27/7/2008 - This is an example of how Ebay pulls peoples "no paypal" listings:
This is an example of how Ebay pulls peoples listings, for saying,
"I don't accept pPaypal" - despite Ebay shoving "YOU OUGHT TO BE or ACTUALLY ARE USING PAYPAL" adds and threats down peoples throats...
When people (sellers) inform the buying public that they don't accept Paypal - contrary to Ebays standover merchant antics....
Ebay then pulls their listings and keeps the money for the listing.
This is a REAL copy of an actual Ebay email, telling the seller, they have removed the sellers listings.
Some details have been obscured:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Hello (seller on Ebay Site)
We appreciate that you chose eBay to list the following listing(s):
Big Number - Item
Big Number - Item
Big Number - Item
Big Number - Item
Big Number - Item
However, your listing was in violation of eBay's policy and has been removed from eBay. We notified members who placed bids on the item that the listing has been canceled. We would like to take this opportunity to let you know what part of your listing is not permitted.
Your listing(s) contains the following information:
DESPITE WHAT EBAY CLAIM IN MY LISTINGS, I DO NOT HAVE A PAYPAL ACCOUNT.
DO NOT PAY WITH PAYPAL!!
I ACCEPT BANK DEPOSITS ONLY.
Your listing(s) may be eligible for relisting through My eBay. If so you'll see the listing in your Unsold Items page within My eBay. Those that are not eligible for relisting will not be visible in the Unsold Items page.
To relist your item, sign in to My eBay, go to your Unsold items and select the item that was cancelled. (It's highlighted with a yellow banner.) Before relisting, please make any changes necessary to ensure that your listing is in compliance with the law and eBay policies.
You might want to check your other listings for similar violations."
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
This is an example of just how corrupt and untrustworthy the management of Ebay actually ARE.
One - just ONE of the really slimy actions by this company was to apply to the ACCC to get an exemption to the Trade Practices Act, to allow them to FORCE everyone to use Paypal and ONLY Paypal for all financial transactions....
No credit cards, No Direct Deposits, No Money Orders....
It's Ebays way or hit the highway - and they shove your business out into the wilderness - where you and your family will die - or so they lead you to believe...
Ebay in a simplistic sense, stood to at least double the takings on all transactions.. by gouging even more of the profit from the sellers and buyers transaction.
The listing fees, the final value (sale) fees AND then the Paypal TRANSACTION fees and the Paypal account withdrawl fees.
The management of Ebay lost this application MOST severely - with 99.99% of the over 700+ objectors writing in and complaining "most vehmently" against Ebays application for an exemption.
And now the management of Ebay are forcing everyone to use Paypal anyway, by advertising it on their Auction listing - whether they use or accept payment by Paypal or not.
When people say "Only pay me via bank deposit, because I don't take payment via Paypal, because I don't have a Paypal Account" - and Ebay falsely advertises that they do....
The Management of Ebay remove the listing, and then steals the sellers money for the listing, from them.
If you are or were a seller using Ebay in Australia, I'd advise you to contact the ACCC, your states Fair Trading / Consumer rights dept., and have a look at the Trade Practices Act and the Fair Trading act.
Keep records of emails and screen shots of all the action and file it away.
An excellent product to make webpages into PDF documents, is called:
PDF creator - it prints from the browser (Fire Fox = Yay) to file - a PDF file - the whole webpage on an A4 sized document.
http://sourceforge.net/projects/pdfcreator/
http://www.linux.com/feature/59229
http://linux.softpedia.com/get/System/Archiving/Indexed-PDF-Creator-1071.shtml
You may have a very real opportunity to take Ebay through a tribunal or join in a class action for things like breach of contract, Unfair Terms and Conditions, false advertising etc.
I do not know what all of the laws are in all the states in Australia, but I do know that Victoria has a section in it's Fair Trading Act - on Unfair terms and Conditions.
They are unlawful to impose upon people - that is just for starters...
