No more cash on collection.

[geosacha007]

Just saw the new seller rules.  I've got no issue with the reduction in free listings.  But no more cash on collection I do mind.  It means there is no way to make a buyer check on collection and once they accept it pay with no risk of them changing their mind later. 

And will buyers be happy being forced to pay up front before they see an item?

[kmaltman]

I also just realised another totally new problem with this system.

Does anyone ever watch Rip Off Britain on TV.  Well there is a new scam going around where the scammers trick people into scanning a QR code into their phones (by pretending its for something good) and in fact it authorises the scammers to take control of your bank account and empty it.  AND AS YOU AUTHORISED IT (even if by mistake) good luck getting the money back.

So hypothetically, a private seller sells something to a total unknown stranger on e-bay, who turns up and says scan this into your phone, it's proof I paid, or collected it however it works. BUT WHAT IF its not the real e-bay code and the person is a scammer, and you have just scanned a fake code into your phone handing over control of your bank account, and been directed to a fake e-bay who happily confirm whatever the scammer has told them to.

Obviously so much safer than cash isn't it?

[lucy_farmer]

'.....and you have just scanned a fake code into your phone....'

------------------------------------------------------------------------------------------------------------

So don't 'scan' it.

*Read* the code then type it in.  And if it's not the correct code, the page won't accept it.

This is where 'convenience'/digital-ness for the sake of it, is very silly.

[leon9503]

Yeah been around a while that one, the App I use for scanning QR Codes doesn't connect automatically, it checks the URL first, then shows it to you and asks if it's OK to proceed, after checking a tick box.

I'll post the name here but don't know if EB might remove it so....

QR Scanner [PFA] [Secuso] I use F-Droid for my Android Apps, no ads or tracking.

[kmaltman]

Having thought about this, it appears to me that the solution for sellers is to have a simple standard contract done that complies with the sale of good act, below is a simple cut and paste as to the legal situation as widely quoted on the Web. 

"What is the rule of absolute contracts?

Under the common law doctrine of “absolute liability”, where a party voluntarily enters into a contract, that party must perform all its agreed obligations, even if performance is impossible. If the contracting party fails to perform their obligations, they will be liable to compensate the other party."

Basically the buyer can then play whatever games they like but you could issue a summons in their local county court for breach of contract and consequential damages (I believe damages for breach of contract are unlimited from a legal standpoint).

Basically if they don't sign the contract they don't take the goods. Contracts signed anywhere other than your own home have no cooling off period or right of cancellation. 

Obviously it should identify the buyer (ID should be produced) and the seller. It should state that the buyer has thoroughly inspected the item, are completely happy with it, understand it is sold as seen without any warranty, expressed or implied, and that the seller does not claim it is suitable for any specific use etc. etc. AND that the sole terms of this contract are those contained herein to the absolute exclusion of anything not stated herein. 

You could state that should the buyer become in breach of this contract for any reason, they will at their expense immediately return your goods to you, and will by way of liquidated damages pay an addition sum equal to 10% of the sale price for every day or part thereof that they fail to do so. AND that they will be fully responsible for any and all legal costs resulting from any breach of this contract caused by any action or inaction on their part.

I'm not a lawyer, so the above is not an actual contract just a ball park idea of some of the main things you might like to cover in such a document.

You can probably find standard contracts for the sale of things like motor cars, that would not be difficult to revise to your intended use.

Or could probably buy a standard contract from a Law Stationers like Oyez Stationery (if they are still in business, but if not there will be others)

WHAT DO YOU ALL THINK?

[kmaltman]

Oh I forgot to mention the obvious condition, the buyer agrees to pay and the seller agrees to accept the sum of£ for ............................. (the thing being sold). 

As stated I'm not a lawyer and that was off the top of my head, so its "Without Prejudice"

[johnwash1]

@lucy_farmer 

I thoroughly agree with you.  I'm very happy that our local fish and chip shop not only does the best fish and chips of any near us, but they insist on cash.  Try waving a card at them and they tell you to go to the ATM down the road.

I don't scan QR codes when accepting local collection.  I insist on them supplying the 6 digit code.

