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First, can you explain to me how you are connecting the loss of your TRS status to the loss in sales?
Unfortunately though, when it comes to litigation, you need proof and stating that it's the only reason is not considered evidence. If you read Ebay's terms of service, they make it clear that there is no guarantee that your items will even show up on the site and that they reserve the right to suppress your listings. If your listings were still showing up on Ebay, you would have no recourse. Now, with respect to the 2 cases you had against you that put you over the limit, are you saying that you only had 2 cases in total or that you had 2 cases in February?
What was the reason for their proposed removal of the cases?
Can you please be more specific? What do you mean by "fraudulent" buyers?
Here is the link to Ebay's UK terms of service.
The only way the terms of service would NOT be enforced is if it conflicted with UK law. Since there is no law guaranteeing you TRS status, I don't see anything in the terms of agreement that would not be held enforceable. In order to hold Ebay liable for anything, you would need to prove that Ebay did something wrong as opposed to a buyer having done something wrong (i.e. by not returning a product or abusing returns).
In other words, you would have to prove that Ebay did not do what they promised to do in their terms of service in order to have legal recourse against them.
Unfortunately though, I am very familiar with Ebay's terms of service and there is nothing in there that indicates they agree to remove defects.
Now, if their terms of service said that defects are to be removed within X timeframe once Ebay has found the seller not at fault, and then they didn't follow that promise, then you would have a breach of contract case.
But in a legal matter, you would have to prove that they violated their terms of service. There is nothing in their terms of service saying that they will remove defects at all much less within a specific timeframe. It is at their discretion.
I know it's not what you want to hear and I've been working with Ebay sellers for almost 15 years and no one is ever happy when this happens - and it happens to a lot of sellers - but there is no legal recourse in this specific instance, regrettably.
The terms of service say that it is at their discretion. There is nothing in the terms of service that say they will remove defects. You had a customer service rep tell you that they would remove it but that is not legally binding. The contract would be legally binding.
I don't know what experience they have with Ebay cases but like I said, I have been dealing with Ebay for almost 15 years.
An email is not a contract, though.
A customer service rep does not have the authority to enter into a legally binding agreement with you nor do they have the legal authority to change the terms of service.
What information would you be trying to get?
No, the service rep does not have legal authority to enter into binding legal contracts. That is incorrect. They represent the company in the sense of service but not in terms of binding them to a contract.
You can do that but it won't change the fact that what you need in order to prove a case is that you need to prove that they breached a promise made to you in their terms of service.
Legally, no. It means something to the extent that you can tell Ebay that Mr. X said it would be removed within 24 hours and you can have that as proof but it's not something that you have legal recourse for. As an example, there was someone who had an Ebay account where the account was not receiving notifications and they were told by Ebay that it would be fixed. This went on for months. While it was bad practice for Ebay to never follow-up or fix the issue, it is not something that the Ebay seller could have sued for.
A promise is not a legally binding contract, regrettably.
You are free to sue Ebay if that is what you want to do and if you want to spend the time and money. However, unless you can show that they breached their promise to you in terms of their terms of service, you will have a difficult time winning.
I can only tell you what this is and it's a contract law issue and the terms of service are what are at issue. I'm sure you would not want me to make something up or lie to you. You need to show that Ebay failed in their promise to you as evidenced by their terms of service which is their contract with you, the end user.
You need to do more than show that their actions resulted in your loss. You would have to show that they failed to do something that was part of their contract with you.
The loss is the damages. You need to prove your case before you even get to damages.
Please just remember that Ebay also has the right to prevent you from selling on their platform and so you need to weight that as well.
I'm sorry to hear about the problems you had with Ebay. I hope that I was at least able to shed some light on the legal aspects. Please be so kind as to leave a rating as we only get compensated if we receive a positive rating since we are not employees of Just Answer and do not receive a salary for the time spent assisting you. Doing so allows me to continue to help others like you at such a low cost to you.
Unfortunately, no, Ebay has all of the power in the relationship.
Not sure that I would go that far.
Many large sellers have left Ebay over the years so that they could make their own rules on their own websites and sales venues and many are making more money than they ever made on Ebay.
You will that in many corporations, unfortunately. It's Ebay's platform and so they have full control over the rules and the platform and it's not always very helpful to the sellers. If Ebay is 65% of your sales, that is why I said that you may want to think about what it will mean if you do not have Ebay as a platform anymore. Better to act with logic than emotion although with Ebay, I know it's sometimes hard.
Thank you so much for allowing me to assist you this evening and I do wish you good luck and let me know if you need anything else from me.
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