No subject
Sat Sep 25 01:58:40 PDT 2010
Usually it is the consumer who has to be protected against unilateral conditions set by corporations (sellers).
This is why most anywhere in Europe online sales are not binding by law (including eBay sales, of course).
The reason being that the consumer has no possibility to inspect the item he wants to purchase.
In Germany and many other EU countries a buyer may return an online or phone purchase for any reason within
30 days for a full refund (including return shipping on items priced over 40 euros). Or he may cancel online or
phone order within 30 days.
In France any online sale is not legally binding from the start - neither for buyers, nor sellers (slight difference
in post-Napoleonic law). So, a seller may not even sell to the high bidder.
Bear this fact in mind when you bid on 78s on European eBay sites, because eBay complies with these laws.
In this Robert Johnson case, if it's a non-paying bidder that a U.S. seller has to be protected from, then the seller
can reclaim his fees anyway. Incurred damage: zero, except for time spent on auction management.
eBay has well understood these issues. This is why they protect the buyers.
These European consumer protection laws will get to the U.S. anyway one day. Maybe with a 40 years lag, like
environment protection regulations.
Benno
(ex-member of eBay/PayPal's user advisory board)
More information about the 78-L
mailing list