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Author Topic: Changes coming to the Ebay User Agreement  (Read 2811 times)

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Offline babylofty

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Changes coming to the Ebay User Agreement
« on: August 18, 2014, 08:53:23 AM »
Hi all,

I got this email last night, and thought I'd pass this information on. I have bolded some very important passages for sellers.

We are writing to let you know about updates to the eBay User Agreement, User Privacy Notice (formerly known as Privacy Policy), and Money Back Guarantee (formerly known as Buyer Protection Policy). The updated User Agreement, User Privacy Notice, and Money Back Guarantee were posted on www.ebay.com on August 12, 2014.

The updated User Agreement is effective September 15, 2014, or upon acceptance for users who accept it via electronic click-through prior to September 15, 2014. The User Privacy Notice and Money Back Guarantee are effective immediately for new users and on September 15, 2014, for current users.


Key updates to the eBay User Agreement:

    Using eBay. Updates were made to clarify that users shall not use eBay's or other users' content without permission. This section has also been updated to indicate steps eBay may take to address abuse of its services and to make it clear that eBay may terminate or refuse service to anyone at its sole discretion.

    Listing Conditions. This section has been updated to reflect that content that violates our policies may be deleted at our discretion.

    Purchase Conditions. This section has been updated to make it clear that when you purchase an item on an eBay site other than eBay.com, you are subject to the User Agreement of that other site with respect to that purchase.

    Translation. We augmented this section to indicate that, when automated translation tools are available, you direct us to use them to translate your listings into local languages and to provide you with access to translations of other users' listings.

    Recording Calls. eBay may monitor or record telephone conversations with eBay or its agents for quality control and training purposes or for its own protection.

    Returns. We updated this section to clarify that if eBay hassle-free returns are applied to your listings, you authorize eBay to remove the refund amount from your PayPal account, place the amount on your invoice, and/or charge your payment method on file. By the 2015 holiday season, all eligible domestic returns on eBay will be eBay hassle-free returns and sellers may not remove hassle-free return settings from their listings. We updated this section also to reflect this future change.

    Global Shipping Program. We updated this section to underscore that for eligible listings for which you have not previously specified an international shipping option, buyers from select countries will be shown an International Priority Shipping option with end-to-end international tracking plus an estimate of associated import charges which will be confirmed for and paid by your buyer at checkout. If a buyer from one of the select countries purchases your eligible item, you simply ship the item to a US shipping center. Once accepted at the US shipping center, a global shipping provider handles the international shipping, customs clearance, and delivery of the item to your international buyer. Sellers are not responsible for any loss or damage during the international leg of the shipment; buyers take on compliance responsibility for the export and import shipment.

    Money Back Guarantee. We updated this section to reflect changes in the Money Back Guarantee, specifically that sellers are responsible for return shipping costs if an item is not as described and that, if an eBay-generated return shipping label is used for return shipping on items not as described, we place the return shipping label cost on the seller's invoice.

    Agreement to Arbitrate. With limited exception, all issues with respect to disputes between you and eBay will continue to be decided by binding arbitration on an individual, non-class, non-representative basis, unless you have opted out under the terms of the Agreement to Arbitrate. Updates made to the Agreement to Arbitrate include the following:

        You may assert claims in small claims court, if your claims qualify, so long as the matter remains in such court and advances only on an individual, non-class, non-representative basis.
        The arbitrator will decide all issues except issues regarding whether a dispute is subject to arbitration, the scope or enforceability of the Agreement to Arbitrate, or the interpretation of Section 1 of the Agreement to Arbitrate, which will all be issues a court, not the arbitrator, will decide.
        In the interest of ensuring that you and eBay may provide each other an opportunity to work out any disputes between us before resorting to arbitration, you and eBay must send each other a Notice of Dispute that explains the nature of the dispute before initiating arbitration. If the dispute is not resolved within 30 days of sending the notice, arbitration may then be initiated.



eBay User Privacy Notice

Key updates to the eBay User Privacy Notice:

    Name Change. We updated the eBay Privacy Policy to be more user-friendly and easier to read, starting with its name. Going forward, it will be called the User Privacy Notice. This name change does not reduce or change any of our commitments or responsibilities under the former Privacy Policy.

    Organization. We organized the sections and their titles to make our practices more clear and transparent.

    Summary Section. We added a summary section to the notice that allows you to quickly refer to key aspects of the notice and our privacy practices, and then links them directly to the more detailed sections, should you want to find out more information about an individual section or privacy practice.

    Icons. The most visible change to the Privacy Notice is the addition of icons for each section and the corresponding privacy practices to enable quick, visual navigation.



eBay Money Back Guarantee

Key updates to the eBay Money Back Guarantee:

    Consistent After-Sale Experience. We updated the policy to reflect that we're simplifying the after-sale experience for buyers and sellers with a new improved return process that gives buyers a more convenient and consistent way to return items—right from My eBay. Many of our sellers who use eBay hassle-free returns are paying for return shipping on faulty or not-as-described items. Starting September 15, an initial group of sellers, (and after a transition period, all remaining sellers) will be responsible for return shipping on items which are faulty or not-as-described. Many sellers are facilitating returns for faulty or not as described items, but for those sellers who choose not to facilitate a return or provide a return shipping label for a faulty or not as described item, we may refund their buyers without requiring the buyers to return the item, and in turn seek reimbursement from sellers.

