Buyer with 0 feedback account opened yesterday

[bobpip21]

Hi,

A bit of advice please.

Just sold a camera at a buy it now price, being sent simple delivery.

Just feel a bit twitchy as buyer opened account yesterday and has zero feedback. eBay obviously have funds and I am due to send tomorrow. Address is genuine, when googled nothing scary comes up, as of yet can't find person online. I guess they could have found camera online and opened account to buy. Do you think it's safe to proceed, any risks to me as buyer? I worried when I read eBay always backs buyer.

Many thanks 

[lucy_farmer]

Blimey 😲

I asked 'are cameras covered ..etc. and it said no! 😲

This A.I. carp appears to be a load of old tut....😂😂

If you can get different answers simply by wording the same question slightly differently, we'll have no idea what to believe from A.I. google!

[j.p.greenwood]

Look, I have absolutely no desire for this to degenerate into a minutiae argument, specially when your use of phrases like 'baited' in relation to questions asked repeatedly of staff, shows an apparent predisposition to see things only from your own perspective, rather than trying to remain objective.

If you honestly believe, that someone, who is only a staff member, not even an officer of the company, can overrule the Terms and Conditions posted extensively on the site, with a posting to a forum, I'm certainly not going to waste my time explaining why you're wrong.  Good luck trying to make that argument in court in front of a judge though and I wish you every success.

As I've said and I'll reiterate, it's the Terms and Conditions that carry legal weight, so if E-Bay really want to claim that their exclusions are the only ones that apply rather than the couriers ones, all they have to do is say that in the Terms and Conditions.  In my opinion, at the moment, any 'non delivery/damaged' payouts they are choosing to make are discretionary, which means they could quickly decide to no longer do so without making any changes to the Ts&Cs.

I won't respond to you any further, I've stated my position and I'm certain most people reading it would likely agree it's the Ts&Cs that are the reference that would be used for any legal disputes.

[4_bathrooms]

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@j.p.greenwood wrote:

As I've said and I'll reiterate, it's the Terms and Conditions that carry legal weight, so if E-Bay really want to claim that their exclusions are the only ones that apply rather than the couriers ones, all they have to do is say that in the Terms and Conditions. 

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They do!

As posted earlier, the following is found in the Simple Delivery terms and conditions:

"2. Applicability of third party carrier terms.

The relevant carrier terms are set out in the Annex to these Terms (“Carrier Terms”). By using the Services, you acknowledge and agree that the relevant Carrier Terms shall apply to you as well as any items that buyers purchase from you for delivery through the Services. Subject to the above on “Applicability of the eBay User Agreement”, in the event of any conflict or inconsistency between these Terms and the Carrier Terms, these Terms will control."

Evri have a list of items they permit for carriage but do not offer compensation cover for should any item on that list be lost or damaged in transit. However, eBay's Simple Delivery terms and conditions state:

"12. Liability for Loss or Damage.

You remain responsible for any loss or damage to your item until it has been scanned into the carrier’s network. Once your item has been scanned into the carrier’s network and providing you used the Simple Delivery label and are compliant with these Terms and eBay’s Policies, as well as the relevant Carrier Terms, your item will be covered for loss or damage during transit up to the sold item value on the eBay.co.uk site."  

So, there is a conflict/inconsistency between the carrier's (Evri's) terms and eBay's Simple Delivery terms. As stated in eBay's Simple delivery terms and conditions if there is any conflict or inconsistency between the carrier's terms and eBay's Simple Delivery terms then eBay's Simple Delivery terms shall apply.

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@j.p.greenwood wrote:

I won't respond to you any further, I've stated my position and I'm certain most people reading it would likely agree it's the Ts&Cs that are the reference that would be used for any legal disputes.

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I'm done too; you're clearly not going to be happy unless Eve Williams posts here to tell you the sky is blue. Besides, the point at which the OP was going to receive any useful advice has almost certainly passed. 

[lucy_farmer]

That you for that bathrooms! ....puts my mind much more at ease  😊

And teaches me not to believe flippin' A.I.   😂

[bobpip21]

Thank you everyone for your comments. It has certainly been very informative and added to my education.

It does sound a bit of a minefield for the casual seller, who like me was unaware of all these various issues.

If certain categories aren't protected using simple delivery I would hope eBay wouldn't select that method for the means of despatch. Item was listed in Camera category, simple delivery appears as option when sold.  Once sold, box pops up saying "Despatch by 1st August. Postage prepaid by the buyer is tracked and fully covered by eBay".  

I bet the vast majority selling on eBay aren't aware of these issues.

Anyway I will let you know what happens. I have gone ahead with sale and sent camera. I can afford to lose the money, ie wont starve or lose my house.  As one of you advised don't sell anything you cant afford to lose. But I wouldn't be happy. It would also make a bad marketing strapline for eBay

eBay - Don't sell anything you cant afford to lose

Thank you all again for all the advice.

I didn't phone buyer, but have a much more positive feel about proceeding. Hope I am not wrong, and if I am I get supported by eBay.  As surely they need sellers as well as buyers.