Go here:
http://www.consumer.vic.gov.au/
At the bottom of the page are some links:
"Resource Center"===> LEGISLATION
Search this:
Fair Trading Act
Version No. 036
Fair Trading Act 1999
No. 16 of 1999
Version incorporating amendments as at 1 July 2008
Version incorporating amendments as at 1 July 2008
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
4 Representations as to future matters 10
5 Crown bound 11
6 Extra-territorial application of this Act 11
PART 2—UNFAIR PRACTICES 12
7 Unconscionable conduct within the meaning of the unwritten
law 12
8 Unconscionable conduct 12
8A Unconscionable conduct in business transactions 14
8B The price for a supply or acquisition, or possible supply or
acquisition 19
9 Misleading or deceptive conduct 21
10 Misleading conduct in relation to goods 21
11 Misleading conduct in relation to services 22
12 False representations in relation to goods and services 22
13 False representations in relation to employment 24
14 False testimonials 24
15 Cash price to be stated in certain circumstances 25
16 Offering gifts and prizes 25
17 Bait advertising 26
18 Referral selling 27
19 Accepting payment without being able to supply as ordered 28
20 Misleading representations about certain business activities 29
21 Harassment and coercion 30
22 Pyramid selling 31
23 Unsolicited prescribed cards 33
24 Right to payment for unsolicited goods or services 36
24A Right to payment for goods or services not supplied 36
Section Page
ii
25 Liability of recipient of unsolicited goods 37
26 Liability of recipient of unsolicited services 39
27 Right to payment for unauthorised entries or advertisements 39
28 When right to payment deemed to be asserted 42
29 Address to be included in documents 43
30 Mock auctions 45
31 Simplification of proof 46
32 Publications which are not prohibited 47
PART 2A—IMPLIED CONDITIONS AND WARRANTIES IN
CERTAIN CONTRACTS OF SUPPLY 48
Division 1—Interpretation 48
32A Definitions 48
32B What are conditions and warranties? 49
32BA What are antecedent negotiations? 49
32C When is a person aware of a fact, matter or circumstance? 49
Division 2—Application of Part 50
32CA Application of Part 50
32D This Part applies to certain kinds of contracts 50
32DA This Part does not apply to certain kinds of contracts 51
32E How is cash price determined for contracts generally? 52
32EA How is cash price determined for leases of goods? 53
32EB Presumption that this Part applies to supply 54
32F Application of Part to mixed contracts 54
32FA Application of Goods Act 1958 to contracts of supply 54
Division 3—Supply of goods or services 55
32G Terms implied in contracts as to right to supply 55
32GA Transfer of limited interest in goods 56
32GB Terms implied in leases as to right to hire 57
32H Supply of goods by description 57
32HA Supply of goods by sample 58
32I Merchantable quality of goods supplied 59
32IA Fitness of goods for purpose 59
32J Implied conditions in supply of services 60
32JA Fitness of services for purpose 60
32K Supply of services by demonstration 61
32KA Terms implied in contracts of supply of both services and
goods 62
32KAB Certain agreements excluded 63
32L Contract cannot exclude this Part 63
32LA Contract cannot exclude liability for damages 64
32M Penalties for including void provisions 65
32MA Limitation of liability generally 65
Section Page
iii
32N Limitation of liability in relation to supply of recreational
services 67
32NA Exemption from waiver form requirement 70
32NB Supplier to have reasonable opportunity to make good title 71
32O Acceptance of goods 72
32OA Rescission for innocent misrepresentation 74
32P Discharge or rescission of contract of supply of goods 74
32PA When does a discharge or rescission have effect? 75
32Q Liability of supplier and person conducting antecedent
negotiations 76
32QA Indemnity for supplier or dealer 78
32R Certain contracts or provisions void 78
32RA Penalty for including void provision relating to antecedent
negotiations 79
Division 4—General 79
32S Implied terms do not negative express terms unless
inconsistent 79
32SA Limit of liability of guarantors 79
32T Limit of liability under security 82
32TA Contract of supply not illegal etc. 82
PART 2B—UNFAIR TERMS IN CONSUMER CONTRACTS 83
32U Definitions 83
32V Application of Part 84
32W What is an unfair term? 84
32X Assessment of unfair terms 84
32Y Effect of unfair term 85
32Z Offences relating to prescribed unfair terms 86
32ZA Injunctions to prevent continued use of unfair terms 86
32ZB Director may require the supply of information 87
32ZC Declaration by the Tribunal 88
32ZD Advisory opinion by the Tribunal 89
PART 2C—FRUSTRATED CONTRACTS 90
Division 1—Introductory 90
32ZE Definitions 90
32ZF Contracts to which this Part applies 90
Division 2—Consequences of frustration of contract 91
32ZG Adjustment of amounts paid or payable to parties to
discharged contracts 91
32ZH Court may allow amounts paid or payable to be recovered
or paid 91
32ZI Parties to pay an amount for valuable benefits obtained 92
Section Page
iv
32ZJ Calculation of expenses incurred 93
32ZK Circumstances in which amounts payable under contract of
insurance excluded 93
Division 3—General 94
32ZL Circumstances in which contract provisions continue to
have effect despite frustration 94
32ZM Performed part of contract not frustrated 94
32ZN Nature of action 95
32ZO Limitation period 95
PART 3—SAFETY AND INFORMATION REQUIREMENTS 96
Division 1—Safety standards 96
33 Offence to supply goods or services which do not comply with
safety standards 96
34 Prescribed safety standards 97
35 Interim ban order 97
36 Operation of interim ban order 98
37 Notice of order 99
38 Offence to contravene interim ban order 99
39 Permanent ban order or fixed term ban order made after
interim ban order 99
40 General power to make permanent ban order or fixed term
ban order 100
41 When does a permanent ban order or a fixed term ban order
take effect? 101
42 Notice of order 102
43 Revocation or amendment of permanent ban order or fixed
term ban order 102
44 Offence to contravene permanent ban order or fixed term ban
order 102
45 Loss, injury or damage arising from a contravention of this
Division 103
Division 2—Information standards 104
46 Offence to supply goods or services which do not comply
with information standards 104
47 Prescribed information standards 104
48 Loss, injury or damage arising from a contravention of this
Division 105
Division 3—Recall of goods 106
49 Notification of voluntary recall 106
50 Compulsory recall 107
51 Repair and replacement of goods 109
Section Page
v
52 Circumstances in which a refund may be reduced 109
53 Compliance with compulsory recall notice 110
54 Loss, injury or damage arising from contravention of this
Division 110
55 Requirement to notify persons outside Victoria 111
56 Certain actions not to affect insurance contracts 112
Division 4—Applications for review 113
57 Review of ban order or compulsory recall notice 113
Division 5—Warning notices 113
58 Warning notice to public 113
PART 4—OFF-BUSINESS-PREMISES SALES AND OTHER
SALES 115
Division 1—Introductory 115
59 Application 115
Division 2—Contact sales agreements 116
60 What is a contact sales agreement? 116
61 Requirements for contact sales agreements 118
62 Supplier must comply with requirements 119
62A Duty to obtain prior consent to visit 120
62B Duty not to remain on premises for long periods 122
62C Duty to leave premises 123
62D Duty to produce identification 123
62E Duty to inform 124
63 When can the purchaser cancel the agreement? 124
64 What is the effect of cancellation? 126
65 What must the supplier do on cancellation? 126
66 What can the supplier charge on cancellation? 127
67 What must the purchaser do on cancellation? 128
Division 2A—Telephone marketing agreements 128
67A What is a telephone marketing agreement? 128
67B Duty to cease telephone marketing 131
67C Permitted hours for telephone marketing 131
67D Purchaser must give explicit informed consent 132
67E Requirements for a telephone marketing agreement 134
67F Supplier must comply with requirements 136
67G When does a telephone marketing agreement commence? 136
