eBay

cottonwoodindustries · ‎08-14-2008

I love it when you get a chargeback claim, paypal doesn't get in touch with you about it.

If I didn't go to my paypal account to check up on something else I would have missed it.

New ebayer said he did buy the item - of course it would have to be a $100.00 item sent to the UK.

Well I filled in the claim, which of course I will LOSE!

But, then I sent a note through ebay to the seller to ask what happened with the order.

I also sent him an email to his private email account - to let him know that I was going to CP to start an investigation into whether he received the item, and if he did and was keeping it and trying to get his money back, that I would be taking legal action, in brackets I said, (I hope this was not the case and that it was just a misunderstanding on his part.) 🙂

Well what a glorious day....;-)

tea_past_times · ‎08-14-2008

YUP

lina-mallows · ‎08-14-2008

A package we sent to TAIWAN, about 45 days ago, appears to be missing- so the buyer claims.
The BUYER writes us that it has been 45 days- and to protect themselves, they feel it may be necessary to file a PayPal dispute.

We normally use SMALL PACKET SURFACE to TAIWAN- as the cost for AIRMAIL is prohibitive. HOWEVER- an SMALL PACKET service is not tracked, and no signature option is available.
We sent this package by SURFACE PARCEL, and it was C$38+ to send.
(we subsidized the difference)

We thank them for letting us know that the package has not arrived- and invite them to IMMEDIATELY file a PayPal claim.

What the BUYER overlooked- was that we send his package by TRACKED MAIL- with a signature.

We never mentioned this FACT to the buyer- that the package was tracked with signature. NOTING- tat after our willingness to have them file IMMEDIATELY- we have no RESPONSE, and no PayPal claim has been made.

So, we hope they file a claim. The evidence of the package's dispatch, tracking, and delivery- WITH SIGNATURE, are all PayPal claims we need as sellers to win our case.

Understanding PayPal- even with ALL this information- anyone want to bet the customer (if they file) will ultimately get their money back- AND get to keep the three items purchased?

cottonwoodindustries · ‎08-14-2008

whoops, The new ebayer said He DID NOT buy the item, I must have been sleeping this morning

Well I havent heard back from the buyer, but I will give him a few days.

I have a really good lawyer, who loves to write awesome letters to people who try this type of crap. Usually scares them since there are 18 lawyers on the letterhead and it doesn't get past this point.

I will not let this fall by the wayside. Because if they get away with it once they will do it again, again again!!!

Scamming on the internet is becoming big business and sometimes we need to take a stand.....:^O

gifts_of_elegance · ‎08-14-2008

Its unbelievable how scamming has increased since we cannot leave negative for purchasers. I have never had so many non-paying bidders, "unauthorized transactions", so many "lost" parcels and so much trouble as in the last few months.

This is the funniest: purchaser bought pair of earrings 1 1/4" long, wrote that it was too big and is returning for refund. I never received anything back and now they say they will file a claim under eBay's purchaser's protection program.

momoftwingles2 · ‎08-15-2008

gifts_of_elegance,

Did your buyer write to you and request that she be permitted to return the earrings? Doesn't eBay/PayPal require buyers to send back with tracking???

Just curious.

Susan
momoftwingles2

lina-mallows · ‎08-15-2008

Maybe I am way off base here- but isn't there some law (at least here in Ontario) that prohibits the return of articles- of a personal nature?
And, if so, I am certain that this includes PIERCED EARRINGS.

Am I mistaken?

lina-mallows · ‎08-15-2008

In the UK- you'll see things like this posted:

"Products we are unable to refund

In the interests of hygiene, the following items are non-returnable unless faulty:
Underwear/lingerie, control wear, hosiery and swimwear unless the hygiene strips and tags are still in place.
Hats and hair accessories unless unworn and the tags still in place.
Pierced earrings and pierced body jewellery - we are unable to refund or exchange any pierced jewellery.
Quilts, duvets and pillows unless the original packaging remains undamaged and unopened
Cosmetics and toiletries, we will accept returns if they are in a saleable condition with unbroken seals and packaging, and only if supported by a valid proof of purchase (your despatch note) for exchange or refund.
Gift food and products containing alcohol."

cottonwoodindustries · ‎08-15-2008

I just told Paypal that if they did not want the item, I WANT IT BACK!!

