Ebay have charged me £120 for two reserve listings

Brooker_Dave

meester wrote: »

That's a correspondence address, not necessarily an address for service.



Status: Dissolved 16/10/2007

So that's not a valid address for service.

There is a new Ebay Limited at

POB 18A HYTHE STREET
DARTFORD
KENT
DA1 1BX
but it would seem highly unlikely that you would have any contract with this particular 'ebay limited'

Ebay state:

The services available at http://www.ebay.co.uk are provided by eBay International A.G. ("eBay", "we", "us" or "our"), located at Helvetiastrasse 15/17, 3005 Bern, Switzerland.

http://pages.ebay.co.uk/help/community/png-user.html
It would not appear that they have a trading presence in the UK.

Though:

"This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts. "

So they are subjecting themselves to UK Law, even though:

"Unless otherwise explicitly stated, notices to eBay must be sent by registered mail to eBay International AG, attention eBay UK Legal, Helvetiastrasse 15/17, 3005 Bern, Switzerland"

So it appears you sue Ebay International of Switzerland in your local court.
You cannot use MCOL because it will not accept service addresses outside the UK. So call the local court, ask for a form. The action will be sent to Switzerland, and ebay will respond.

You can sue them via their local subsiduary address in London.

Ianh82

i always find if you sell items with low fixed prices and lump it on p&p charges you pay very small fee's on everything. just make sure the people know p&p charges are high to adviod seller fee's.

soolin

Ianh82 wrote: »

i always find if you sell items with low fixed prices and lump it on p&p charges you pay very small fee's on everything. just make sure the people know p&p charges are high to adviod seller fee's.

It is a very fine line between adding perfectly legitimate expenses to the charge for post *and* packing and fee avoidance. get the amounts wrong and firstly your stars will suffer and eventually you may find yourself suspended under the 'bottom 5% of sellers' rules.

nickyt

Ianh82 - -just make sure the people know p&p charges are high to adviod seller fee's.

If I saw this in a listing I would avoid you as a seller, sorry but I think that sounds really bad in a listing.

meester

Brooker_Dave wrote: »

You can sue them via their local subsiduary address in London.

Yeah I guess they would probably pass it on. Legally though it would definitely best to put the address in the terms and conditions, in Switzerland.

Brooker_Dave

meester wrote: »

Yeah I guess they would probably pass it on. Legally though it would definitely best to put the address in the terms and conditions, in Switzerland.

When I got suspended last year, it ended up that ebay owed me a reasonable amount of money (when you get the push, buyers panic, and you end up getting lots of fees back).

Ebay ignored all my emails, so I contatcted trading standards, who claimed that ebay's UK corrispondance address should be clearly on site somewhere (something ebay demand of business sellers), but i could not find it, I eevntually found it on paypal sucks, and phoned them up, the person answering the phones was just a recepionist, who other than confirming the address was ebays, could now direct my call to anyone....

meester

Brooker_Dave wrote: »

When I got suspended last year, it ended up that ebay owed me a reasonable amount of money (when you get the push, buyers panic, and you end up getting lots of fees back).

Ebay ignored all my emails, so I contatcted trading standards, who claimed that ebay's UK corrispondance address should be clearly on site somewhere

This is the law in the UK, under the E-Commerce Regulations

http://www.out-law.com/page-7594

But obviously ebay claim they are Swiss/Luxembourgish. Which is why it's probably best just to sue them at their Swiss address.

Brooker_Dave

meester wrote: »

This is the law in the UK, under the E-Commerce Regulations

http://www.out-law.com/page-7594

But obviously ebay claim they are Swiss/Luxembourgish. Which is why it's probably best just to sue them at their Swiss address.

That would be a waste of time as their Swiss office is outside the EU.

Given that they do have a UK office, UK operations and UK assets, the UK address is the one to use.

If you look over at paypal sucks, you'll find that at least paypal tends to pay up before things reach court, and have a UK based bank account with BOA?

meester

Brooker_Dave wrote: »

That would be a waste of time as their Swiss office is outside the EU.

What's the EU got to do with courts in England?

The website says that the contract between you and them is governed by English law and courts and that the address for service is in Switzerland.

No great difficulty with that.

daz_75

i went to do a reserve auction the other day, i think they now charge you 2% of the reserve price, that's why the charge is so high.

Im guessing they have changed this to stop people using it as much