eBay

Excellent condition brand new and sealed

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*** Disclaimer ***

We reserve the right to cancel and or deny service and or goods at anytime for any reason. We reserve the right to end and or cancel listings at anytime for any reason without prior notice. We reserve the right to cancel and or stop delivery of any package or shipment at anytime for any reason. By bidding on our auction listing or by using the buy it now feature to purchase a product. You agree to the terms and conditions set forth on the published listing. Terms and conditions are subject to change at anytime without prior notice. Current Terms and Conditions govern ALL transactions past, present, and future.

*** Payments ***

Payment on “Auction Style” listing is DUE within the first 48hrs immediately following the end of the applicable listing. Non paying bidders and or buyers WILL NOT be tolerated. Winning buyers are expected to pay within 48hrs after the end of the listing or after agreeing to a best offer price. “Buy it Now” listing feature requires immediate payment . We do not hold items more than 48hrs. After 48hrs and no payment has been received, the buyers claim to the item will be FORFEITED and thus null and void, the transaction will be cancelled and the item will be relisted. A unpaid item dispute case will be filed against the buyer in order to recover listing and selling fees. Any payment received during the dispute will be promptly refunded. If deemed applicable the buyer will be placed on a block list and deferred from any of our current and or future listings. There are NO exceptions!

*** Cancellations ***

Under no circumstances will either “Auction style” or “Buy it Now” style listings will be canceled. All sales are final and items will be promptly shipped. Any and all general cancellation requests will be denied. It is at our discretion of which if any special circumstances may require a cancellation to be approved. eBay has no authorization to cancel a sale without the sellers consent.

*** Shipping and Delivery ***

After receiving payment, your item will be promptly packaged and shipped, a tracking number will be provided. A delivery date will be provided by eBay, please understand this is a estimate. Due to recent false allegations from previous buyers, a “Signature Required “ will be placed on larger and or more expensive items. Please allow up to 2 business days for processing and handling. If the payment is received on a weekend or holiday the item will be immediately shipped on the following business day. It is common practice that In order to reduce costs, some larger items may be shipped in their original packaging without reboxing. If the buyer reships any of our items from the original delivery destination to another location, the buyer hereby releases the seller from any and all liabilities and or claims.

Delivery times provided by eBay are generally a ESTIMATE only and are subject to change at anytime without notice. Please allow sufficient time for your item to be delivered, delays can and will happen. We are not responsible for outside influences such as weather, traffic, vehicle breakdown etc etc that may effect shipping schedules. If a “item not received “ dispute is filed on or before the delivery date while the item is in transit, you will be reported for abuse of the Buyer Protection Program as this will be considered suspicious activity in a attempt to commit fraud. We have absolutely no control over shipping times and or method of transportation or even delays. If REASONABLE time has passed beyond the delivery date (generally 7 days) and you still have not received your item, contact us immediately. If we cannot rectify the situation, we will gladly refund your payment if necessary. We in fact do monitor all deliveries. There is no need for a dispute.

WARNING - if we feel that there may be suspicious activity, an attempt of fraudulent claim or possible theft. We reserve the right to cancel the transaction and or delivery at any time. If the item has already been shipped, We can and will issue a “Stop Delivery “ and a order to INTERCEPT the package and have it returned back to the sender at the buyers expense . Any payment made will be promptly refunded less the cost and fees of recovering the item, and of course the buyer and eBay (if applicable) will be reported to the proper authorities. Legal action can and will be pursued if applicable. We reserve the right to be vigilant in protecting our merchandise, our assets and intellectual property.

*** International Shipping ***

There is no international shipping, so please do not ask. We are not part of the International shipping program. Shipping is continental U.S. only! If you bid on our listing or use the buy it now feature and are outside the US, your bid and or order will be immediately cancelled. If you reship any of our items within the inside or outside of the continental U.S. you hereby release the sellers of any and all liabilities and or claims.

*** warranty’s ***

Absolutely no warranty is implied for any item. New and sealed items are covered under manufacturers warranty only. Any and all applicable serial numbers are recorded for security purposes and will only be given to the buyer. All used items are tested for full functionality and are described to the best of our knowledge.

*** Return Policy ***

All sales are final, there are no returns unless specifically stated in the published listing. All items are sold as-is, as described, as pictured, on a what you see is what you get bases. If there is an issue with a product notify us immediately within the first 48hrs of delivery and it will be handled on a case by case bases. After 48hrs you agree that the item is in proper working order and satisfactory condition and that any claim will be null and void. Unauthorized returns will be denied. We reserve the right to deny merchandise returns and or refund payments at anytime for any reason. eBay DOES NOT have any authority to overrule a decision we make in denying a refund. Buyer is responsible for any and all return shipping costs on a return unless prior approval has been issued by the seller. Due to recent false allegations buy previous buyers, false claims in a attempt to return an item will be reported to EBay as fraud and ABUSE of the Buyer Protection Program. If applicable, the proper authorities will be notified and further legal action will be taken.

