The parcel never reached Singh and, on calling the delivery firm, he discovered it had been “returned” to a different name and address that could not be disclosed. Instead the buyer said he’d return it free of charge, and then opened a dispute with eBay. When the buyer claimed it didn’t work, Singh offered to send a courier to collect it, or a prepaid shipping label. Singh, of Woodford Green, Essex, sold a brand new Microsoft Surface Pro 4 for £1,124.99. In the case of Raman Singh, a top-rated eBay trader, a tracking order was deemed sufficient proof of the buyer’s integrity, even though the parcel was returned to the address of an accomplice. It’s a system open to fraud since the tracking number doesn’t show what was in the parcel and eBay doesn’t ask. It says the complaint was originally handled “in line with eBay Money Back Guarantee guidelines” which advise buyers to provide a tracking number to show that a disputed item has been returned. However, in Barr’s case it was only when the Observer intervened that eBay revisited the case and discovered the buyer had a history of manipulating the system. The buyer since deleted his account.”Įbay claims its 1,500-strong resolution team has tools to monitor and flag up suspect behaviour. “I explained to eBay that I had been a victim of fraud, but it told me the decision was final. “What the buyer had actually done was send an envelope containing a T-shirt, so he got himself a £258 pair of trainers plus a £258 refund off me,” says Barr. The buyer declined and Barr was informed by eBay that it had refunded the £258 and the buyer had returned the goods. He asked the buyer to send photographs so he could check whether they had come to grief while in transit. Robert Barr of Hedon, Yorkshire, was told that a £258 pair of trainers he had sold were damaged. ![]() Although eBay’s own rules require buyers to send disputed items back, refunds are in many cases released before this happens – or after damaged or substitute goods have been returned. ![]() The latter has no recourse under PayPal’s seller protection scheme since this is invalidated when a buyer claims directly through eBay. However, unscrupulous buyers can ignore any contact and raise a dispute with eBay’s resolution service, which sometimes authorises a refund without any evidence from the seller being considered. Under eBay’s Money Back Guarantee, a buyer can ask eBay to intervene if their purchase doesn’t arrive or isn’t as described, and the seller doesn’t offer resolution within a week. ![]() The buyer sent back an envelope containing a T-shirt, so he got himself a £258 pair of trainers plus a £258 refund Robert Barr After The Observer intervened, eBay agreed to refund Allison, although it insists there was no evidence of fraud.Ĭritics claim the auction website’s measures to protect buyers from dodgy transactions have left sellers at the mercy of fraudsters who can manipulate the system to effectively steal goods. Not only did the buyer receive a full refund, but the seller has been left with no phone. The company had found in the buyer’s favour without asking for any evidence, according to Allison. To invoke the UDRP, a trademark owner should either (a) file a complaint in a court of proper jurisdiction against the domain name holder (or where appropriate an in-rem action concerning the domain name) or (b) in cases of abusive registration, submit a complaint to an approved dispute-resolution service provider.What had happened is an experience grimly familiar to many eBay sellers. ICANN is much less expensive than going to court, and decisions are usually made in fewer than 40 days. ICANN's work in the domain name arbitration process has been very successful. Because of this, a small percentage of domain names are currently being challenged because those behind the website have a good idea of how the arbitrators will rule. Statistics show that both organizations rule in favor of trademark holders approximately 85% of the time. Almost all of the cases heard by an arbitrator are from either the World Intellectual Property Organization (WIPO) or the National Arbitration Forum (NAF). ![]() ICANN requires that organizations that provide arbitrators publish the decisions. ICANN has handled over 50,000 disputes between owners of a domain name and holders of a trademark that is identical or similar to the domain name. In 1990, there were 8,000 domain names but by 2000 there were over a million. The domain naming system was invented in 1984 but grew rapidly starting in the mid-1990s.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |