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Your advice sought on ebay dispute - Page 7

post #91 of 114
Quote:
Originally Posted by A Harris View Post
You assert, but offer nothing but your assertion. So for the last time, I admit there is a possibility I'm wrong, but ask for those who disagree to BACK UP what they are saying if they expect to prove a point.

As you have? Where?
post #92 of 114
Quote:
Originally Posted by tonylumpkin View Post
As you have? Where?
He sorta did it here.

Quote:
Originally Posted by A Harris
I just spoke with my ebay account manager about this. It seems there is nothing in the ebay policies/user agreement that specifically cover this. He thinks it is purposely vague. But his feeling is that the seller is the one who will ultimately get screwed on the deal, he even cited circumstances where a buyer recieves the package, fraudulently claims damage, and ends up with the item AND the money. I suppose the only consensus that is going to be reached is to insure every package - no doing the buyers favors by making it optional, period.

post #93 of 114
Well besides knittieguy, I am the only one who has actually looked up and on several occasions cited the: terms of the sellers auction, relevant UCC articles, and ebay policy. But anyways, I tire of this.
post #94 of 114
As an eBay Powerseller (gold/silver depending on the month), I am still shocked that reputable eBay sellers do not insure their items when they ship them. Let's make it clear: INSURANCE IS FOR THE SELLER, NOT THE BUYER. If you accept PayPal, then shipping things without insurance is a sure fire way to lose money. The only things I don't insure are things under $25 that I would have no problem paying out of pocket for if a dispute arose. If you insure: You get your money back Buyer gets their money back If you do not insure: Buyer gets their money back You do not get your item or money back And finally, your Terms of Service mean nothing. You have to deliver the item as described to the buyer. You ARE responsible for non-insured items, whether you say so in your listing or not makes no difference whatsoever to eBay/PayPal.
post #95 of 114
Quote:
Originally Posted by A Harris View Post
Well besides knittieguy, I am the only one who has actually looked up and on several occasions cited the: terms of the sellers auction, relevant UCC articles, and ebay policy. But anyways, I tire of this.

Just a final note.

Although I have yet to purchase anything from you, I am aware that you are an eBay seller of the highest repute and look forward to the day when we might do business together. Rest assured...I will purchase insurance...as I always do.
post #96 of 114
I decided tonight to self-insure my ebay items from now on. I have increased the shipping on several items I listed tonight (75 cents extra for items I expect to sell for under $50, a few dollars more for bigger-ticket items that will sell for $xxx).

It's a small-enough increase that most buyers shouldn't care, and I made a note at the top of the auction that shipping costs will include insurance.
post #97 of 114
Quote:
Originally Posted by VMan View Post
I decided tonight to self-insure my ebay items from now on. I have increased the shipping on several items I listed tonight (75 cents extra for items I expect to sell for under $50, a few dollars more for bigger-ticket items that will sell for $xxx).

It's a small-enough increase that most buyers shouldn't care, and I made a note at the top of the auction that shipping costs will include insurance.

Don't declare that you are doing it. I forgot to post earlier that ebay DOES have specific policy regarding self-insurance:


"Insurance: Sellers offering insurance may only charge the actual fee for insurance. No additional amount may be added, such as "self-insurance". Sellers who do not use a licensed 3rd party insurance company may not require buyers to purchase insurance. This is a violation of state law."
post #98 of 114
Quote:
Originally Posted by A Harris View Post
You assert, but offer nothing but your assertion. So for the last time, I admit there is a possibility I'm wrong, but ask for those who disagree to BACK UP what they are saying if they expect to prove a point.

I'm too lazy to look it up for you.

The simple answer is that the public policy and/or common law at the foundation of contracts do not allow one party to unilaterally assert the right not to perform while still expecting the other party to perform.

An eBay offer to sell merchandise that also contains language claiming that you're not responsible for shipping does not trump your obligation to make a good faith effort to perform as the contract obligates you to. Which is to get the merchandise to the buyer who has paid for it.

Contracts have a variety of implied terms that do not have to be spelled out and that cannot be abbrogated because it's in your interest not to perform them.
post #99 of 114
Quote:
Originally Posted by A Harris View Post
Don't declare that you are doing it. I forgot to post earlier that ebay DOES have specific policy regarding self-insurance:


"Insurance: Sellers offering insurance may only charge the actual fee for insurance. No additional amount may be added, such as "self-insurance". Sellers who do not use a licensed 3rd party insurance company may not require buyers to purchase insurance. This is a violation of state law."

Right; I don't state in the auction that I am self-insuring, just that insurance is included in the S&H. But of course if the buyer says the package does not arrive and checking the tracking number does in fact confirm this, I will refund the buyer out of my pocket.
post #100 of 114
I think that is especially what is going to get you in trouble though - stating you are charging for insurance and then not buying any, they are saying it is a violation of state law. I suppose it would be best just not to mention insurance at all and pay out of pocket if the item does not arrive. If I'm reading it right anyway.
post #101 of 114
Quote:
Originally Posted by VMan View Post
Right; I don't state in the auction that I am self-insuring, just that insurance is included in the S&H. But of course if the buyer says the package does not arrive and checking the tracking number does in fact confirm this, I will refund the buyer out of my pocket.

Man...you guys are getting into some dicey stuff here.
post #102 of 114
What about getting the shipments actually insured by an insurance company - is that possible?
post #103 of 114
Yes, you can do that. And btw I'm not advocating self insurance. I insure all my packages the regular way.
post #104 of 114
my head just exploded
post #105 of 114
Quote:
Originally Posted by lawyerdad View Post
Not the same thing, really. This is a potentially complicated area, and particular laws or regulations, or factual twists, may kick in the change the default rule in particular circumstances. But as an initial principle of contract law, if the seller makes on offer on specific, clearly communicated terms, acceptance of that offer is deemed acceptance of the offer in its entirety (that is, of all of the stated terms).

Is this true LD? I thought the buyer typically makes an offer to the "advertisment" of the auction. This may be different for auctions, but it's the buyer making an offer to purchase, I thought. Well, that's the extent of my "analysis."
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