Does Simple Delivery assume that all private sellers have a printer?

[wintersdawn1]

When simple delivery is made mandatory for private sellers will the process be as follows:

* Purchasing buyer chooses the postage option they want i.e. Royal Mail or EVRI

* Buyer completes checkout, buying the postage from ebay

* Ebay sends the postage label to the private seller

What if a private seller does not have a printer to print the label that ebay sends them?

[papso22]

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@andha-21 wrote:

But that's only company policy, not consumer law. So it's virtually meaningless under challenge. It's why high street stores nearly all have the "this does not affect your statutory rights" disclaimer on boards and sometimes receipts.

I'm just thinking with my buyers hat right now. If I buy something I will not be selecting Evri. My regular driver is cool, but as soon as he has time off it goes to hell. Every, single, time. So if I select Royal Mail then that is my term of sale. Any attempt to change that after I have been given that option is breach.

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If you believe that you can sue your seller for breach of contract.

The current ebay policy does not imply that a seller can change courier, just that they can decide not use the SD label. 

I recall someone from ebay also saying that using a different carrier to the one advertised was a reason for a not as described claim using the MBG.  

[andha-21]

"So then you sue your seller for breach of contract."

But under eBay's umbrella programme they are stating that they take responsibility for the order as long as it's purchased via SD. In the scenario I mentioned I would have been buying via said platform. Also eBay are the entity allowing me, the buyer, the ability to choose form of postage, so they are directly involving themselves in said contract.

So it's not only the seller that's in breach. It's eBay too.

[moldosgifts]

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@manyjamjar wrote:

Just did a trial listing in electronic catagory on my laptop and SD didn't show up.

Wonder why ??

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Its a postage option for buyer you at the moment can opt in or opt out i can only guess you have opted out.

But not sure what you expected to see.

[goodibags]

" I select Royal Mail Small Parcel pricing for my purchase. Seller voids, eBay lets them, Seller chooses Royal Mail large letter to save money."

That one doesn't work as it's the buyer who is paying for the parcel postage. 

[moldosgifts]

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@jma2815 wrote:

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@myriad*seller wrote:

RM will print labels if you get them to collect your parcels from your house 

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They won’t if the buyer has selected Evri delivery. 

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Then take it to an evri drop off point and they will print your label.

[goodibags]

Doesn't this depend on what the buyer sees? It may just be a choice between standard and speedier delivery? If a seller cancels the speedier to select standard postage he/she will be downgrading the level of service the buyer has chosen.

Whereas if the seller 'upgrades' then there's possibly less reason for a buyer to be unhappy, but the seller will be taking a hefty chunk out of their own sale proceeds. So it's less likely to happen.

If the service is like for like I'll admit I haven't a clue.

Isn't SD already in place for Ebay clothing sales? What's been the feedback from those?

[papso22]

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@andha-21 wrote:

"So then you sue your seller for breach of contract."

But under eBay's umbrella programme they are stating that they take responsibility for the order as long as it's purchased via SD. In the scenario I mentioned I would have been buying via said platform. Also eBay are the entity allowing me, the buyer, the ability to choose form of postage, so they are directly involving themselves in said contract.

So it's not only the seller that's in breach. It's eBay too.

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I think that's a massive stretch of contract law.

[andha-21]

"" I select Royal Mail Small Parcel pricing for my purchase. Seller voids, eBay lets them, Seller chooses Royal Mail large letter to save money."

That one doesn't work as it's the buyer who is paying for the parcel postage. "

I'm replying/contesting something that came up on the thread earlier.

People have said that after an SD order the seller can void the postage chosen by the buyer and send as they wish. Supposedly an eBay community manager confirmed this.

My point is if eBay allow that to happen then they are involved in breach of contract as they allow the buyer to select postage, making it the buyers term of sale.

[tpogodin]

Oh wow I've only just properly grapsed how Simple Complicated Delivery works. I didn't realise the buyer was purchasing the postage directly(!) What fresh eBay hell is this?

[goodibags]

Ok, I understand. Perhaps it is just selecting a delivery service level rather than specific carrier?

I've no idea but it's one way Ebay could be rolling this out, buyers usually being guided by the cost of a service rather than carrier preference.

I understand that some buyers may want to avoid specific carriers, but not sure if that has ever been a consideration for SD. Admittedly, this SD thing is a real can of worms.

[andha-21]

Is it really?

Consider how they are advertising the roll out.

 They are telling private sellers that as long as they confirm to SD requirements/regulations/policies that eBay will protect them. In essence forming a contract with the seller.

On the other side they are allowing buyers to decide terms of the sales contract. The private sellers aren't allowing that, that's eBay. So eBay are making themselves complicit in both sides of the arrangement. Almost like they are acting as a credit broker. It's certainly similar.

The fact they have chosen to involve themselves in both sides of the equation surely means they are then involved in any legal breach and as they are not a legal governing authority themselves they can be brought before them.

[ruby*ryan]

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@andha-21 wrote:

"" I select Royal Mail Small Parcel pricing for my purchase. Seller voids, eBay lets them, Seller chooses Royal Mail large letter to save money."

That one doesn't work as it's the buyer who is paying for the parcel postage. "

I'm replying/contesting something that came up on the thread earlier.

People have said that after an SD order the seller can void the postage chosen by the buyer and send as they wish. Supposedly an eBay community manager confirmed this.

My point is if eBay allow that to happen then they are involved in breach of contract as they allow the buyer to select postage, making it the buyers term of sale.

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As the buyer can only select 'Standard Tracked' or 'Express Tracked' then as long as the item is sent either standard or express tracked, depending on the buyer's selection, then there would be no breach of contract.

[andha-21]

But I'm fairly certain I have seen posts where eBay have inferred that the Express option is Royal Mail 48.

[goodibags]

Private sellers will have heard from an authoritative source (at least twice yesterday) that there are NO seller protections. Certainly nowhere near the buyers' (paid for) ones.

[andha-21]

I understand where you're coming from but you seem to be missing my point. The authoritative figure you are referring to is eBay related. They only have authority within their domain and only as long as they abide by any governing sovereign rules they must abide by.

So if they say x and the legal establishment say y, then eBay's x isn't worth the paper/screen page it's written on.

What I am seeing here is that they are separating a new policy/contract (which it is if we have to abide by their terms) into fragments. Showing some to the buyers, other bits to the sellers so unless either group stop and look, neither see the entire big picture. 

That in itself puts them in dangerous waters legally because contracts have to be transparent and prominent to get exemption within fairness.

There is something here they are hiding in plain site. Probably more than one thing. & it's got my inner predator interested.

[goodibags]

Is that how it's running with clothing sales? 

Perhaps both standard and express will be RM to start and sellers will receive timely advance notice from Ebay whenever the couriers change? 

Yes, that was a joke.

[papso22]

Can I ask whether you have any legal qualifications or background?

[goodibags]

I admire and salute your forensic inquisitions, if that's the right word. An example to all.

Alas, if I attempt to think too much my head hurts. 

[goodibags]

"Can I ask whether you have any legal qualifications or background?"

Sounds like someone is being head-hunted. 😁

[m-bevis-1815]

Problem with that is, many of us that don't have a printer ALSO DO NOT HAVE A SMARTPHONE, and have no intention of getting one. That is a thing you know, people not having smart phones, for well over 3 million people in the country. So, what use is a QR code?