Terms and Conditions are very important for all businesses, and particular care must be taken both when drafting them, using them, and having your staff comply with them. For example, the disclaimers of liability on the eBay site include a limitation for eBay not to have to pay any damages or losses for a range of various issues, including “ a suspension or other action taken with respect to your accounts” It also excludes any liability for eBay’s decision to end or remove your listing, and a very detailed limitation that in any event, if eBay are found liable, that their liability to the claimant or any third party would be limited to the greater of any amount due under the buyer protection policy, the amount of the fees dispute not to exceed the total amount paid in the previous twelve months, or $100.
Interestingly, eBay try and apply the laws of the State of Utah to the agreement, and bind claimants to arbitration under the American Arbitration Association rules. All in all, it is set to make life as difficult as possible for anybody who wants to bring a claim against eBay. However, that was overturned last week when Cristiano Ronaldo, the Real Madrid footballer, put his crashed Ferrari up for sale. The bidding reached £125,000 before eBay decided to suspend the auction, apparently having doubts about the authenticity of the sale item. Needless to say, Mr. Ronaldo immediately contacted his lawyers who instigated correspondence, and eBay have agreed to pay the footballer £20,000 in compensation.
The Ferrari is back up for sale, should you be interested in acquiring same!