EBay/PayPal DOES NOT have any authority whatsoever to overrule any decision we make regarding a refund. If eBay/PayPal forces a refund back to the buyer without the sellers consent with knowledge that the buyer is either receiving or has received the merchandise and now the buyer has both payment refunded and the merchandise, and or buyer has not properly returned the merchandise if requested, it will be considered an act of theft. The proper authorities will be notified and Legal action towards eBay and the buyer will be pursued.

Unauthorized returns and or refunds forced back on to the seller without the sellers consent will be considered a falsified return and a attempt to defraud the seller. The proper authorities will be notified and if applicable, legal action will be pursued against the buyer and eBay to recover but not limited to monies taken, legal fees, loss of sale, cost of merchandise, selling and listing fees, shipping fees, travel and lodging costs and or any applicable punitive damages.

*** Feedback ***

Feedback is a valuable tool for buyers to reflect their experience with others. We always appreciate the great positive feedback from our customers. Negative feedback is only to be used as a final reference of the transaction. If you feel it necessary to leave negative feedback please state facts only. If negative feedback is left simply because you do not agree with or have violated one or more of our policies. You will be reported to eBay for misusing the program and eBay will be asked to remove it. Derogatory remarks and false accusations can be grounds for legal action for defamation of character. Be very careful when leaving negative feedback. Be honest and to the point.

*** Declaration ***

As per eBays sellers policies, these terms and conditions have been duly posted and are in effect until further notice. The current Terms and Conditions stated govern ALL transactions past, present, and future. We hereby declare eBay/PayPal DOES NOT have any executive order or permission whatsoever to override these terms and conditions and or to make decisions on our behalf without our consent. We hereby declare eBay/PayPal does not have any authority to make any financial decisions and or transactions on our behalf without our consent. EBay/PayPal does not have any authoritative permission to cancel any transaction without the sellers consent.

*** Agreement ***

Agreement of the Terms and Conditions as described is declared by all parties including but not limited to; buyer (person or entity making a purchase either by using the bidding process or buy it now feature), seller (person and or entity promising delivery of said goods in exchange for said payment as described in the listing), Host (person and or entity publishing the said listing thru electronic means and allowing it to be acted on to its expired time or completion according to its terms and conditions). Financial institution (person and or entity processing and or collection of electronic payment received from buyer and transferred to said seller for exchange of said merchandise thru terms and conditions of said listing)

As Always;

Thank you for your business

No part of this listing may be copied and or duplicated in part or whole without prior express permission.

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*** May this be a Warning to all ***

*** This can And will happen ***

When Buyers Steal File a Police Report & Sue them in Small Claims Court

Aug 14, 2014 10:06:13 AM

If you don't have your product and eBay has given the money back to the person who has it. File a police report against ebay and the Buyer. You can also file a small claim suit remotely. You can do it over the phone and fax. Just do it in the county in which they live. I’ve done this for a sale through my website, where the buyer convince his Credit Card company to give him his money back and he kept a $800 piece of art. I got my money back, plus $500 damages from the buyer. The guy’s defense was that Visa, said it was OK. Well folks it’s NOT legal or enforceable to steal. You just have to pic-off the people that try to do and punish them.

Once the word gets out that Buyers are being sued, I suspect things might chance. I say might.

It doesn’t matter what terms eBay forces on you, if it's against the law then it's unenforceable and you can sue for damages. You can’t sign an agreement to legalize stealing. This is all going to take effort, which I suspect most people won’t do. But I’m sure the bad publicity of such a sensational act would not be good for ebay. But I’ve said that before and been wrong.

The ebay user agreement update has language that forces disputes to go to arbitration. But that can’t pertain to the buyer. Attack the most vulnerable spot------- the all might Buyer. When sellers are suing buyers, do you think ebay would attrack NEW Buyers? I doubt it. Kinda fun to think about.

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*** Something else to think about - eBay biased towards buyers and discriminates against sellers ***

Wednesday, August 13, 2014

SAN FRANCISCO (CN) - EBay must face claims that its policies are unfairly biased against sellers and allow dishonest buyers to defraud them, a federal judge ruled.

Lead plaintiff Maggie Campbell hopes to represent a class of sellers suing eBay and its wholly owned payment processor, PayPal on the grounds that the companies' buyer-is-always-right policy exposes sellers to fraud.

In her October 2012 complaint, Campbell, who says she uses eBay to sell bicycles and related parts, claims the site allows buyers who dispute a transaction to keep the items they purchased and gives them a refund through either eBay or PayPal.

Not only does this policy deprive sellers of their goods and profits, she says, eBay also refuses to refund sellers the listing fees for disputed items.