[kmaltman]

On the sale of goods contract I did that quick to just give you the idea, I'm not a lawyer, and that's without prejudice. But I missed the obvious condition out LOL

The buyer agrees to pay and the seller agrees to accept the sum of £.............. to transfer legal ownership of .................................. (the item being sold) .

As stated, I'm not a lawyer, andd this was literally knocked out in a couple on minutes.

[kmaltman]

Like web sites apps can be faked or hacked. I sold something under these new conditions, before I knew about them and the buyer turned up with a hand written number on a bit of paper, I was expecting cash. It was the first time I even heard of these, I thought WT#, but as it happens it was OK, but I then though what *bleep* could possibly think a six figure number written on a bit of paper is safer or more secure than a load of bank notes (held up to the light n checked with a security pen). REALLY!

[emmajay_66]

I think in respect of the buyer collection codes there's scope for an experiment here.

I have scanned the codes without any issues but I'm scanning using the eBay app, not a third party QR code app, so now I'm wondering how my phone might respond to some other QR code if I scan using the eBay app. Will the eBay app ignore a code that doesn't match the collection code, or would a rogue code cause the app to close and the phone to do whatever the code instructs. That's an interesting one, and it did cross my mind last week that a QR code seems rather complex to represent just a six digit number. Certainly if there is a known scam and the eBay app has a known vulnerability then eBay should stop using it immediately, particularly since they make a lot of noise about buyer and seller safety. I expect a lot of people, including eBay themselves, are convinced that a QR code looks like it's full of security, but it depends whether or not that vulnerability exists within the eBay app. For reasons of security the eBay app should be free of any such vulnerability and its QR code scanning function should be isolated from other code scanning functions that are not connected to eBay, in other words a closed loop. Like a lock that only accepts the specific key, and not permitting some other key to exploit a flaw in the app for any other purpose. I'm sure we'd all like to think that eBay developers have thoroughly tested that one and signed it off, but we know reality is often not like that.

Perhaps I'll set up a fake sale with a friend to test the theory. There are enough safe QR codes around to try.

I should add as a final point, my Samsung phone doesn't require a third party app to scan QR codes, that function is built into the phone camera and operating system , but I've never considered scanning an eBay collection code outside of the eBay app. If it has been designed to work with any code scanner for convenience that is a definitely a security vulnerability.

[kmaltman]

Continuing my thoughts on how to mitigate this unacceptable situation, over which we have no choice other that to accept or sell elsewhere, I am more and more convinced that a Sales Agreement will basically more or less put matters back where they should be. Not only is it a sellers absolute right to have the buyer sign a sales agreement, any lawyer would tell you it would be foolhardy not to do this, ESPECIALLY if the buyer IS NOT paying cash on collection. 

Obviously while such an agreement would clearly give the Seller the right to start an action for Breach of Contract (IF THE BUYER TRIED ANY OF THE SCAMS) we are clearly concerned about. 

The reality is when someone knows they have signed a legally binding contract, they are far less likely to attempt any tricks, even if e-bay will allow them to do this.

SO WITHOUT PREJUDICE HERE is my DIY SALES AGREEMMENT

(It's not laid out yet but I think I have finished the wording)

The Front will be in bigger type, and the conditions in small print on the back.

THE FRONT 

Legally Binding Sales Agreement

This sales agreement (the 'Agreement') dated this___________________ day of___________,_________

Between:

(Name) _______________________________________,
of (Address) _________________________________________________________________ (the 'Seller'),
a private individual who owns and has a right to sell the goods being sold,

-And-

(Name) _______________________________________,
of (Address)__________________________________________________________________ (the 'Buyer'),
the party paying the agreed price for the goods as set out in the Agreement in clause 2.

In consideration of the covenants contained in the Agreement and subject to the terms and conditions
continued overleaf the Buyer and Seller agree the following:

THE GOODS BEING SOLD

1. The Seller will sell and transfer ownership to the Buyer the following Goods with immediate effect,

(the 'Goods'): _________________________________________________________________________________________________

THE PRICE

2. Upon Acceptance of the Goods the Buyer will pay for the Goods with the sum of £___________ . ____ (GBP) (the ' Price'), paid as required in clause 5 of the Agreement in the terms and conditions continued overleaf

Signature of Seller _______________________________________

Signature of Buyer _______________________________________

THE REVERSE THE SMALL PRINT

TERMS AND CONDITIONS continued

3. The Price does not include delivery or transportation costs, which are the sole responsibility of the buyer if required.

4. The Price does not include any VAT, Taxes or Duties, which are the sole responsibility of the buyer if applicable:

PAYMENT

5. The Buyer will make payment in full, IN CASH, for the Goods, immediately upon signing the Agreement and prior to removing them from the Sellers premises. If for practical reasons the Sellers allows the Buyer to uses any alternative form of payment other than cash, this concession shall not be construed as a waiver of the Sellers right to treat the payment as though it were an irrevocable form of payment.

6. Any form of payment other than cash may provide the Buyer an opportunity, if not the legal right, to countermand or reverse payment, however if the Buyer fails to pay for the Goods according to the terms in the Agreement, the Seller may bring an action against the Buyer for Breech ot Contract for the full Price of the Goods, together with any reasonable costs incurred enforcing the Agreement including but not limited to all legal costs.

COLLECTION OF THE GOODS

7. Unless specifically agreed to the contrary, upon completion of the Agreement the Buyer The Goods will immediately become the responsibility of the Buyer as set out below,

a. the Buyer will immediately remove them from the Seller's premises and will be responsible for the costs of such transport, the Seller agrees to take reasonable steps to facilitate loading the Goods onto or into suitable transport furnished by the Buyer, or,

b, should the Buyer not immediately remove the Goods from the Sellers Premises the Buyer will pay the Seller an additional fee equal to 5% of the Price of the Goods for each day that the Seller has to store the Goods, until the Buyer does remove them.

RISK OF DAMAGE OR LOSS

8. Risk of damage to, or loss of, the Goods regardless of the cause, shall pass to the Buyer upon completion of the Agreement. If the Buyer requires insurance on the Goods to cover the sellers interest, until the Buyer has provided the Seller cleared payment in full, it will be the sole responsibility of the Buyer to arrange and to pay for such insurance.

LIABILITIES

9. The Seller's and Buyer's respective liability in connection with the Goods, shall be limited as set out below,

a. the Seller only supplies the Goods for domestic and private use. The Seller has no liability to the Buyer for any loss of profit, loss of business, business interruption, or loss of business opportunity resulting from any business use of the Goods on the part of the Buyer,

b. the Seller's total liability to the Buyer shall not exceed the total Price of the Goods purchased,

c. neither party will be liable to the other for any form of indirect, consequential or special loss or pure economic loss in connection with the use or non-use of the Goods.

d. Nothing in the Agreement will limit or exclude the liability of either party for:

i. fraud or fraudulent misrepresentation;

ii. any losses which are in any way not permitted to be excluded or limited by law.

e. The Goods are sold as seen and approved 'AS IS' and the Seller expressly disclaims all warranties, whether expressed or implied, Including but not limited to any implied warranty of merchantability, or fitness for any given purpose, the Seller also disclaims any warranty as to the condition of the
Goods, (to the fullest extent permitted by law) other than as specifically provided in the Agreement. The Seller does not assume, or authorise any other person to assume on the behalf of the Seller, any liability in connection with the sale of the Goods. The Seller's above disclaimer of warranties does not, in any way, affect any terms of any applicable warranties from the manufacturer of the Goods.

INSPECTION OF GOODS

10. Any description of the Goods as set out in the Seller's information or other form of advertisement is for guidance and illustrative purposes only. Although the Seller has made every effort to have the descriptions conform to the Goods, but claims no expertise so they may vary slightly. The Buyer has been given the opportunity to thoroughly inspect the Goods or to have the Goods inspected and the Buyer has done so and has agreed Acceptance of the Goods in AS IS in their existing condition.

11. It is the Buyer's sole responsibility to examine the Goods and to determine whether they are suitable for the Buyers intended use and purpose.

12. The Seller warrants that: (1) the Seller is the legal owner of the Goods; (2) the Goods are free from all liens and incumbrancers: (3) the Seller has the right to sell the Goods; and (4) the Seller will warrant and defend the title of the Goods against any and all claims and demands of all persons.

