How to I get Ebay (website) into an English court (as a defendant)?
System of Law: England-and-Wales
I put Ebay UK Ltd down as a Defendant in summons. But their first point of defense was that there is no contract between Ebay UK and the Ebay avered to Ebay Europe S.a.r.l. Luxembourg as the operators of "ebay.co.uk".
However is I make an application to include Ebay Europe I expect the court will simply state out of jurisdiction?
HiThank you for your question and welcome back to Just Answer.Normally if you want to bring a party outside of this jurisdiction to proceedings you need to make a part 6 application under the CPR, which is permission to serve out of jurisdiction.Can you tell me a bit more about the claim?Kind regardsAJ
Good Morning,While I work through this part 6,Ebay provide a refund warranty if goods are not as described. The seller described the goods as "brand new" in the sale so I did not bother inspecting at collection. The seller now deems the goods as agreed and Ebay says I should have noticed the item was not as described.So I want to get them both into court to explain themselves.What section of the part 6 am I looking at for a company in Luxebourg, is there a standard form?SA
HiThank you.I just need to check it but I believe the process is detailed in practice direction 6b.Did you take delivery of the goods and then make the warranty claim out of time?Kind regardsAJ
HiI can confirm it a practice direction 6B of the CPR.Are you seeking a refund of the goods from EBay directly?Kind regardsAJ
Hi again,I've cited the seller too; and was hoping the judge would order Ebay to recoup the money from the seller?So essentially the cash will come from the seller but I wanted to cite Ebay too to enforce the distance selling regulations but they did not cooperate!Are you saying its a waste of time even citing Ebay and go streight for the seller?SA
HiThank you.Can you let me know from ebays terms and conditions which eBay entity gave you the warranty? Presumably it must have been the English ebay t and c s you signed?ThanksAJ
Hi again,Ebay's Buyer protection is a subtitle in the following link: "http://pages.ebay.co.uk/help/policies/user-agreement.html?rt=nc".At the 4th para of the subsection it says "buyers and sellers permit us to make a final decision, in our sole discretion, on any claim".I've challenged that under the fair contracts act as it is too unilateral and users can expect arbitration to be in terms of the statutory law and in particular the Distance Selling legislation.It seems the the T&C's are in fact on a site authored from Luxembourg.SA
Hi Thank you.Was the seller from the UK? Have EBay disclosed the name of the seller to you?I m just going to read the terms and conditions and will get back to you ASAP.Kind regardsAJ
Hi I am just reading the terms and conditions now. Did you only realise the goods did not match their description when you took delivery of them?I am going to a meeting this morning and will be back this afternoon.I look forward to hearing from you.Kind regardsAJ
HiThank you. I am happy to continue the thread until you are satisfied.What is the value of the goods? Do you have a written confirmation of the repairs and a copy of the original advert on eBay?You may be best making claims under S13 and s14 of the Sale of Goods Act 1979. A breach of the implied term that goods should be fit for their purpose and of satisfactory quality and failure of the good to meet its description. Technically you should be allow to reject the goods if they have defects upon "reasonable inspection". The back of a car is not reasonable inspection.I look forward to hearing from you.Kind regardsAJP.S I am on the iPad at the moment so apologies for any typos sometimes autocorrect gets the better of me.
LLB, LPC, DELF
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