Updates eBay User Agreement Privacy Notice & Money Back Guarantee. Some Will Hate It!

diggummup

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Updates eBay User Agreement Privacy Notice & Money Back Guarantee. Some Will Hate It!

You may want to read this. Especially the part about money back guarantees and sellers who choose not to offer it-

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.


eBay User Agreement


Updates to the eBay User Agreement, User Privacy Notice, and Money Back Guarantee



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.comon 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.

eBay User Agreement

Key updates to the eBay User Agreement:


  • [*=left]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.
    [*=left]Listing Conditions. This section has been updated to reflect that content that violates our policies may be deleted at our discretion.
    [*=left]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.
    [*=left]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.
    [*=left]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.
    [*=left]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.
    [*=left]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.
    [*=left]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.
    [*=left]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:

    • [*=left]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.
      [*=left]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.
      [*=left]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:

  • [*=left]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.
    [*=left]Organization. We organized the sections and their titles to make our practices more clear and transparent.
    [*=left]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.
    [*=left]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:

  • [*=left]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.
    [*=left]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.
    [*=left]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.
    [*=left]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

 

Digger

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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.


How about the old switcheroo! I sold a 14k gold necklace on FeeBay and stated in my listing I only sold to the lower 48 states. Some guy in China bought it and had it shipped to a transfer location in California where it was then shipped to China. He filled a claim that it was "not as described" and sent back a fake 14k plated necklace. FeeBay happily drew the money out of my bank account to refund him. FeeBay picks and chooses which and how they want to enforce their own laws. I called them up and was told I was SOL on my $500.
 

Ursus

Full Member
Apr 3, 2009
132
40
Ohio
Just saw that in my inbox and hopped on TN to see if anyone commented. I also caught that. I have dealt with several returns in the past year and it seems that all sent it to me as Item Not As Described. I think the buyer thinks it will help push the return approval. Of course, that hurts your ability to keep Top Rated status.

I had a big item that the guy used it for close to two weeks then wanted it returned. I agreed, then he hit me up that I should have to give him an extra ten dollars, since he said his shipping costs was more. I disagreed, so opened not as described case, even though that was not the issue, and asked for additional money. Ebay sided with my original offer of return acceptance via email, denied his 10 demand, but still got hit with unresolved case.

I would not have liked to pay the shipping for that return. It was half the price of the item. 23 pounds across the country, and he needed it shipped USPS.
 

Justice70

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Yeah, I read this in my inbox this morning also. Not sure that I like a hard and fast rule that I am responsible for return shipping 100% of the time. Anywhere else, shipping is my responsibility if I buy something and want to return it. I really can't see how this is fair to those who offer free shipping. I'm glad I only have a couple of items listed at any time because it seems the trend is to make it easier and easier for the scammers. Hey, that kinda sounds like our gov't.
 

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diggummup

diggummup

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How about the old switcheroo! I sold a 14k gold necklace on FeeBay and stated in my listing I only sold to the lower 48 states. Some guy in China bought it and had it shipped to a transfer location in California where it was then shipped to China. He filled a claim that it was "not as described" and sent back a fake 14k plated necklace. FeeBay happily drew the money out of my bank account to refund him. FeeBay picks and chooses which and how they want to enforce their own laws. I called them up and was told I was SOL on my $500.
Did you file an appeal? Although this is a very broad statement that opens all kinds of doors for scammers in my opinion...

Counterfeit items


If a buyer suspects that an item is counterfeit, and there are strong indicators that the item is counterfeit, we don't require the buyer to return the item to the seller. The buyer agrees to cooperate with us to ensure the proper disposal of the item. In such instances, we refund the buyer for the full cost of the item and original shipping, and the seller reimburses us for the refund. The buyer may not sell the item on eBay or elsewhere.


I mean what's to stop anyone from claiming fake gold when they have an identical to match with a real piece?
 

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diggummup

diggummup

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Yeah, I read this in my inbox this morning also. Not sure that I like a hard and fast rule that I am responsible for return shipping 100% of the time. Anywhere else, shipping is my responsibility if I buy something and want to return it. I really can't see how this is fair to those who offer free shipping. I'm glad I only have a couple of items listed at any time because it seems the trend is to make it easier and easier for the scammers. Hey, that kinda sounds like our gov't.
The way I read it is, if you offer free shipping then they can't charge you for return shipping....
"after confirming that the item was returned to the seller, we refund the full cost of the item and original shipping via PayPal." I may be wrong though, I have to investigate this further.

