QLD Does eBay's Authenticity guarantee program effect the exemption the website has from being regulated as an Auctioneer?

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cakeforbreakfast

Active Member
29 December 2022
10
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'My question relates to the legal status of eBay being defined as ;

“a marketplace that allows users to offer, sell, and buy goods and services in various geographic locations using a variety of pricing formats. eBay is not a party to contracts for sale between third-party sellers and buyers, nor is eBay a traditional auctioneer.” and how a specific set of circumstances may have contradicted this.

Please see below for context to my question:

  • I sell a few personal items on eBay.
  • I listed a designer bag using eBay’s buy it now feature.
  • Due to the category and the items value it was included in eBay’s authenticity guarantee program. Once an item is purchased the seller send the item to an authenticator who confirms authenticity and checks the item matches the description.
  • I received an offer for my listing and after some negation, a price was agreed to and the buyer agreed to purchase the item.
  • The terms were set as per the listing.
  • I then shipped the item to the authenticator and waited patiently for the payment to clear.
  • The following day the buyer contacted me and began to accuse me of sending a damaged item and she wanted a discount.
  • At first, I was confused by the situation and thought the buyer was trying to scam me but after listening to her she told me eBay contacted her and told her the item is not as described and that she should either request a return or a significant discount.
  • I contacted eBay who was no help at all however they did confirm the buyer's story.
  • I won’t go into detail about the description however I dispute the fact it was not accurately described.

So in the end I am left with the item to sell again and out of pocket for the shipping expense. I'm quite frustrated over the matter as I felt that the minor detail eBay raised with the description was not a valid reason to reject it from passing as I provided high-resolution images of the bag and it should have been sent to the buyer. Rather than telling the buyer there is an issue and devaluing the item as it is not the role they are supposed play. Of course, when the authenticator calls the buyer and mentions an issue and the value is less than agreed to the buyer will not want to accept the item and cancel the sale unless new terms are agreed to.

Now back to my original questions;

  1. Is eBay a party to contracts for the sale of goods?
  2. Is eBay an auctioneer?
  3. If eBay is an auctioneer do they not have an obligation to perform their duty in the best interest of the vendor?
Thank you for taking the time to share your knowledge on the subject.