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Fake eBay protection - watch out for scams if you're sellers
What happened to me on this portal during a sale, endorsed by the mythical eBay protection - but, fortunately, not by the specific European Law that protects against it - is the most disgraceful and shocking thing I have experienced. Send, for example, a valuable crystal and the buyer takes a photo of receiving a damaged package, perhaps replacing your crystal with some broken pieces of glass. Obviously the buyer, to avoid meticulous investigations into the contents of the package, did not report to the courier - as required by law - the receipt with reservation or for hidden damage, thus avoiding the detailed investigations into the contents. The moral? The buyer keeps the crystal and the broken pieces, while the seller cannot seek redress in any way and is forced to refund the buyer and, at best, keep the broken pieces of glass. Imagine the same process on two identical objects, one broken in the buyer's hands and the intact one shipped by the seller and voilà, the game is done. Someone, namely the undersigned, will submit to the competent Authorities - through a Lawyer - his experience on the matter, so that someone can judge such conduct according to the national and European Laws on the matter.
Be very careful, very careful about selling on this platform.
papigo
OP2 years agoIt remains to be seen whether eBay feels above the Law or whether its "behavior" encourages shady or even unlawful activities; as a result, I would be interested to know the opinion of its sponsored partners, such as - for example - the Pramac MotoGP team and the like.
marioelegio
Mentore2 years agoWhat would the specific European law be that protects it?
There are art. 1693 and art. 1968 of the civil code, but those are laws that date back decades before the EU.
Anyway, on a distance-selling portal, responsibility for transportation is contractually entirely in the seller's hands.
The reservations, whether a specific one for obvious damage or the generic one for hidden damage, are irrelevant for the buyer and would serve only to protect the seller.
Besides, keep in mind that, post-covid, couriers almost never ask for a signature upon delivery of the goods.
hi
mario
papigo
OP2 years agoThanks for the reply, but in my case that’s not what you understood.
The issue is more complex, and the responsibilities are governed by the same Laws that shippers subscribe to in the bylaws (Poste Italiane, for example, like the other EU companies).
If you want me to be clearer about how things went, I can go into more detail; maybe I didn’t make myself understood well enough.
papigo
OP2 years agoIn essence, eBay has blatantly contravened, with its judgment on the dispute tied to the imaginary and SUBJECTIVE "protection", the guidelines on safeguarding shipped goods and their owner, opening up scenarios that in some way encourage unclear or even outright illicit activities.
This is my experience, and this is what we will represent in full.
Thank you, Luca.
sika700
Mentore2 years agoYou’ve discovered hot water... good luck with the report!
papigo
OP2 years agoWell, this isn’t exactly rocket science, it’s a completely new and blatantly illegal way, covered by protection from this portal that doesn’t comply with any European law on the matter, which states that the package, once accepted by the buyer without reservation, must have been inspected by the buyer themselves. Always open the packages, ALWAYS; if you accepted it without reservation, the responsibility is yours and the material is taken as good. Instead, eBay, with its bogus cover that does what? It illegally protects those who have not - by law - carried out the necessary checks and thus makes itself complicit in any frauds.
Lawyer is a must, thanks for the wish... luckily I’m not paying for it, it’s a “family” thing.