TITLE

13. The Seller retains full Title to the Goods until the Buyer has paid in full by cash or cleared funds in the Sellers bank account..

14. The Seller retains a security interest in the Goods until the Buyer has paid in full by cash or cleared funds in the Sellers bank account..

15. The Buyer must examine the Goods before accepting them, once accepted, a legally binding Agreement is created, the Buyer cannot later reject them or otherwise cancel the purchase and will have no right of refund.

CLAIMS

16. The Buyer's failure to give the Seller written notice of any claim within 10 days from the date of the Agreement will constitute an unqualified acceptance of the Goods and a waiver by the Buyer of all claims with respect to the Goods.

ARBITRATION

17. If any dispute relating to this Agreement between the Seller and the Buyer is not resolved through informal discussion within 14 days from the date a dispute arises, the parties agree to submit the issue to an arbitrator. The decision of the arbitrator will be binding on the parties. The choice of
arbitrator shall lie with the Seller but will be a neutral party acceptable to both the Seller and the Buyer. The cost of any arbitration will be paid by the Buyer. Should this approach fail for any reason the Seller may bring an action against the Buyer for Breech ot Contract as specified elsewhere in these terms and conditions.

REMEDIES

18. The Buyer's exclusive remedy and the Seller's limit of liability for any and all losses or damages resulting from defective Goods or from any other cause will be for the Price of the Goods with respect to which losses or damages are claimed.

CANCELLATION

19. The Seller reserves the right to cancel the Agreement as set out below,

a. if the Buyer fails to pay for the Goods as detailed in the Agreement, or

b. in the event of the Buyer's insolvency or bankruptcy, or

c. in the event of the insolvency or bankruptcy of any third party used by the buyer to complete payment on their behalf, or

d. in the event of any payment other than cash fails to result in cleared funds in the selllers bank account, or

e the Buyer reverses or countermands any payment other than cash in full or part for the Goods for any reason whatsoever.

20. If the Agreement is cancelled for any reason whatsoever, the buyer will immediately arrange and pay for transport of the Sellers Goods back to the Sellers Address, at a time and date to be agreed by the Seller, the Buyer to be responsible for any and all resulting cost including but not limited to,

a. all delivery and transportation costs, and

b. any and all insurance costs, and,

c. a immediate restocking charge equal to 10% of the Price of ther Goods.

d. a charge equal to 5% of the Price of the Goods per day or part thereof for every day that the Buyers has enjoyed use of the Sellers Goods.

NOTICES

21. Any notice to be given or document to be delivered to either the Seller or Buyer pursuant to the Agreement will be sufficient if sent by prepaid registered mail to the address specified below. Any written notice or delivery of documents will have been given on the day on the third (3rd) consecutive business day next following the date of mailing if sent by prepaid registered mail as set out below,

a. to the Seller, at their address as entered in the Agreement,

b. to the Buyer, at their address as entered in the Agreement,

GENERAL

22. The Agreement, contains the whole agreement between the Seller and the Buyer in relation to the sale of the Goods and supersedes all prior discussions, arrangements or agreements that might have taken place, there are no further items or provisions, either oral or otherwise. The Buyer acknowledges that they have not relied upon any representations of the Seller as to prospective performance of the Goods, but have relied upon their own inspection and investigation of the subject matter.

23. All representations and warranties of the Seller contained in the Agreement will survive the closing of the Agreement

24. The Buyer may not assign their right or delegate their performance under the Agreement without the prior written consent of the Seller, and any attempted assignment or delegation without such consent will be void. An assignment would change the duty imposed by the Agreement, would increase the burden or risk involved and would impair the chance of obtaining performance or payment.

25. The Agreement cannot be modified in any way except in writing signed by all the parties to the Agreement

26. If any clause of the Agreement is held to be unfair or unjust by If any court or relevant authority, arbitration panel or other similar official body, or such a body decides that any clause is unlawful that clause will be deleted from the Agreement but the remainder of the Agreement will remain in full
force and effect.

