Per section 9.9 of the PayPal User Agreement: If you lose a Significantly Not as Described Claim because the item you sold is counterfeit, you will be required to provide a full refund to the buyer and you will not receive the item back (it may be destroyed).
The problem I see with this is WHO makes the determination that the item is counterfeit? The Buyer? PayPal? eBay?
It would be one thing if an EXPERT (or at least a representative of the company owning the rights to the item in question) makes that determination. But this does not happen. There have been several posts on this forum and elsewhere by sellers losing both their money and their REAL item this way, just because the buyer claims it is a ⊗⊗⊗⊗ and PayPal just automatically sides with them. They cannot all be liars.
The buyer SUPPOSEDLY has to "certify" that the item was destroyed. In how many cases do you suppose this REALLY HAPPENS? This is completely unfair. The end result is that the buyer ends up with FREE MERCHANDISE.
This is such a scam! eBay/PayPal want to side with the buyer in every possible case. We know that eBay wants to be known as a 'safer' marketplace. Done the right way, the item would be sent to PayPal (or preferably an independent third party) to make a determination if the item was actually ⊗⊗⊗⊗ or not (and even THAT could be abused if a scamming buyer puts a ⊗⊗⊗⊗ in place of the real thing). But to do it this way would cost eBay/PayPal money, and most likely create legal liability for them if the items were later proven to be genuine. So their answer is to simply screw the sellers again by allowing the buyers to keep the merchandise AND get a refund simply by CLAIMING it is ⊗⊗⊗⊗, whether it is true or not.
If this is not illegal, it SHOUILD BE!
Last edited by jeffweico; 08-03-2010 at 01:17 AM.
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