    Timelines. We updated the policy to clarify timelines for buyers and sellers when an item isn't received or isn't as described in the listing. For items that offer hassle-free returns, eBay will automatically issue a refund after the refund deadline has passed. When sellers offer extended return timeframes that are longer than the standard eBay Money Back Guarantee protection window, eligibility will be extended to protect these returns when sellers don't refund buyers in accordance with their return policy.

    Local Pick-up or Freighted Items. We updated the policy to clarify that items damaged during pick-up or shipping, or not delivered when the buyer has arranged pick-up or freight, are not covered under the eBay Money Back Guarantee. We refer buyers to work with the freight company in such instances.

    Appeals. We shortened the window for appeals from 45 days to 30 days after we make a decision about a transaction issue.

As with previous updates, other changes have been made to keep the User Agreement, User Privacy Notice, and Money Back Guarantee up-to-date with our product and service offerings. We encourage you to review the updated eBay User Agreement, User Privacy Notice, and Money Back Guarantee—they will apply to your account as of the dates noted above. If you choose not to accept the updated terms, visit this help page for further direction.

Thank you for being a part of the eBay Community.

Sincerely,

The eBay Team
darcerin on the TP, arinaketchum on ebay, Salvia on PI

Offline rosierjay

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Re: Changes coming to the Ebay User Agreement
« Reply #1 on: August 18, 2014, 08:57:40 AM »
wow!
that doesn't seem good. it's nice they are protecting the buyers, but what about the sellers?
what's to stop them from making a false claim and winning.
crap... now i need to find some place else to sell.

Offline Galactica

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Re: Changes coming to the Ebay User Agreement
« Reply #2 on: August 18, 2014, 09:32:44 AM »
I think I read this somewhere else too, very disturbing changes,  it is definitely going to drive out a lot of the small-scale sellers (like pony and doll people).

looks like I had better get all my extra stuff sold before Christmas!!!  :blink:

Offline Spectrum

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Re: Changes coming to the Ebay User Agreement
« Reply #3 on: August 18, 2014, 10:11:29 AM »
Looks like I better find a different place to sell as well.  :blink: Too much buyer protection, not enough seller protection.

Offline FantasticFirefly

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Re: Changes coming to the Ebay User Agreement
« Reply #4 on: August 18, 2014, 10:25:21 AM »
You just have to be VERY specific with ebay. Use clear language* and if you don't have the time to describe an item carefully, and instead want to refer buyers to pictures it's best to skip ebay.


By clear language, avoid using collector terminology someone outside the community wouldn't understand. Don't call a lot of bait ponies "baits" it's a collecting term and someone may not understand this means items in terrible condition. I remember a few people being bit by this already. :(

I'm actually happy they did this. It's a shame they've made it harder for nice sellers who do refer to accurate photos but I've gotten in a few lots were every effort to not disclose flaws where made, or the item was so terribly packaged for shipping some of the ponies became damaged, or some accessories slipped out and never made it to me. :( (one lot ponies all had initials under hooves, and the seller said NOTHING when I asked if there was ink, or writing in ink anywhere on the ponies, just said "they need to be cleaned and the hair is messy"), there was pictures of everything else too, just not ink marks. In each case my out of pocket costs to return would have been too high for me to bother with the hassle.

Offline Galactica

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Re: Changes coming to the Ebay User Agreement
« Reply #5 on: August 18, 2014, 10:47:07 AM »
Oh I'm not worried about the requirement to describe your items carefully, what is scary is this:

for those sellers who choose not to facilitate a return or provide a return shipping label for a faulty or not as described item, we may refund their buyers without requiring the buyers to return the item, and in turn seek reimbursement from sellers.

That means if some skeezy buyer claims that your item wasn't what they were expecting/as described and/or broken (even if it was) they can get a refund WITHOUT EVEN SENDING THE ITEM BACK.  What if they changed it or broke it themselves?  Just seems like a policy that could be very problematic...

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Re: Changes coming to the Ebay User Agreement
« Reply #6 on: August 18, 2014, 11:01:12 AM »
This is super frustrating!

I am glad that eBay wants to give buyers added peace of mind by keeping sellers more accountable... But, requiring that sellers provide returns in all cases, Not requiring that a buyer return an item that they deem faulty, and -finally- shortening the appeal time for honest sellers is, well, ugly. Profitable for eBay as a business, perhaps, but a huge detriment to the many small businesses that utilize their service.

Personally, I think it best to contact eBay and let them know how this will affect small businesses and cause greater opportunity for dishonesty or poor communication in buyers. Not that it will necessarily change things now, but the more feedback they receive the better than can serve both buyers and seller (and hopefully amend these new terms in the near future).

