Sports memorabilia collectors who buy on eBay and wind up with a non-genuine item have a little more protection after the auction giant announced changes to the user agreement late last week. According to senior legal counsel Scott Shipman, the revision will address the obligations of both buyers and sellers in transactions where a buyer thinks he’s in receipt of a counterfeit item.
Under the revised agreement:
# Buyers and sellers shall work in good faith during the resolution process to determine that the item is not counterfeit.
# If buyer and seller cannot determine that the item is not counterfeit, buyers are required to send the item back to the seller. Cost of return shipping will be paid by the buyer or eBay, unless both buyer and seller have agreed otherwise.
# Covered claims that meet the conditions and are not excluded will count as a violation by the seller of our prohibited and infringing items policy.
# If eBay determines the buyer is not acting in good faith, eBay may restrict or eliminate their ability to return items or make future claims.
# Sellers shall not list, advertise, or cause that item to appear for sale, barter or trade, on any eBay Inc. web site or service.
These revisions to the user agreement are being made to:
# Provide sellers protections against inaccurate counterfeit claims.
# Provide buyers assurances about the authenticity of the item received.
# Maintain integrity of the eBay marketplace.
The new User Agreement is effective immediately for new members and on June 14, 2009, for current members.
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