27. The Agreement will be legally binding upon the Seller and the Buyer and their respective successors and assignees.

28. Any failure by a party to insist the other perform any obligation or failure or delay in enforcing its rights does not mean that it has waived its rights against the other party.

29. The Agreement is between the Seller and the Buyer. No other party will have any rights to alter or enforce any of its terms.

30. Time is of the essence in the Agreement

HEADINGS

31. Headings are inserted for convenience only and are not to be considered when interpreting the Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

32. The Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

[kmaltman]

Sadly the formatting would not cut and paste (I did that in Word)

E-Bay Payment on Collection Sales Agreement

This sales agreement (the 'Agreement') dated this_____________________ day of______________________ 20___

Between:

(Name) ______________________________________________________________________________________, of

(Address) ________________________________________________________________________ (the 'Seller'),              a private individual who owns and has a right to sell the goods being sold,

-And-

(Name) ______________________________________________________________________________________, of

(Address) ___________________________________________________________________________  (the 'Buyer'), the party paying the agreed price for the goods as set out in the Agreement in clause 2.

In consideration of the covenants contained in the Agreement and subject to the terms and conditions

continued overleaf the Buyer and Seller agree the following:

(THE GOODS)

1. The Seller will sell and transfer ownership to the Buyer the following Goods with immediate effect,

(the 'Goods'): ____________________________________________________________________________________

(THE PRICE)

1. Upon Acceptance of the Goods the Buyer will pay for the Goods with the sum of £__________ . ____ (the ' Price'), paid as required in clause 5 of the Agreement in the terms and conditions continued overleaf
2. The Price does not include delivery or transportation costs, which are the sole responsibility of the buyer.

1. The Price does not include any VAT, Taxes or Duties, which are the sole responsibility of the buyer if applicable:

1. The Buyer will make payment in full, IN CASH, for the Goods, immediately upon signing the Agreement and prior to removing them from the Sellers premises. If for practical reasons the Sellers allows the Buyer to uses any alternative form of payment other than cash, this concession shall not be construed as a waiver of the Sellers right to treat the payment as though it were an irrevocable form of payment.

1. Any form of payment other than cash may provide the Buyer an opportunity, if not the legal right, to countermand or reverse payment, however if the Buyer fails to pay for the Goods according to the terms in the Agreement, the Seller may bring an action against the Buyer for Breach of Contract for the full Price of the Goods, together with any reasonable costs incurred enforcing the Agreement including but not limited to all legal costs and any recovery costs.

Terms and Conditions continued overleaf

1. The Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Signature of Seller ___________________________    Signature of Buyer ___________________________________

TERMS AND CONDITIONS continued

1. Unless specifically agreed to the contrary, upon completion of the Agreement the Buyer the Goods will immediately become the responsibility of the Buyer as set out below, a. the Buyer will immediately remove them from the Seller's premises and will be responsible for the costs of such transport, the Seller agrees to take reasonable steps to facilitate loading the Goods onto or into suitable transport furnished by the Buyer, or, b, should the Buyer not immediately remove the Goods from the Sellers Premises the Buyer will pay the Seller an additional fee equal to 5% of the Price of the Goods for each day that the Seller has to store the Goods, until the Buyer does remove them.

1. Risk of damage to, or loss of, the Goods regardless of the cause, shall pass to the Buyer upon completion of the Agreement. If the Buyer requires insurance on the Goods to cover the seller’s interest, until the Buyer has provided the Seller cleared payment in full, it will be the sole responsibility of the Buyer to arrange and to pay for such insurance.