Did you read the part that says if you don't accept returns ebay may refund the buyer and let them keep the item too!....


"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."
 

2ndisbest

Sr. Member
Nov 6, 2009
343
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Looks like I will be done selling on ebay within the year, hassle free returns my ass. I have to pay twice for buyer's remorse, no thanks.
 

2ndisbest

Sr. Member
Nov 6, 2009
343
143
The way I read it is, if you offer free shipping then they can't charge you for return shipping....
"after confirming that the item was returned to the seller, we refund the full cost of the item and original shipping via PayPal." I may be wrong though, I have to investigate this further.

Did you read the part that says if you don't accept returns ebay may refund the buyer and let them keep the item too!....


"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."

Just saw you post, I hope to god that is how it works otherwise I am done with ebay.
 

2ndisbest

Sr. Member
Nov 6, 2009
343
143
I read some more, if you opt in to hassle free returns you can charge a restocking fee. However I am not sure if someone claims an item is not as described then they waive the restocking fee, also I don't know if there is a cap to it either.
 

2ndisbest

Sr. Member
Nov 6, 2009
343
143
Looks like your restocking fee is only for people with buyer's remorse. So as a buyer do I click the buyer's remorse tab and pay the restocking fee or do I click the INAD and not have to pay a restocking fee. hmmmmm tough choices as a buyer.
 

Justice70

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Did you read the part that says if you don't accept returns ebay may refund the buyer and let them keep the item too!....


."



This part of it I really don't mind. I always offer returns but, with these new rules what is stop someone from using ebay as an online free Rent-A-Center? You can rent for free, with a holding fee, virtually anything you know you will need in a week or two.

Women, want a fancy necklace,ring, bracelet, purse to wear for a certain engagement but really cant afford to be out the dough---Ebay to the rescue.

Men, need that special tool to get that water pump off or how about a RC truck or plane to give your nephews something cool to do when they come to visit----Ebay son.
 

trdhrdr007

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Nov 1, 2009
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Not extremely happy with the hassle free return policy. I don't have any problem with a return if the item is truly faulty or not as described, but what buyer in their right mind is going to admit they are returning for any other reason if they would have to pay for return shipping? I've also heard that you will no longer be able to opt out of the global shipping program unless you have your own international option. In other words ebay has decided if you sell at all you sell internationally. Any idea if that's the new policy?
 

Bassmaster96

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I'm getting tired of stuff like this. There is no need in turning everything the buyers way.
 

clovis97

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Dec 9, 2010
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I held an executive board meeting this morning with my business partner, my wife.

Within the next hour, we are going to remove some listings from ebay because of the new policy change. There is NO WAY I am shipping a heavy antique home appliance across the US to then have to pay for the return shipping too. This appliance is listed at $59, but shipping on this small, but heavy, item would be $45 to California.

In essence, I am risking $90 in shipping, to make a possible $57.

I have a box of Lionel switches, which should bring $20 to $25 each. It will cost $10 to properly ship them, one way. Now I am risking $20 to make $10, plus, if the 60 year old coils in the switches decide to die in the next 45 days, I get to eat the switch too.

Renting table space at the upcoming toy train shows looks more and more appealing each day.

Looks like the new strategy with ebay is going to be listing small items that don't cost much to ship, and for items that I can afford to lose.

What will this cost ebay in the loss of final value fees?
 

Bassmaster96

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What will this cost ebay in the loss of final value fees?

A lot from me. I'm going to have to do the same thing you are probably. I sell a lot of vehicle parts. That is what most of my high end items are. EBay will be losing lots of Final Value Fees from me.
 

Ursus

Full Member
Apr 3, 2009
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I held an executive board meeting this morning with my business partner, my wife. Within the next hour, we are going to remove some listings from ebay because of the new policy change. There is NO WAY I am shipping a heavy antique home appliance across the US to then have to pay for the return shipping too. This appliance is listed at $59, but shipping on this small, but heavy, item would be $45 to California. In essence, I am risking $90 in shipping, to make a possible $57. I have a box of Lionel switches, which should bring $20 to $25 each. It will cost $10 to properly ship them, one way. Now I am risking $20 to make $10, plus, if the 60 year old coils in the switches decide to die in the next 45 days, I get to eat the switch too. Renting table space at the upcoming toy train shows looks more and more appealing each day. Looks like the new strategy with ebay is going to be listing small items that don't cost much to ship, and for items that I can afford to lose. What will this cost ebay in the loss of final value fees?

