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EBAY HELPED A SELLER SCAM ME
It all starts with my son, a minor, who accidentally buys this blessed TV card.. €107, I contact the seller, he agrees to the return, I book the eBay ticket €5/6 and wait for the PDF on email.. the seller contacts me saying to ship it to a different address, OK, €10 for the package.. as of today the seller keeps saying he hasn't received anything and can't refund me.. I ask eBay to intervene and they deny the refund saying it's past the time limit but ARE YOU KIDDING!!!!
I DON'T HAVE EITHER THE ITEM OR THE MONEY, NOT TO MENTION ALL THE TIME I LOST BEHIND THIS INCOMPETENT IDIOT WHO RELISTED THE ITEM..
I have all the chats and receipts.
Misappropriation!!! Besides being a thief and an accomplice with eBay.
marioelegio
Mentore3 years ago.... the fourth mistake was turning to eBay only when the return period had already expired.
For the complaint for misappropriation, you need the shipping receipt with proof of delivery to the address the seller gave you; start getting those together.
hi
mario
ilmercantedimagic
OP3 years agoI’m replying to everyone..
1- Contracts entered into by a minor are void and produce no effect, and besides there’s an error here on the substantive grounds barring it. - I was watching YouTube, it must have been entered accidentally.
2- I simply printed the eBay return label........ And shipped it.
I AM A CONSUMER and I take an eBay ticket as valid, then if the seller asks me to ship to nowhere land I ignore him and keep the download that came directly from eBay; I don’t even have to check where the seller is based, I print, pay, and ship...
And those cowards brushed me off as if nothing had ever happened. 120€ isn’t little, but it’s not that much either to bring a case against eBay..
I was disappointed and outraged.
marioelegio
Mentore3 years agoThis is not a contract entered into by a minor, since you are the account holder. At most, unauthorized use of the payment methods associated with the account could apply, but you would be doing your child a lot of harm (really a lot).
Art. 98 cp. ......anyone is liable who, at the time they committed the act, had turned 14 but not yet 18, if they had the capacity to understand and to will......
Art. 493 ter cp: Anyone who, for the purpose of obtaining a profit for themselves or others, unlawfully uses, without being the holder, credit or payment cards, or any other similar document enabling the withdrawal of cash or the purchase of goods or the provision of services, or in any case any other payment instrument other than cash, shall be punished with imprisonment from one to five years and with a fine from 310 euros to 1,550 euros. The same penalty applies to anyone who, for the purpose of obtaining a profit for themselves or others, forges or alters the instruments or documents referred to in the first sentence, or possesses, transfers or acquires such instruments or documents of illicit origin or in any case forged or altered, as well as payment orders produced with them.
Getting your son convicted would not even help lessen your responsibilities, in fact in our legal system, the father and mother of a minor child can be held civilly liable for the damages caused by that child's unlawful act under two different grounds, namely properly as parents, under art. 2048 of the Civil Code, or as those bound to supervise an incapable person, under art. 2047 of the Civil Code.
The minor, although incapable of acting (as provided by art. 2 of the Civil Code), may nevertheless have acquired “natural capacity,” that is, the capacity to understand and to will (Cass. civ. no. 11191/2012).
So, depending on whether or not the minor is capable of understanding and willing, their parents may be liable for their unlawful act; in the first case under the rule set out in art. 2048 of the Civil Code, or, in the other case, under the different rule set out in art. 2047 of the Civil Code.
(from: https://www.avvocatipersonefamiglie.it/notizie/numero-speciale-malaeducazione-e-responsabilit/la-responsabilita-civile-del-genitore-per-l%E2%80%99illecito-del-minore-(artt.-2047-e-2048-c.c.)/)
As for the other points, you didn’t follow any of the procedures provided by ebay. So what exactly would you have been disappointed and outraged?
hi
mario
sika700
Mentore3 years agoUsing ebay by a minor is prohibited.
So let’s say the first mistake was made by you.
You shipped to another address, not communicated by ebay.
And that is the second mistake.
Did you correctly follow the return procedure that ebay provides?
If not, you made the third mistake...
This was the procedure to follow:
Return an item in exchange for a refund | eBay
Kind regards.