1. The Seller's and Buyer's respective liability in connection with the Goods, shall be limited as set out below, a. the Seller only supplies the Goods for domestic and private use. The Seller has no liability to the Buyer for any loss of profit, loss of business, business interruption, or loss of business opportunity resulting from any business use of the Goods on the part of the Buyer, b. the Seller's total liability to the Buyer shall not exceed the total Price of the Goods purchased, c. neither party will be liable to the other for any form of indirect, consequential or special loss or pure economic loss in connection with the use or non-use of the Goods. d. Nothing in the Agreement will limit or exclude the liability of either party for: (i). fraud or fraudulent misrepresentation; (ii). any losses which are in any way not permitted to be excluded or limited by law. e. The Goods are sold as seen and approved 'AS IS' and the Seller expressly disclaims all warranties, whether expressed or implied, Including but not limited to any implied warranty of merchantability, or fitness for any given purpose, the Seller also disclaims any warranty as to the condition of the Goods, (to the fullest extent permitted by law) other than as specifically provided in the Agreement. The Seller does not assume, or authorise any other person to assume on the behalf of the Seller, any liability in connection with the sale of the Goods. The Seller's above disclaimer of warranties does not, in any way, affect any terms of any applicable warranties from the manufacturer of the Goods.

1. Any description of the Goods as set out in the Seller's information or other form of advertisement is for guidance and illustrative purposes only. Although the Seller has made every effort to have the descriptions conform to the Goods, but claim no expertise so they may vary slightly. The Buyer has been given the opportunity to thoroughly inspect the Goods or to have the Goods inspected and the Buyer has done so and has agreed Acceptance of the Goods AS IS in their existing condition.

1. It is the Buyer's sole responsibility to examine the Goods and to determine whether they are suitable for the Buyers intended use and purpose.

1. The Seller warrants that: a. the Seller is the legal owner of the Goods, b. the Goods are free from all liens and encumbrances, c. the Seller has the right to sell the Goods, and d. the Seller will warrant and defend the title of the Goods against any and all claims and demands of all persons.

1. The Seller retains full Title to the Goods until the Buyer has paid in full by cash or cleared funds in the Sellers bank account.

1. The Seller retains a security interest in the Goods until the Buyer has paid in full by cash or cleared funds in the Sellers bank account.

1. The Buyer must examine the Goods before accepting them, once accepted, a legally binding Agreement is created, and the Buyer cannot later reject them or otherwise cancel the purchase and will have no right of refund.

1. The Buyer's failure to give the Seller written notice of any claim within 10 days from the date of the Agreement will constitute an unqualified acceptance of the Goods and a waiver by the Buyer of all claims with respect to the Goods.

1. If any dispute relating to this Agreement between the Seller and the Buyer is not resolved through informal discussion within 14 days from the date a dispute arises, the parties agree to submit the issue to an arbitrator. The decision of the arbitrator will be binding on the parties. The choice of arbitrator shall lie with the Seller but will be a neutral party acceptable to both the Seller and the Buyer. The cost of any arbitration will be paid by the Buyer. Should this approach fail for any reason the Seller may bring an action against the Buyer for Breach of Contract as specified elsewhere in these terms and conditions.

1. The Buyer's exclusive remedy and the Seller's limit of liability for any and all losses or damages resulting from defective Goods or from any other cause will be for the Price of the Goods with respect to which losses or damages are claimed.

1. The Seller reserves the right to cancel the Agreement as set out below, a. if the Buyer fails to pay for the Goods as detailed in the Agreement, or b. in the event of the Buyer's insolvency or bankruptcy, or c. in the event of the insolvency or bankruptcy of any third party used by the buyer to complete payment on their behalf, or d. in the event of any payment other than cash fails to result in cleared funds in the sellers bank account, or e the Buyer reverses or countermands any payment other than cash in full or part for the Goods for any reason whatsoever.

1. If the Agreement is cancelled for any reason whatsoever, the buyer will immediately arrange and pay for transport of the Sellers Goods back to the Sellers Address, at a time and date to be agreed by the Seller, the Buyer to be responsible for any and all resulting cost including but not limited to, a. all delivery and transportation costs, and b. any and all insurance costs, and, c. an immediate restocking charge equal to 10% of the Price of the Goods. d. a charge equal to 5% of the Price of the Goods per day or part thereof for every day that the Buyers have enjoyed use of the Sellers Goods.

1. Any notice to be given or document to be delivered to either the Seller or Buyer pursuant to the Agreement will be sufficient if sent by prepaid registered mail to the address specified below. Any written notice or delivery of documents will have been given on the day on the third (3rd) consecutive business day next following the date of mailing if sent by prepaid registered mail as set out below, a. to the Seller, at their address as entered in the Agreement, b. to the Buyer, at their address as entered in the Agreement.