67H When and how can the purchaser cancel the agreement? 137
67I What is the effect of cancellation? 138
67J What must the supplier do on cancellation? 139
Section Page
vi
67K What can the supplier charge on cancellation? 139
67L What must the purchaser do on cancellation? 140
67M What if the telephone marketing agreement is void for lack of
explicit informed consent? 141
Division 3—Non-contact sales agreements 142
68 What is a non-contact sales agreement? 142
68A Duty to cease telephone marketing for non-contact sales
agreement 143
69 Requirements for non-contact sales agreements 143
70 Supplier must comply with requirements 144
71 When can the purchaser cancel the agreement? 145
72 What is the effect of cancellation? 145
73 What must the supplier do on cancellation? 146
74 What can the supplier charge on cancellation? 146
75 What must the purchaser do on cancellation? 147
Division 4—General 147
76–78 Repealed 147
79 Trade-in not to be sold during cooling-off period 148
80 Prohibition on payment for services during cooling-off period 148
81 Certain provisions in agreements void 148
82 Recovery of money 149
PART 5—LAY-BY SALES 151
83 Statement of lay-by terms 151
84 Change of lay-by terms 152
84A Lay-by goods must be available 153
85 Cancellation of lay-by by purchaser 153
86 Cancellation of lay-by by supplier 154
87 Cancellation on breach by purchaser 155
88 Cancellation where business closes 156
89 Effect of cancellation of lay-by 156
90 Cancellation charge must not exceed a reasonable amount 158
91 Limits on supplier's remedies 159
92 Demands for early payment 159
93 Effect of contracting out 159
PART 5A—FAIR REPORTING 160
93A Definitions 160
93B Correction of errors 160
93C Consumer may apply to court where agent fails to correct
information etc. 161
93D Powers of Court on application 162
Section Page
vii
PART 6—CODES OF PRACTICE 164
94 Preparation of draft code of practice by the Director 164
95 Consideration of draft code of practice prepared by other
persons 164
96 Prescribing codes of practice 164
97 Offence to breach code of practice 165
PART 7—ADMINISTRATION 166
98 Director of Consumer Affairs Victoria 166
99 Staff 166
100 Functions and powers of the Director 166
101 Powers of delegation 168
102 Director's report 168
PART 8—POWERS OF DIRECTOR 169
Division 1—Disputes 169
103 Making a complaint 169
104 Conciliation and mediation 169
105 Powers of the Director in relation to proceedings on behalf of
consumers 170
106 Proceedings and costs 172
Division 2—Suppliers 174
106A Substantiation of claims 174
106B Show cause notice 175
Division 3—Licence suspension 177
106C Definitions 177
106D Director may suspend licence 178
106E Effect of suspension 180
106F Lapsing or continuation of suspension 182
106G Extension of period 183
106H Right of review 184
Division 4—Obtaining information, documents and evidence 184
106HA Power to obtain information and documents to monitor
compliance 184
106I Power to obtain information, documents and evidence 186
106J Powers in relation to documents 187
106K Copies of seized documents 188
106L Retention and return of seized documents 189
106M Magistrates' Court may extend 3 month period 189
106N Complaints 190
106O Service of documents 190
106P Confidentiality 191
Section Page
viii
PART 9—FUNCTIONS OF TRIBUNAL 192
107 What is a consumer and trader dispute? 192
107A What is a small claim? 192
108 Settlement of consumer and trader disputes or small claims 193
109 Additional powers of Tribunal 194
110 Who can ask the Tribunal to resolve a consumer and trader
dispute? 197
111 Exclusion of other jurisdiction 197
112 More appropriate forum 198
112A Small claim commenced in a court 199
112B Small Claims Suspense Account 200
113 Tribunal may hear dispute regardless of related criminal
proceedings 200
113A Tribunal may order the provision of information 201
PART 10—INSPECTION POWERS 202
114 Appointment of inspectors 202
115 Inspector's identity card 203
116 Production of identity card 203
117 Inspector may seek Court order 203
118 Requirement to produce information 205
119 Entry or search with consent 206
