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amnesia Posts: > 500

no, I do not KNOW how unfair they are.

I placed them based on the fact that people are free to accept them or not.
It's not like had a monopoly on SD cards on ebay.

I think you need to re-read the law yourself,
it generally states that when a 'business' sends out an item that was purchased he can provide a refund within 14 days, NOT before he receives the item because the seller has the right to inspect it.


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Posted: 2006-04-23 16:37:20
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absinthebri Posts: 476

> im sure Amnesia has certainly learnt the error of his ways by now.

I wish.

And fatreg, eBay isn't an auction, it's a venue.
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Posted: 2006-04-23 16:39:21
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amnesia Posts: > 500

abs you're comments seem slightly condecending as if I've committed a war crime.

Now please do not try to assume I meant something by what I'm saying. What I say is what I say and nothing more.
I acknowledged that my listing could have been clearer.
Although it says I would request 4% for paypal, I have never taken 4% from this person, or the person before him or ever for that matter.
I never forced this person to participate in the auction.
I encouraged any questions if he had any.
I even apologized for any inconveniance, offered a full refund and didn't leave this person negative feedback.
I even acknowledge that if I 'evaded' any fee (of course without knowing that I had done so, yet alone illegally), I wouldn't do it for the sake of 10 p, (or 10pounds for that matter), and I would pay anything that paypal deems necessary.

I received an email from paypal just now saying they received an email from him, but I did nothing wrong as far as they see, and will not take any action.
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Posted: 2006-04-23 16:44:57
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fatreg Posts: > 500

eBay isnt a venue or it would get taxed, its an online auction house, hence the whole reason why eBay AG make so much money, as no one can govern their activities.

The European distance selling law startes it doesnt cover auctions.

ebay SUGEESTS that businesses sticks to the law, but it isnt a requirement, but seeing that Amnesia isnt a business he has no obligatory right to stick to the law.

If eBay is so big and clever Abs, why do so many people get ripped off? as the fine for not sticking the law is damn heavy.

fatreg
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Posted: 2006-04-23 16:53:19
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masseur Posts: > 500

I think what absinthebri is eluding to is that which is described in this Register article

eBay not an auction house says German court

thats dated back in 2004 so I have no idea if it still applies or not (I'm no legal eagle )
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Posted: 2006-04-23 16:57:49
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absinthebri Posts: 476

> eBay isnt a venue or it would get taxed, its an online auction house,


Read the User Agreement - http://pages.ebay.co.uk/help/policies/user-agreement.html


3. eBay is Only a Venue.

3.1 eBay is not an auctioneer. Although we are commonly referred to as an online auction web site it is important to realise that we are not a traditional auctioneer. Instead, the Site acts as a venue which allows registered users to offer, sell, and buy just about anything which is legal, at any time, from anywhere, in a variety of price formats.
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Posted: 2006-04-23 16:58:19
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fatreg Posts: > 500

Quote:
On 2006-04-23 16:57:49, masseur wrote:
I think what absinthebri is eluding to is that which is described in this Register article

eBay not an auction house says German court

thats dated back in 2004 so I have no idea if it still applies or not (I'm no legal eagle )



good find Masseur, cant wait to sell my battered 5210 on eBay "as new"

fatreg
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Posted: 2006-04-23 17:05:27
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absinthebri Posts: 476

> cant wait to sell my battered 5210 on eBay "as new"

I imagine 'as new' is open to a lot more interpretation that stating something is 'new'.
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Posted: 2006-04-23 17:09:03
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fatreg Posts: > 500

to be fair,

the item was new, it was certainly new to the person that bought it, mebbe Amnesias English isnt up to scratch!?

fatreg
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Posted: 2006-04-23 17:12:30
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amnesia Posts: > 500

I guess at the end of the day, the lesson is to read the whole listing, just in case there is a mistake in there.

edit:
And just as he has the right to claim a refund, I have the right to inspect that the item was received as it was sent.

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[ This Message was edited by: amnesia on 2006-04-23 16:29 ]
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Posted: 2006-04-23 17:27:43
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