EBay Revises User Agreement

EBay Revises User Agreement
In early May eBay announced changes to its user agreement, with the biggest changes focusing on the new eBay Resolutions policy, as well as the new eBay Purchase Protection policy (see “EBay Clarifies Buyer and Seller Protection Obligations”).

This past week Senior Counsel for eBay, Scott Shipman, announced that the latest revision would address obligations of buyers and sellers in transactions where a buyer has alleged 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 eBay’s prohibited and infringing items policy.
If eBay determines the buyer is not acting in good faith, eBay may restrict or eliminate the buyer’s 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.
The new user agreement is effective immediately for new members registering, and on June 14, 2009, for current members. Customers who do not agree with the user agreement are advised by eBay to close their account.