Re: My only near-negative

On Wed, 07 Mar 2007 10:36:59 +1000, Salty <p@xxxxxxx> wrote:

Gini wrote:
"Salty" wrote
.......................
I have no interest in eBay regs, nor opinions such as yours, my trading
practices are based on commercial law, not theory, hearsay or PayPal
arbitrary chargback. (I do not use PayPal for high ticket items for that
reason) I only offer tracked and insured shipping, if that is refused,
then my responsibility ends. That is real law, not usenet wannabe law.
This has been tested many times over the years, always successfully.
...............
==
Cite?

I doubt that there is any single piece or law or legislation that covers
all these issues precisely.

It is real law from my point of view in that I have consistently won
court cases when claims for loss or damage have been brought regarding
items sold by one of my business interests. It is also the advice given
by our law firm. As long as we either offer a secure method of insured
transport,

or explicitly refuse all responsibility and handling once the
sale is complete, we are fully protected.

Yes, but you are creating a contract when you do so. You can put
just about any conditions into a contract you want as long as the
other party understands and accepts the conditions.

What you're trying to do in this thread, though, is re-define the
contract you are agreeing to in an eBay transaction. You are
operating under a contract with them to offer a contract to your
buyer.

When you signed up to use eBay, you agreed to the eBay User Agreement
which says:

"We do not transfer legal ownership of items from the seller to the
buyer, and nothing in this agreement shall modify the governing
provisions of California Commercial Code § 2401(2) and Uniform
Commercial Code § 2-401(2), under which legal ownership of an item is
transferred upon physical delivery of the item to the buyer by the
seller. Unless the buyer and the seller agree otherwise, the buyer
will become the item's lawful owner upon physical receipt of the item
from the seller, in accordance with California Commercial Code §
2401(2) and Uniform Commercial Code § 2-401(2)."

The above, which you are bound by by accepting eBay's User Agreement,
makes your earlier statement "I no longer own the goods. The auction
win is a legal contract transferring ownership. My conditions, clearly
stated in the auction terms will ensure that the new owner's goods are
protected. If they waive or vary those conditions there is no longer
any onus on me." a contravention of your agreement to participate in
eBay.

To opt out from eBay's User Agreement on when title passes, you would
have to state in your ad that the buyer becomes the item's lawful
owner when it leaves your premises. You haven't indicated that you do
so, so it's assumed that you just think that this is the way it is.

Your experiences outside of eBay, which I've snipped, have nothing to
with the issue at hand. You are not operating under a User Agreement
in those cases.


--


Tony Cooper
Orlando, FL
.

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