1. The Agreement, contains the whole agreement between the Seller and the Buyer in relation to the sale of the Goods and supersedes all prior discussions, arrangements or agreements that might have taken place, there are no further items or provisions, either oral or otherwise. The Buyer acknowledges that they have not relied upon any representations of the Seller as to prospective performance of the Goods, but have relied upon their own inspection and investigation of the subject matter.

1. All representations and warranties of the Seller contained in the Agreement will survive the closing of the Agreement

1. The Buyer may not assign their right or delegate their performance under the Agreement without the prior written consent of the Seller, and any attempted assignment or delegation without such consent will be void. An assignment would change the duty imposed by the Agreement, would increase the burden or risk involved and would impair the chance of obtaining performance or payment.

1. The Agreement cannot be modified in any way except in writing signed by all the parties to the Agreement

1. If any clause of the Agreement is held to be unfair or unjust by If any court or relevant authority, arbitration panel or other similar official body, or such a body decides that any clause is unlawful that clause will be deleted from the Agreement but the remainder of the Agreement will remain in full force and effect.

1. The Agreement will be legally binding upon the Seller and the Buyer and their respective successors and assignees.

1. Any failure by a party to insist the other perform any obligation or failure or delay in enforcing its rights does not mean that it has waived its rights against the other party.

1. The Agreement is between the Seller and the Buyer. No other party will have any rights to alter or enforce any of its terms.

1. Time is of the essence in the Agreement

[kmaltman]

And for some strange reason it has changed all the c

[papso22]

No amount of copying and pasting draft contract clauses from the Internet will override the terms buyers and sellers agree to when they use ebay.  EBay’s rules rule.

[leon9503]

Just for clarification, Ebays 'rules' do not override the Sales Of Goods Act or dictate how people sell or buy things.

[kmaltman]

Of course not,

BUT they do create a legally binding contract of sale between the buyer and seller. SO regardless of e-bays rules which can still be applied. The seller can then take action for breach of contract but only IF THE BUYER BREAKES THE CONTRACT

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[kmaltman]

And for more clarification I never said they did, But the Saler of goods act has as you probably know now been replaced by newer legislation. And I never said e-bays rules were in breach of that legislation either.

But IF a buyer enters a legally binding sales agreement with a seller, regardless of how they originally became in contact with each other, that contract is still legally binding.



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[kmaltman]

And in case there is any confusion on how contracts are dealt with in courts. NO COURT IN UK has ever attempted to force someone to obey the terms of a contract if they do not wish to do so.

However what they do do ALL THE TIME, is allow someone to break the terms of a contract, but then make that person pay the other party money to put the other party back in the position they would be in in the person who was in breach of contract had not broke the terms of the contract.

Simple really.

[papso22]

---

@leon9503 wrote:

Just for clarification, Ebays 'rules' do not override the Sales Of Goods Act or dictate how people sell or buy things.

---

Legislation is almost exclusively about protection for the buyer, what is contained in this draft seems to try and remove buyer protection.

Also, while the Sale of Goods Act does not dictate how things are bought and sold, Ebay's user agreement does exactly that for transactions entered into via their site.

[emmajay_66]

If I was selling often, I think I would find the suggested contract of sale a bit of a pain, and I've noticed it mentions payment by cash which we know eBay has removed therefore it would never be possible to complete an eBay sale using cash. The only way to complete a sale is to use their payment system which you may or may not wish to do, but assuming you don't and the buyer agrees to pay cash and sign the contract, how do you move forward?

In theory you can cancel the sale and delete the item but I suspect pretty soon eBay would express their displeasure and probably suspend your account for breaking their terms which you have agreed to.

However it would probably offer protection against a buyer who likes to make spurious vexatious claims but you would have to be ready to go down the legal route in such cases.

[papso22]

Your 'contract' is attempting to create legal relations for a cash sale which is not allowed on ebay, so wouldn't even get off the ground.

The buyer will have paid through checkout, making most of the 'contract' totally redundant. 

And finally, you cannot make a buyer sign something that takes away their ebay buyer protection.

Sorry but it's just nonsense.