eBay Makes Changes to User Agreement

Addresses Receipt of Counterfeit Items

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On Friday, eBay released a revised version of its user agreement. The changes deal with situations where a buyer has alleged receipt of a counterfeit item.

eBay Senior Counsel Scot Shipman discusses the changes in a company blog post. He says that under the changes:

Scott Shipman– Buyers and sellers shall work in good faith during the resolution process to determine that the item is not counterfeit.

– If buyer and seller cannot determine that the item is not counterfeit, buyers are required to send the item back to the seller. Cost of return shipping will be paid by the buyer or eBay, unless both buyer and seller have agreed otherwise.

– Covered claims that meet the conditions and are not excluded will count as a violation by the seller of our prohibited and infringing items policy.

– If eBay determines the buyer is not acting in good faith, eBay may restrict or eliminate their ability to return items or make future claims.

– Sellers shall not list, advertise, or cause that item to appear for sale, barter or trade, on any eBay Inc. web site or service.

According to Shipman, the goals of the revisions are to:

– Provide sellers protections against inaccurate counterfeit claims.

– Provide buyers assurances about the authenticity of the item received.

– Maintain integrity of the eBay marketplace.

The updates to the user agreement go into effect on June 14th for current eBay members. For new members, they will apply immediately.

I’m guessing eBay users will have some things to say about the changes. So let’s hear them. What are your thoughts?

eBay Makes Changes to User Agreement
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  • TelBoy

    Why the hell should buyers pay the return postage. If the item is counterfeit or not as described, then the seller should bear all costs!!!

    • Dr. T & the women

      That would be the logical thing… but eBay isn’t about logical thinking.

    • Guest

      Buyers will do anything to avoid paying return anything when they want to return an item. Change your mind about an item you bought? See it at a lower price somewhere else? Make the seller pay all shipping costs by claiming it is counterfeit! Sellers already have almost zero protections against fraud due to PayPal’s near-automatic granting of buyer claims, and no right to leave bad feedback. At least here the seller does not automatically have to pay return shipping just because a buyer “claims” an item is counterfeit.

      There should be some sort of measure though where if a seller receives a higher number of complaints eBay/PayPal has buyers return the items to eBay directly so they can investigate. If it is determined a seller is knowingly selling counterfeit items, they should be made to refund all shipping costs of every buyer who filed a complaint and should also be shut down.

  • Guest

    Ebay is not in any position to determine what is fake or not. Reliable 2 way feedback was once the only way of refining membership. That is gone with the one-way feedback system. Paypal is less secure than any traditional mail payment other than cash. Checks and money orders have better security. Any idiot with a computer can falsify their membership and payments through ebay. Paypal and ebay messages and emails are self flattering and insulting. Their constant requests for surveys are yet another self flattering mechanism requiring members to hump through pre designed hoops. F-Ebay is now as prevalent as F-Bush on a Google search. Add to that F-paypal and you have a thoroughly disgusted public. Their arrogance in demanding Paypal payments are damaging to banking, Western Union, international trade and individual creativity in America. This company stinks.

  • Guest

    ebay is getting to big for its boots i suggest giving other auction sites a go and see the differance, if theres a problem it can be solved so that buyer or seller are not favored in anyway….it seems ebay favors the buyer and not the sellers yet its the sellers that make ebay what it is today…so dont forget ebay…oh you already did didnt you lol!!!!!!!!!!!!

  • http://worldwatching.co.uk TB

    I gave up selling on ebay early last year having been scammed 3 times straight and vowed never again, and despite the odd cheap listing weekends that have come and gone, i have yet to see anything to tempt me back to the site.

    As a seller the system is geared towards trying to turn you into ebays bitch with no rights and open to being shafted by anyone who feels like doing so.

    As a buyer when something genuinely does go wrong you are now automatically considered to be a scammer by sellers desperate to protect the sale proceeds in case of a paypal refund being awarded as they are even when its obvious the seller is being scammed.

    My advice is ditch ebay and move on to safer places to sell

    • brian

      If you are not selling on ebay then where are you selling your stuff

  • Guest

    I am a current eBay seller and have done well. I do agree that eBay rakes the seller dry. After all they are taking approximately 20% of my profit….which is ridiculous….however, until I can get myself to a place where I can design and create my own website with the same SEO perks as eBay and foot traffic, then I will leave. My business is doing very well, and yes I know a few buyers who have screwed me out of some money, but I have so many other happy buyers that that .5% is nothing. It’s the cost of doing business.

    You are correct that eBay is not PRO SELLER, it is PRO BUYER. I buy and sell on EBAY and you all are all correct in stating that they kiss the buyers butt. Now that I am a seller I see things sooo differently.

    Anyways….enough of my rambling. I just wanted to post this comment, to say yes EBAY sucks for sellers.

  • http://www.crearecommunications.co.uk Adam

    I had to pay to send a counterfeit item back to the seller and get a refund a few weeks ago. I couldn’t even report the seller because the poor usability from eBay in getting to that stage – I couldn’t see where to go so I gave up.

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