eBay, etc. General Question/Answer Thread

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I had this same issue and argued with them both by email and over the phone with T&S several months ago and there's absolutely nothing in the user agreement that allows them to allow others to infringe on the intellectual property of others.

But rather than arguing, it's easier (and evidently more effective) to just reactivate an older listing on another site.
I did reactivate an older listing on mercari and resubmit. I just sent a follow-up. Will let you know what happens. The earlier email I received from them is in response to my first report referencing my ebay listing. Fingers crossed.
 
My question to them was (and still is) why have section 10 if section 9 applies? Section 10 doesn't specify that your intellectual property has to be on another site!
 
Ebay is supposedly supporting sellers in encouraging buyers to wait to file an INR case or just requesting a refund. I had a similar situation to @BeenBurned. Package picked up 11/30, not scanned at all until 12/14--two full weeks. You shouldn't have to refund and ebay should not insist. Ask your buyer to be patient; tell you buyer you'll make it right but please wait for the scans.

You can also go online to the USPS website and open an inquiry. It will show up on your ebay tracking and may help the buyer be patient. Go to this page: https://www.usps.com/help/missing-mail.htm and complete the missing mail form. As the sender, only you can complete this anyway. Then tell the buyer what you've done and, again, request patience.
I was lucky that my package wasn't for a ebay sale. As a friend, he understood and was considerably less bothered by this than I was.

Had it been an online sale, I really would have been stressed out.

As for the missing mail form, I did file but it was a waste of time in that case. If an item hasn't been scanned at all, they cannot use GPS to locate it. Nothing can be done unless and until an item receives its first scan showing that it's in USPS possession.

So not surprisingly, I heard nothing (beyond the automated reply to my submission immediately after I filed on December 22) until December 30.

On Dec. 30, 2 days after movement was shown, I received a "how did we do?" survey. (They didn't score well by me! I know they're bogged, but they really should be scanning arrivals.)

Thank you for your responses! My package finally scanned in 8 days later. What a relief!

On another note, I have a package that I shipped out on the 22nd. It is going to TN (about 2 states over from me). On Thursday, tracking says it was last scanned in Nashville. I just checked today and it is somehow out in Albany, NY :facepalm: I just can't catch a break LOL
 
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My priority package (that I'd referred to above) was sent out on December 12. It was scanned as "accepted" in my origin city on December 28. It was delivered on January 2.
 
I sold a pair of earrings and mailed them, PA to Ohio. The earrings are visiting in Kansas right now. BTW, the handbag I sent to Minnesota that was in Florida was ultimately delivered nearly on time. I think that the Philadelphia distribution center just sends the packages out--to let them be correctly sorted by some other distribution center. Still waiting for so many packages that I can't keep track.
 
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For the record, this is the content of paragraphs 1 and 2:

9. Content
When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against eBay, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of our Services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. eBay takes no responsibility and assumes no liability for any content provided by you or any third party.


This is a copy and paste of my reply:

Thank you for your response but you are incorrect and are referring to the wrong section of the user agreement.

It's section 10 that applies in this case and it is absolutely my right to enforce and protect my intellectual property. That's why VeRO and DMCA exist.

https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259#9. Content

And section 10:
10. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. eBay's Verified Rights Owner (VeRO) program works to ensure that items and content using our Services do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our VeRO team and we will investigate. Learn how to submit a notice to eBay.
One response to my report that referenced my mercari listing. Contact buyer because they probably don't know it's against ebay policy. Hmm so is it or isn't it because their last response was sorry it's allowed. I don't think any of these people know what they are talking about. The listing in question has ended as of last night with no bids so I'll see if she relists Screenshot_20210104-085054.jpg
 
One response to my report that referenced my mercari listing. Contact buyer because they probably don't know it's against ebay policy. Hmm so is it or isn't it because their last response was sorry it's allowed. I don't think any of these people know what they are talking about. The listing in question has ended as of last night with no bids so I'll see if she relists View attachment 4946533
Another response. This is to the form referencing mercari listing. Still pointing to user agreement, which would be moot for photos uploaded to mercari...unless they are trying to say that by the seller stealing and uploading my photos to ebay they are somehow ebay property now. Ugh. I think in the future I will write my ebay user name across all my pictures to make stealing them less appealing.

Screenshot_20210104-093734.jpg
 
Another response. This is to the form referencing mercari listing. Still pointing to user agreement, which would be moot for photos uploaded to mercari...unless they are trying to say that by the seller stealing and uploading my photos to ebay they are somehow ebay property now. Ugh. I think in the future I will write my ebay user name across all my pictures to make stealing them less appealing.

View attachment 4946560
And the final response, when pointing out the pictures came from another site, not ebay. So there you have it. Watermark or put your user name on your picturesScreenshot_20210104-100300.jpg.
 
One response to my report that referenced my mercari listing. Contact buyer because they probably don't know it's against ebay policy. Hmm so is it or isn't it because their last response was sorry it's allowed. I don't think any of these people know what they are talking about. The listing in question has ended as of last night with no bids so I'll see if she relists View attachment 4946533
Another response. This is to the form referencing mercari listing. Still pointing to user agreement, which would be moot for photos uploaded to mercari...unless they are trying to say that by the seller stealing and uploading my photos to ebay they are somehow ebay property now. Ugh. I think in the future I will write my ebay user name across all my pictures to make stealing them less appealing.

View attachment 4946560
They're idiots!
 
Good evening, ladies!
I have yet another problem with an Ebay transaction and came to the only place I know I could get valuable information
My problem is this:
I am European seller. I have sold a coat on ebay on the 6th November to a buyer from the United States. I shipped it on the 9th (on Monday) first thing in the morning (she payed on Friday evening and the post does not work on weekends here in my country). After I shipped, the buyer told me that she needed the coat for as a present for her sister's birthday which was on the 26th of November. Although I did my best, the package did not get on time, especially since the communications between the US and my country were delayed due to the pandemic. On the 6th of December the buyer opened a case and I refunded her several days after. On the 13th of December, although the tracking still does not show delivered up to this day!, the buyer messaged me and told me she got the coat. Because her sister's birthday had passed and she had to get her another gift, she does not need the coat anymore, so she offered to send it back. The shipping would be around 214 dollars to ship it back. The cost of the coat was 178 dollars and 35 dollars for shipping. She said she does not need it and although I made her an offer to pay half of the price, she told me she cannot pay more than 40 dollars for it.
I would like to ask for advice if there's anything I could do to recover at least part of my money in this case? Maybe from paypal? There is no way I can pay 214 dollars to ship it back to me, but I am also really sad because the coat was almost new, and it was a cashmere Max Mara coat that was pretty expensive when I purchased it and was almost new when I sold (I wore it probably 2-3 times and had to sell because of weight gain).
Thank you for your time and patience.
 
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