Are legal rights forfeited if using eBay/Paypal?

vtc6

Does anyone know if an ebay seller can still take a buyer to court, or vise versa, if an eBay case or Paypal chargeback has already been raised and closed in the other persons favour?

Example, a seller sells an item, and the transaction completes according to English law. Nonetheless the buyer opens a case on eBay and eBay judges in the buyers favour (even though a UK court wouldn't have).

Can the seller still take the buyer to court to get their money or product back through the courts system? Or is there some term in Paypals or eBays T&Cs which says that we must follow their rules and regular buy and sell laws don't apply?

I've seen a lot of eBay cases opened at work and it looks to me like eBay make very blunt decisions which a court would never make. I'm selling a lot of my valuable possessions on eBay now and I'm worried.

Just today I had my first such case. The buyer said he didn't receive my item. I asked buyer to wait a bit longer because it had been sent. Buyer messages back, via the case file, to say he's now received the item, and even thanked me. Later the case gets escalated (maybe he forgot to close it). And eBay judges against me. I checked the case and there it was in black and white, he's confirming receipt of the item.

I phoned ebay and they said that as I didn't provide tracking details the case is automatically judged against me! And that I can appeal.

This item was only £7 so I don't care aside from the principle. But I am wondering if I could in theory take a buyer to court if this happens again over a bigger sum?

Brooker_Dave

Of course, real law always trumps ebay law.

RFW

vtc6 wrote: »

This item was only £7 so I don't care aside from the principle. But I am wondering if I could in theory take a buyer to court if this happens again over a bigger sum?

Anyone can take anyone to court for whatever reason they like, whether you would win a case is another matter. It sounds like you handled the dispute incorrectly, you should always make sure that you answer last. Ebay don't read the disputes until an appeal, which you'll probably win, when they actually look at it.

vtc6

The specific question is whether something in Paypal/eBay terms saying that we abide by eBay rules only. Something which could a seller (or buyer) looses some significant rights.

RFW

vtc6 wrote: »

The specific question is whether something in Paypal/eBay terms saying that we abide by eBay rules only. Something which could a seller (or buyer) looses some significant rights.

Ebay and Paypal have to act within the law, in some situations they act above and beyond the law. If you think there is a situation where Ebay or Paypal are breaking the law, you'll need to find someone to report them to.
Buyers have consumer rights, sellers don't.

usefulmale

RFW wrote: »

Ebay and Paypal have to act within the law, in some situations they act above and beyond the law. If you think there is a situation where Ebay or Paypal are breaking the law, you'll need to find someone to report them to.
Buyers have consumer rights, sellers don't.

But as a seller, are you not buying a service from Ebay/Paypal via fees?

soolin

Sellers or buyers always have the option to take other users to small claims if the ebay or paypal system fails them. Obviously no one can say whether they will win or not- but the possibility is there.

Brooker_Dave

RFW wrote: »

Buyers have consumer rights, sellers don't.

All consumers have consumer rights as laid out in law, despite what non taxpaying ebay/paypal may think and brainwash people into thinking.

RFW

usefulmale wrote: »

But as a seller, are you not buying a service from Ebay/Paypal via fees?

It's not a consumer service though, even though individuals use it. If a buyer gets ripped off there are several bodies who will look into it, Trading Standards, maybe the police, unless it's a criminal offence, a seller getting ripped off is on their own.

Unfortunately some sellers rely too heavily on Ebay being there to help and forget their common sense, that's when things start to go awry.

jeremy.fisher_2

I went to the ombudsman a couple of years ago because I was unhappy with the way a transaction had been handled by Ebay/Paypal (I was the seller).
I got my money back.

RFW

Brooker_Dave wrote: »

All consumers have consumer rights as laid out in law, despite what non taxpaying ebay/paypal may think and brainwash people into thinking.

Anyone who pays for something is, by definition, a consumer. If you're selling something you are not a consumer.
An Ebay seller pays for listing and selling fees, you'd need to check the t&c signed up to, to verify what they actually are. They won't be covered by consumer law.