I also had a talk with my wife. I had been gearing down my sales anyway over the past year for a number of reasons, mainly a new job position. We now only sell a few hundred dollars a month, gross. At that amount, the changes in policies with eBay this year has led us to feel that maybe it just isn't worth the hassle.

I had stepped it down to a truly hobby status from a nice second income stream because it was a nice release of picking and selling, giving me a break from the stresses of life and career. These changes do not seem to reward my giving my time and effort to have a mutually beneficial financial relationship with eBay. As others have said much better than I can, it is a purely profit driven policy. I have nothing against that - I too am driven by profit, both financially and emotionally. I feel kind of like "Atlas Shrugged" where eBay just assumes we will keep giving more and more, assuming that we need them. If you know the book, I think it may be the time I shrug.

I have stuff accumulated in the garage and I think I am going to have a big eBay fire sale. I may change my mind, thinking that I may be over reacting. That is quite possible. But I am going to prepare now toward that end.
 

gino22

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Look at the upside: those of us with insider knowledge will never have to pay for tuxedo rentals or auto parts ever again.
 

Paleo_joe

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I am lucky in that I deal in collectibles, and the more unique the better. I've had maybe 1 out of 500 items returned. Knock on wood.
 

clovis97

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Dec 9, 2010
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I also had a talk with my wife. I had been gearing down my sales anyway over the past year for a number of reasons, mainly a new job position. We now only sell a few hundred dollars a month, gross. At that amount, the changes in policies with eBay this year has led us to feel that maybe it just isn't worth the hassle.

I had stepped it down to a truly hobby status from a nice second income stream because it was a nice release of picking and selling, giving me a break from the stresses of life and career. These changes do not seem to reward my giving my time and effort to have a mutually beneficial financial relationship with eBay. As others have said much better than I can, it is a purely profit driven policy. I have nothing against that - I too am driven by profit, both financially and emotionally. I feel kind of like "Atlas Shrugged" where eBay just assumes we will keep giving more and more, assuming that we need them. If you know the book, I think it may be the time I shrug.

I have stuff accumulated in the garage and I think I am going to have a big eBay fire sale. I may change my mind, thinking that I may be over reacting. That is quite possible. But I am going to prepare now toward that end.

We are full time ebayers and have flea market booths. We are also in two antique malls.

I have already pulled a few listings. It simply isn't worth the risk. One item was listed for $59. It is going to the flea market to be marked at $29. I'd much rather have the $59, but it isn't worth the hassle of boxing it up and the risk of losing the shipping.

I have almost every issue of a magazine from 1939 to 1945. Those were going to be listed today, individually, but I spent the afternoon marking them for an antique mall.

There will be more and more items taken to our booths. I really hate this, but it is reality. I will continue to sell on ebay...I love the ability to sell a pair of doll shoes, found in the bottom of a box, for $37, but we are going to seriously filter out more and more items from being listed on ebay.

How much, exactly, will ebay lose with these listing fees and FVF?

For the $59 item that I pulled from ebay today, they will lose about $7.08, plus three months of listings at 20 cents each.

I have over 84 vintage magazines, and honestly, they are slow sellers. But if 1/3 of them sold @ $10 each, I think that would be $280. If they take 12% of that, I figure it to be $33.60 in FVF. It would take 4 months to sell those, at least, @ .20 per listing, they are losing some jack there, too.

We are also going to scrap some copper fittings that would have been on the bay...but it isn't worth it. The easy scrap money is too lucrative, with no FVF, no listing time, no PP fees, no listing fees...and no potential scammer ripping us off.
 

clovis97

Silver Member
Dec 9, 2010
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Ebay also needs to know that I am not Walmart. I am not a corporation. I am not listed on the stock market. I do not have revenues numbering into the billions.

I am not a CEO. I have no golden parachute. No 401k. No retirement account. No company provided health insurance. And certainly, there is no company car.

My profit margins are slim. Once I buy an item at a yard sale, thrift or auction, and it is defective, there is no magic place that I can send it to, and force the maker to return my money if there is something wrong with it.

I am just a guy who is trying to raise a family, and keep a roof over his head. They need to remember that with each new revision of their rules, they continue to create additional and expensive risk for me...selling on their venue is getting more difficult with each passing year.
 

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