advertisement


F'ing ebay tossers

G

Guest432

Guest
I recently sold an early Roksan Tabriz arm on ebay to a german who then filed a case on the german ebay site saying it was fake. Roksan have confirmed they did make some early arms without badges and if he sends it to them they will test and provide a certificate of authenticity. Ebay germany found in the buyers favour have now refunded him, frozen my ebay account and said he can also keep the arm. The buyer said he was happy with thearm but just wasn't sure if it was made by Roksan. He now gets a free tonearm and I'm out of pocket by £350, ebay have also said there is no appeal process!!!

What the fvck!!!!
 
How do they have the right to say he can keep the arm?
Have you asked for it back?
 
Can't get it back to them, I have an email from Tufan Hashemi who founded Roksan saying he remembered them without badges but ebay have said the buyer can keep it and he's not responding to email now. I checked with CAB and can't take ebay to the small claims court as he filed the case with ebay.de
 
Ebay said because it is fake the buyer must keep it as it can't go back into circulation

Spoke to ebay uk about raising a case with the person I bought it from but it was over 45 days ago and they won't help with that now either.
 
If there is a dispute regarding it being authentic which you can challenge with backup from Roksan (a statement that they made early unbadged versions), then I can't see how he can keep the arm AND have a refund. One or the other, surely.
The buyer should have the option of either giving you the arm back, or proving a report from Roksan after examination to say it's a fake.
Your next move is a small claim against eBay for losses due to a conclusion that they cannot prove.

Edit: I see you've now answered these as I was typing.
The fact remains that their conclusion of it being a fake is incorrect. On what grounds do they base their findings? Disprove it.
 
Counterfeiter goods should be seized by the police , but I see no reason why the person should be allowed to keep it . EBay's terms and conditions do not trump the law .

It would appear that ebay have no evidence to proclaim it a fake item , I would sue them in the small claims court .

Also , its a generic tonearm is it not ? Suppose you named it as roksan in error , that would not mean it was a counterfeight good , it would simply mean you got the manufacturer wrong .

if you decide to go the smalls claim route I would be happy to assist you , as regrettably you aint gonna get any legal advise for a £350 dispute .
 
small claims are for England and wales only I can't take one out against ebay.de
 
That's absolutely shite and eBay have no right, they are not judge and jury and have no evidence that the arm is fake. I'd try trading standards to see if they can help.

As far as I can see eBay owe you a tonearm or £350 as they have effectively stolen your tonearm.
 
Hang on;
I had a dispute with a seller (item I bought didn't arrive) and I went to file a dispute. I found that as the item was listed in USA, I had to raise the dispute with the USA site.
If you sold on eBay UK, how can the buyer raise a dispute on the German site? The German factor is nothing to do with you because your dealings are to eBay UK.
 
I've tried ebay UK several times but they won't help as the claim was made through ebay.de. I have called ebay.de but they keep promising to get an English speaker to call me back but never do.
 
Also for legal reasons you may need to name the buyer in any claim as 2nd defendant , you may wish to politely contact the buyer and explain the situation to him and see if he will send it you back . its a long way from Germany to a local England and wales county court;)
 
thebiglebowski said:
small claims are for England and wales only I can't take one out against ebay.de
Click to expand...

laguano convention , substituted service and service out of jurisdiction . These are arguments normally used in multimillion pound disputes to keep the matter in England but there is no reason why an angry citizen who as been wronged and as time on his hands can not use them ;)
 
Rasher said:
Hang on;
I had a dispute with a seller (item I bought didn't arrive) and I went to file a dispute. I found that as the item was listed in USA, I had to raise the dispute with the USA site.
If you sold on eBay UK, how can the buyer raise a dispute on the German site?
Click to expand...

That was my argument, they said because it was an international sale it would get filed in the buyers country. I tried arguing that the listing was ebay uk and my account is with ebay uk but after several escalations and different managers just got the same answer.

When I complained that the case redirected me to ebay.de where the case was only in german and I couldn't understand any of it they told me to use a translator.
 
Paul

You ain't much of a lawyer.

Under international law, the law of the buyer takes precedence over the law of the seller, so UK law means nothing. Everything has to be conducted in the land of the buyer and by the courts of the buyers land.

He cannot sue ebay because they are acting as an international broker and are not taking part in the transaction. They have broken no law. Mr biglebowski sold and the buyer bought, all ebay did was to facilitate. The selling was done by Mr biglebowski and the buyer agreed a price and did the deal without any input from ebay other than brokerage.

The only thing Mr biglebowski can do is literally drive over, very politely knock on the buyers door and politely ask him to return the arm. If the buyer says no, the Mr biglebowski is stuffed.

Selling and buying abroad is ultra risky and this episode proves that.

Never sell abroad unless you have the wherewithal to take court action in a foreign land.

Mick
 
And your even worse .

Ebay is a multinational company - Give me £5000 and I will have this matter before and England and wales district judge in 6 months . If not you may wish to read up on the issues detailed in post 16.
 
You must log in or register to reply here.


advertisement


Back
Top