Then they can give their money back, but not until I received the MONEY...

Then I thought I would go the the UK Powersellers forum and give them a heads up about their countrymen antics, and to be aware!!...heads up so to say.

Right now I have some relatives visiting Scotland and Great Britain, they could easily pick up the product and see if it was USED!!!

Could get pics sent and forward them on to Paypal....just a thought.

cottonwoodindustries · ‎08-15-2008

Geesh!! pushed the wrong button again!!

but not until I get my CAR BACK....

All I can say is it better be in the same condition as I sent it!!!

Have a great day, everyone!

cottonwoodindustries · ‎08-15-2008

WELL I sent a note to paypal this morning about the chargeback, this is how it went...

If this buyer did not authorize this sale, why did he buy the another xmods car on the same day, JULY 20, from another seller. I bet if you check the time of the other sale they were pretty close.

If the buyer had buyer remorse, then why did he pay for the item, he could have gotten in touch and we could have canceled the order, then there would have been no problem.

Look at my feedback, I try to provide the best service around.

And I did the same for this buyer, he bought the car, paid for it, I packaged it and mailed it the next day...I did my part.

He receives the item, buyer remorse kicks in and now he want his money back, if that is the case I WANT MY MERCHANDISE BACK, then you can give his money back...

But if you give his money back BEFORE he has returned my stuff, then you are setting a very bad example that other buyers will take advantage of.

I can get my stuff for FREE on ebay and this is how you do it.

You say you stand up for the seller well PROVE IT.

I will be waiting patiently for your answer.

Loré - COTTONWOODINDUSTRIES

I am going to send notes everyday if I have too, to win this case.. 🙂

Hope this works!!

gifts_of_elegance · ‎08-15-2008

Purchaser never asked if she could return, she just told me she is returning it. Yes, PayPal requires they send it back with tracking, but you never know, they might have different rules for USA purchasers. PayPal is full of surprises.
I am aware of the law in Ontario. I am not happy she is sending it back, but what difference does it really make? If I told her that, I would just end up with a negative plus PayPal reversal in the end.

I am so sick of all this!

lina-mallows · ‎08-15-2008

It boggles the mind to believe that eBay could inevitably compel a SELLER, through the complaint process, to accept the return of an item, that the LAW SPECIFICALLY states CANNOT be returned!

eBay goes out of its way at least publicly appear that they comply with LOCAL laws, when establishing other eBay.SOMETHING sites.
(Australia with PORN & PayPal. The US with TOBACCO.)
SELLERS are absolutely obligated to follow the laws of their jurisdiction regardless of where they are selling to.

momoftwingles2 · ‎08-15-2008

I believe the PayPal rules are the same for all. And, I can assure you...that even in the States...you may not return pierced earrings. It's a health issue as has been stated.

Susan
momoftwingles2

dipmicro · ‎08-15-2008

Lina, my invoices are addressed from Switzerland. Generally, we are purchasing service from Swiss entity (and thus saving us GST) but they have nothing to do with Canada or Ontario legislation.

lina-mallows · ‎08-15-2008

dipmicro - SImply put- eBay.CA- is a REGISTERED Canadian entity- and had to prove that CANADIAN status to REGISTER their DOT CA identity.
eBay both maintains offices, and employes people IN CANADA.
Therefore- eBay must maintain a GST identity in CANADA in order remit the neccessary payments to the Governemnt, on behalf of its employees.
Lets see eBay argue anything other than this is the case.
And- these employees provide support (though questionable at times) to Canadians!
For eBay to CLAIM they ARE CANADIAN- and then also claim that they are not subject to Canadian Tax Law is absurd.

We, as GST REGISTERED sellers are obligated to remit GST/HST for sales and services(as applicable) in Canada. Why does eBay not follow the same procedure for the services they provide?