Offline FantasticFirefly

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Re: Changes coming to the Ebay User Agreement
« Reply #7 on: August 18, 2014, 11:17:12 AM »
Oh, Galactica, I do agree with you. I forgot to include that in my initial reply. I cannot put my morals on other people, because I don't buy with the intent to extort (I just want an as photographed/described item), doesn't mean the bad buyers don't exist. for small scale sellers the bad apple buyers will have enough of an impact to drive those sellers away. It is really sad. As a buyer though in recent years I stopped buying as much, even with being as careful as I can and asking questions about an item and how it will be packaged for shipping I kept getting burned enough that now ebay is more a rarity for me.... Only times I do pay collecting prices is to a small list of sellers I trust, and others, if I win it'll be decent/fair if there are issues and an excellent deal if items arrive as shown.

My childhood friends started on ebay since it's inception. they sold a LOT, enough that in the late 90's they would pay us as a packaging crew for all the outgoing mail. and now, no more selling account. In recent years they had too many people bid and attempt to extort discounts after the fact and a couple people who destroyed a purchase and stole/replaced parts and returned disfigured dolls to get their money back. (which, both calls to ebay and paypal did nothing!! they were out dolls, money)

« Last Edit: August 18, 2014, 11:18:47 AM by FantasticFirefly »

Offline MoondancerMilkyWay

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Re: Changes coming to the Ebay User Agreement
« Reply #8 on: August 18, 2014, 11:38:55 AM »
well, I wasn't too keen to try selling on ebay now it looks like the very idea is completely out the window.
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Offline flying_narwhal

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Re: Changes coming to the Ebay User Agreement
« Reply #9 on: August 18, 2014, 12:16:50 PM »
Oh I'm not worried about the requirement to describe your items carefully, what is scary is this:

for those sellers who choose not to facilitate a return or provide a return shipping label for a faulty or not as described item, we may refund their buyers without requiring the buyers to return the item, and in turn seek reimbursement from sellers.

That means if some skeezy buyer claims that your item wasn't what they were expecting/as described and/or broken (even if it was) they can get a refund WITHOUT EVEN SENDING THE ITEM BACK.  What if they changed it or broke it themselves?  Just seems like a policy that could be very problematic...

^I agree, I find this extremely scary and disturbing as well  :huh: I can see people abusing this to get free stuff, even if there is no "real" problem with the item. I guess I'll just have to wait and see if this starts becoming an issue once the policy is put into place... It just makes me super nervous.

Offline banditpony

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Re: Changes coming to the Ebay User Agreement
« Reply #10 on: August 18, 2014, 12:54:39 PM »
Oh I'm not worried about the requirement to describe your items carefully, what is scary is this:

for those sellers who choose not to facilitate a return or provide a return shipping label for a faulty or not as described item, we may refund their buyers without requiring the buyers to return the item, and in turn seek reimbursement from sellers.

It's not great, but really it's not THAT bad. It's for sellers who choose not to facilitate a return or provide a return shipping label for a faulty or not as described item.

Items like that should be returned, and a seller should be held responsible for it.

I get it that people lie about these sorts of things, but they lie about them now. A seller just needs to be extra careful and very descriptive in their listings-- as always.
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Offline MoondancerMilkyWay

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Re: Changes coming to the Ebay User Agreement
« Reply #11 on: August 18, 2014, 01:45:25 PM »
what about the case where ponies were described in detail with pics, they arrived and the buyer was not happy they weren't mint and WON her freaking case?
I know a lot of people don't read the T&C (where is the best place to hide a body? in the Terms and Conditions. ba-dum-bum-tch!) but at this point if someone gets something and says "this isn't what I ordered" they are responsible for sending it back.
now the seller becomes responsible for a complete refund of item and shipping fees there, now shipping fees back to them (one way or another I'm sure even if they never receive the item) and they still are on the line for ebay and paypal fees, etc. so it will cost a whole lot more than it is worth to sell just about anything on ebay unless you are a giant corporation taking advantage of people on ebay like Goodwill Industries.
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Re: Changes coming to the Ebay User Agreement
« Reply #12 on: August 18, 2014, 02:37:14 PM »
That is unreal, even in a store situation they do not have such a return policy!  I can not imagine power sellers are going to like it any better then us small sellers.  Totally unrealistic to not have to return the item, anywhere else when you buy something you have to in order to get your money back give the item back! 

So gonna get as much on as I can before that point and be selective of what I list after it. 

We are normally very detailed but man for a small seller stand point what a PITA.
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Offline ClosetAvalanche

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Re: Changes coming to the Ebay User Agreement
« Reply #13 on: August 18, 2014, 03:26:13 PM »
This is why I'm slowly moving my stuff over to Etsy. The people are really nice there, too.
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Re: Changes coming to the Ebay User Agreement
« Reply #14 on: August 18, 2014, 06:08:42 PM »
Oh boy...  :(  Well there's always Arena sales! 

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