In its motion to dismiss, eBay claimed the class lacked standing and did not support their case with enough facts.

U.S. District Judge Yvonne Gonzalez Rogers agreed and dismissed the complaint in September 2013 with leave to amend, directing Campbell to address "the nature of the restrictions that are the basis for her complaint and why those restrictions are not part of the agreement she acceded to as part of her user agreement."

Campbell filed a third amended complaint for seven causes of action, including breach of contract, unfair business practices, fraud, and breach of fiduciary duty against PayPal only.

EBay again sought dismissal for failure to make viable claims and lack of standing, arguing that its "contracts with her allow all the conduct alleged."

Rogers's ruling on Monday was a mixed bag, offering both parties some relief while ultimately denying eBay's motion to dismiss.

Since Campbell did not oppose eBay's argument that her invasion of privacy claims against it were insufficient, and conceded that her claims for fraud and interference with contract should be dismissed outright, Rogers granted eBay's motions to dismiss those claims.

Rogers ruled that Campbell's breach of contract claims against PayPal were not sufficiently alleged.

Campbell argued that PayPal wrongfully refuses to force buyers to return items to sellers if the buyers say the item arrived "significantly not as described."

For example, she says, she sold $300 worth of bicycle parts to a man in Tennessee who got to keep the items and was refunded his money after he complained that he had "not authorized payment" for them.

Rogers was not convinced.

"The TAC [third amended complaint] itself does not allege which portions of the agreement were breached on account of the alleged conduct," she wrote. "Moreover, the sections cited by plaintiff in opposition only undermine her claim, as they demonstrate that sellers like plaintiff agreed to these terms. ... Thus, the PayPal agreement itself notified sellers that PayPal may require them to refund sales proceeds without requiring the buyer to return the item sold. In order to state a claim for breach of contract, plaintiff would have to plead these provisions in the PayPal agreement."

Campbell found more relief with her related claims against eBay.

She argued that eBay wrongfully refuses to credit final value fees back to sellers when sales are rescinded, in breach of its buyer protection policy; did not allow PayPal to accept money from potential international buyers on several occasions; and unfairly sides with "dishonest, deceptive" buyers during disputes rather than investigating each matter to determine who is right.

In opposition, eBay argued that the buyer protection policy allows it to settle disputes any way it chooses, and claimed that Campbell signed an agreement that lets it limit acceptable payment methods, including international transactions.

Rogers sided with Campbell on this one, stating that eBay's "arguments miss the point of the allegations."

"Though the TAC is not a model of clarity, it states eBay's alleged unfair conduct in the exercise of its discretion under its agreements with plaintiff and others. While the court agrees that the implied covenant of good faith and fair dealing does not 'prohibit a party from doing that which is expressly permitted by an agreement,' it does prohibit a party vested with discretion from exercising that discretion in a manner that is 'contrary to the contract's purposes and the parties' legitimate expectations," the ruling states, citing the 4th Circuit's decision in Carma Developers Inc. v. Marathon Development California Inc.

Rogers dismissed all of Campbell's fiduciary duty allegations against PayPal for failure to make a claim except her argument that PayPal arbitrarily put holds on her and other sellers' funds.

Though sellers' user agreements with PayPal say it can put holds on funds during disputes with buyers or with risky sales, it cannot simply use its discretion to place holds on funds at random, according to the complaint.

Campbell also prevailed on many of her claims that eBay intentionally interfered with sellers' contracts.

Though Rogers agreed with eBay that Campbell cannot complain about her inability to enforce a "no returns allowed" term of sale after she signed the site's dispute resolution policy, it must face claims that it is unfairly biased against sellers in dispute resolution proceedings and refuses to let PayPal process international payments, the ruling states.

Rogers dismissed Campbell's arguments that eBay arbitrarily forces sellers to add shipping costs to sale prices, arbitrarily changed the way it determines "tup-roted-sullers" to make gaining that distinction functionally impossible, and putting allegedly unfair restrictions on sellers' user accounts.

However, she allowed the unfair competition claims that focused on arbitrary use of discretion to move forward, including PayPal's alleged use of arbitrary holds and eBay's "buyer-is-always-right" policy.

A final, fourth amended complaint that alleges only the surviving claims is due within fourteen days of the order, and eBay and PayPal have fourteen days to respond. A case management conference is set for Oct. 27.

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*** note ***

The above mentioned 2 articles were sourced directly from eBays own community forum and are available as public information. More and more articles can be posted here but are also Available on the forum. Please help share the information to help make others aware that eBay has a reputation of being sued by sellers for biased and discriminatory actions which in turn opens the doorway for dishonest online buyers to commit fraud and steal from sellers on a regular bases in which eBay takes no action unless forced to do so.

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Coming soon! “The wall of shame” read about our personal experiences with dishonest buyers and how eBay will steal from sellers!