120 Entry of premises open to the public 209
121 Emergency entry 209
121A Entry without consent or warrant 212
122 Search warrants 214
123 Announcement before entry 216
124 Details of warrant to be given to occupier 217
125 Seizure of things not mentioned in the warrant 217
126 Embargo notice 218
126A Use or seizure of electronic equipment at premises 219
126B Monitoring compliance with embargo notices 220
127 Copies of seized documents 222
128 Retention and return of seized documents or things 222
129 Magistrates' Court may extend 3 month period 223
129A Court may order destruction of dangerous goods 224
130 Taking samples 225
131 Requirement to assist inspector during entry 225
132 Refusal or failure to comply with requirement 226
133 Protection against self-incrimination 226
134 Offence to give false or misleading information 226
135 Offence to hinder or obstruct inspector 227
136 Offence to impersonate inspector 227
137 Entry to be reported to the Director 227
Section Page
ix
138 Register of exercise of powers of entry 227
139 Complaints 228
140 Service of documents 228
141 Confidentiality 228
PART 11—ENFORCEMENT AND REMEDIES 230
Division 1—General enforcement provisions 230
142 Prosecutions of offences 230
142A Who can bring proceedings for offences? 230
143 Offences by bodies corporate 231
144 Conduct by officers, employees or agents 231
Division 2—Remedies and legal proceedings 233
145 Interpretation 233
146 Undertakings 234
147 Copy of undertaking 235
148 Register of undertakings 235
149 Injunctions to restrain conduct 236
149A Injunctions to do an act or thing 237
150 Interim injunctions 239
151 Power to rescind or vary injunctions 240
151A Cease trading injunctions 240
151B Interim cease trading injunctions 241
151C Power to rescind or vary cease trading injunctions 242
152 Undertakings as to damages and costs 242
152A Powers of court if requirement of Director or inspector
not complied with 243
153 Adverse publicity orders 243
154 Orders to prohibit payment of money or transfer of other
property 244
155 Defences 247
156 Evidence 249
157 Findings in proceedings to be evidence 249
158 Orders against persons found to have contravened this Act 250
159 Actions for damages 252
160 Awards of compensation 252
Division 3—Infringement notices 253
160A Power to serve a notice 253
160B Form of notice 253
160C–160H Repealed 254
Section Page
x
PART 12—MISCELLANEOUS 255
161 Supplier to give documents 255
161A Bills and receipts 255
162 Return of replaced parts to purchaser 257
162A Public warning statements 258
163 Consumer documents to be clear 259
163A Complaints etc. are privileged 260
164 Supreme Court—limitation of jurisdiction 260
165 Regulations 260
PART 13—REPEALS, SAVINGS AND TRANSITIONAL 263
166 Repeal of Fair Trading Act 1985 263
167 Repeal of Consumer Affairs Act 1972 263
168 Repeal of Ministry of Consumer Affairs Act 1973 263
169 Repeal of Market Court Act 1978 263
170 Savings and transitional provisions 263
__________________
SCHEDULES 264
SCHEDULE 1—Consumer Acts 264
SCHEDULE 2—Contact Sales Agreements/Telephone Marketing
Agreements 266
PART 1—NOTICE TO PURCHASER 266
PART 2—CANCELLATION NOTICE 267
SCHEDULE 3—Savings and Transitional 271
1 Superseded references 271
2 Actions commenced by Director or Secretary 271
3 Inspectors 272
4 Regulations 273
5 Orders 273
6 Superseded references to Director of Fair Trading and Office
of Fair Trading and Business Affairs 273
7 Actions commenced by Director 274
8 Superseded references 274
9 Actions commenced by Director 275
10 Validation of ban orders 275
11 Continuation of existing small claims 276
13 Transitional—references to the Frustrated Contracts
Act 1959 277
═══════════════
Section Page
xi
ENDNOTES 278
1. General Information 278
2. Table of Amendments 279
3. Explanatory Details 282
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About Me
Oh Ebay, thou art a pack of cunts.
An enemy doth make of thy friends.
Lies to cover lies to cover even more lies.
When will it ever ende?
Friends
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