I'm not sure if this is good news or scary!

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#46
BeenBurned said:
Actually, that's been in ebay's TOS forever.

Here's the link to the terms:
http://pages.ebay.com/help/policies/user-agreement.html

And the pertinent part:
Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND EBAY HAVE AGAINST EACH OTHER ARE RESOLVED.

You and eBay agree that any claim or dispute at law or equity that has arisen, or may arise, between us relating in any way to or arising out of this or previous versions of the eBay User Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

*snip*

B. Agreement to Arbitrate

You and eBay each agree that any and all disputes or claims that have arisen, or may arise, between you and eBay relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to eBay's Services, or any products or services sold, offered, or purchased through eBay's Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

  1. Prohibition of Class and Representative Actions and Non-Individualized Relief

    YOU AND EBAY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND EBAY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and eBay's right to appeal the court's decision. All other claims will be arbitrated.

  2. Arbitration Procedures

    Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.


    The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

    A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice"). You may download a form Notice here. The Notice to eBay should be sent to eBay Inc., Attn: Litigation Department, Re: Notice of Dispute, 583 W. eBay Way, Draper, UT 84020. eBay will send any Notice to you to the physical address we have on file associated with your eBay account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.


    If you and eBay are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or eBay may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to eBay at the following address: eBay, Inc. c/o CT Corporation System, 1108 E South Union Ave., Midvale, UT 84047. In the event eBay initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your eBay account. Any settlement offer made by you or eBay shall not be disclosed to the arbitrator.


    The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or eBay may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and eBay subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or eBay may attend by telephone, unless the arbitrator requires otherwise.


    The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same eBay user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

  3. Costs of Arbitration

    Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, eBay will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by eBay should be submitted by mail to the AAA along with your Demand for Arbitration and eBay will make arrangements to pay all necessary fees directly to the AAA. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse eBay for all fees associated with the arbitration paid by eBay on your behalf that you otherwise would be obligated to pay under the AAA's rules.
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Wasn't there a class action suit against ebay awhile ago? I think I remember getting a settlement check. Were these TOS in place for the period of the class action?
 
#47
whateve said:
Wasn't there a class action suit against ebay awhile ago? I think I remember getting a settlement check. Were these TOS in place for the period of the class action?
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I don't know. I think I always noticed that particular disclaimer. Maybe some lawyer found a work-around.
 
#48
I read a more recent article on this eBay authentication here -
http://www.ibtimes.com/ebays-new-au...-if-high-end-handbag-you-want-buy-not-2474652

Though I haven't bought off ebay for years out of fear of fakes...I'm interested to see how this will pan out. I know many tpf members are not confident in this announcement, but I for one am willing to give them benefit of the doubt at least until they provide more details. Hopefully this will be a move in the right direction.
 
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#50
jcrewaddict883 said:
I heard they used bags from Linda's Stuff to help build their database. Who knows if true but very interesting!
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I would have assumed that a service like this would have to purchase bags directly from the designers, to be sure that their device knows which are authentic details. So what you're saying is that it uses bags already in the secondary market as their source?
 
#51
Smoothoprter said:
I would have assumed that a service like this would have to purchase bags directly from the designers, to be sure that their device knows which are authentic details. So what you're saying is that it uses bags already in the secondary market as their source?
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Oh, yeah, that's dependable, especially when they're using items from a seller known to have listed and sold fakes!

Pffft.
 
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#52
Smoothoprter said:
I would have assumed that a service like this would have to purchase bags directly from the designers, to be sure that their device knows which are authentic details. So what you're saying is that it uses bags already in the secondary market as their source?
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How would they get vintage and older bags into their database if they were only buying bags directly from designers? A better solution would be to check archives and collectors.
 
#56
jcrewaddict883 said:
I heard they used bags from Linda's Stuff to help build their database. Who knows if true but very interesting!
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Heard from where?
And yes, who knows if it's true?
I'm not defending this seller, but since when did we start posting in the eBay forum without facts?
Did Entrupy confirm this or did Linda's stuff confirm that they were using used bags?
 
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#58
Monicca said:
This article states that the service will be free for sellers of high-end fashion items such as handbags.
http://justetail.co.uk/full-insight-upcoming-ebay-authenticate-service/
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I'm not seeing it as free.

"The new scheme allows the seller to pay for an item to be sent over to the third party prior to auction. After receiving the product, the authenticator then performs a real life inspection, before sending the item to the buyer if all is in order. Additionally, a buyer can pay for an authenticator if the seller decides not to."

What it's saying is that if the seller has paid for the service, it's free to state it in the listing that the service is added and that the item will be re-reviewed before the buyer receives it.

"When the usage of the feature finally starts, sellers will be able to add it to inventories and listings of high-end fashion items such as handbags, for free."

and
For listings in the target inventory set where the seller hasn’t adopted the authentication service, the buyer will still have the ability to utilize the service for a fee.
 
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#60
poopsie said:
So it is the same principle as Shop Hers?
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It sounds like it.

That type of service is only as dependable as the experts it employs. I know Shop Hers has made mistakes, I know (from reading the ebay boards) that ebay pulls authentic listings (on occasion) and just about every other site (Tradesy, Poshmark, MP) that has an "authentication team" has made mistakes. Some make more mistakes than others.

I think it's a slippery slope if ebay is going to claim itself as a "venue" then turn around to hire or use authenticators.
 
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