persuade others to think of me and my practice.</p><p><br /></p><p>Of course. eBay is trying to finally cover themselves, it was obvious they were an open target all along and their policy left them exposed, which is why Sellers who write in their own disclaimers are not trying to absolve themselves of responsibility alone, they need to protect themselves against losses and manipulation. Not all Seller added terms are out to screw over Buyers by writing complex rules designed to trick Buyers. But adding terms to the contract that a buyer can waive their rights to by choice does absolve a Seller of the responsibilities during shipping in question.</p><p><br /></p><p>This is what I said from the very beginning and what I have already been doing all along in my eBay auctions, yet several in this thread doubted the legality of doing so and questioned my understanding of eBay, law and good character. Also, try to understand that it is NOT the SELLERS insurance, as insurance is provided by the CARRIER. The Seller is not an insurance entity and cover losses. The Seller is an agent for the Buyer who offers by agreement to place the appropriate insurance on the parcel purchased by the Buyer. I see you keep indicating that the insurance is backed by the Seller, which it is not.</p><p><br /></p><p>Um, yeah. That&#039;s what I meant by the need to disclaim or not disclaim Seller responsibility in clearly written terms added to your listing all along.&nbsp; I do not respect nor deal with Sellers who manipulate Buyers in their added TOS by making them deceptive or designing pitfalls in an unscrupulous manner. I am out to write terms that protect both buyer and seller and these terms hold the carrier responsible for loss, damage and/or delay. Therefore Seller and Buyer are protected and experience no loss. Neither party comes out on top, they break even minus the minor cost of insurance. For it&#039;s not just law which you should understand but the fundamental principles of managing risk and insurance.</p><p><br /></p><p>I understand this because I am both an Buyer and a Seller with significant years experience on eBay and working within the constraints and costs over the course of eBay&#039;s evolution. I never balk about the cost of doing business nor utilizing eBay&#039;s service. However, these new policies do proceed with some sense of imbalanced between parties and I suspect that going forward there will be masses of problems when those Sellers who try to do business on the cheap start to fore go applying insurance and listing fees and if they do not learn to create terms to absolve their responsibility and refund issues then PayPal interventions, lost merchandise, exploited Sellers by devious Buyers, and how the new high cost of business will work against individual Sellers will transform eBay negatively. Sellers may/will go elsewhere and they will pay a fee at other venues but it will be eBay who lost their roots. Removing the optional shipping insurance is one less pillar of Buyer responsibility and choice that this venue based on trust and a good honest deals was built on. The next chapter is about to begin, let&#039;s watch and see the next phase of complaints and rules/rulings unfold.[/QUOTE]</p><p><br /></p>

Your name or email address:

Do you already have an account?

• No, create an account now.
• Yes, my password is:
• Forgot your password?

Stay logged in