To argue that the address of their billing is from SWITZERLAND is totally not relevant to the argument that the SERVICE eBay.CA provides is SUBJECT to GST.

Should I simply use my US address for billing Canadians- and therefore claim that I am except from charging GST- as I am now billing my Canadian customer from the US? This argument wouldn't hold water.
US companies that delivery goods, and services to CANADA are still subject to Canadian Law.

Just for a moment- if eBay wants to claim SWISS status- why is there any debate between Canada Revenue Agency, and eBay.CA staff? Why isn't CRA looking to Switzerland for the records?

Just as an aside- I did find this in eBay Policy:
Cosmetics which have been opened but not used may be sold on eBay if they were opened less than a year prior to sale and include all original packaging and labelling. Products opened more than a year prior to sale are prohibited on eBay since product properties may alter with age and could pose risks to subsequent users. [NOTE: Canadian law does not prohibit the sale of unused, opened cosmetics which are more than a year old, but Health Canada strongly recommends against their resale.]

It is important to remember that all sales of cosmetics on eBay must comply with federal and provincial labeling requirements with respect to the identity of the product, net quantity, name and address of manufacturer or distributor, as well as directions, warnings or cautions in English and French where necessary.

I couldn't find any mention of pierced earrings being prohibited. Though they clearly are- maybe eBay needs to address this in their policies.
AND- maybe sellers should be adding something like this to their auctions-
LEGISLATION PROHIBITS THE RETURN OF THESE ITEMS- PIERCED EARRINGS, etc.
PLEASE CHOOSE CAREFULLY WHEN PURCHASING- AS WE ARE UNABLE TO ACCEPT THEIR RETURN.
WE ARE SORRY OF THIS IS AN INCONVENIENCE. HOWEVER, WE ARE OBLIGATED BY LAW TO NOT ACCEPT RETURNS.

lina-mallows · ‎08-15-2008

dipmicro - IF you are a CANADIAN USER- this is part of YOUR USER AGREEMENT:
"Your User Agreement
Fees and Services

"Joining eBay and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that policy are effective after we provide you with at least fourteen days' notice by posting the changes on the eBay site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the site."

Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)

FURTHER- and most importantly:

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree that any claim or dispute you may have against eBay must be resolved by a court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes."

Where is being governed by SWISS Law mentioned in YOUR USER AGREEMENT with eBay?

At the bottom- the following is noted:
General

"eBay International AG is located at Helvetiastrasse 15/17, 3005, Bern, Switzerland. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced."

FURTHER- eBay.CO.UK charges their users VAT. Why haven't they circumvented these taxes by simply making their billing address in the UNITED STATES!

dipmicro · ‎08-15-2008

For eBay to CLAIM they ARE CANADIAN- and then also claim that they are not subject to Canadian Tax Law is absurd.

Simple.

I register MyCoolInc AG in Switzerland and bill Canadians from that entity. MyCoolInc Canada exports local support services to Switzerland and thus is not subject to Canadian nor Swiss tax and very likely there is no duties on importing foreign local support service in Switzerland.

Canadians pay MyCoolInc AG to the swiss account, while MyCoolInc AG pays MyCoolInc Canada for the local support service. The only income from this operation Revenue Canada sees is the income tax from the employee wages and sales tax from office supplies. And there is probably very little they can do about it.

I don't see any GST on my invoice. Do you?

pierrelebel · ‎08-15-2008

"Why does eBay not follow the same procedure for the services they provide?"

Excellent question.

It was answered a few years ago after investigation with a senior official of Revenue Canada.

Basically, the legal stature of eBay.ca in Canada is irrelevant as far as GST/HST is concerned since they take the stand the (potentially taxable) service they provide is based in the USA (San Jose where the servers are located), not in Canada. They have no servers in Canada providing a potentially taxable service.

Their presence (staff and office) in Ontario and BC do not change the basic understanding that no taxable service is sold within Canada.

Revenue Canada has agreed with that interpretation as they do in all similar instances. .