Is this legal?

GiantFan

Bench Warmer
So, I'm looking on ebay to purchase a second controller for my PS3. I decided I needed to read the descriptions since there seems to be a ton of weird stuff going on with gaming items on ebay. This was some sort of contract type wording in the description. So, if you click the BIN you are "forfeiting your right to a Paypal claim"??? I bet most people don't even read this when they purchase an item....

Terms Of The Auction:

By bidding on this auction or purchasing this using buy it now, you the buyer agree to have read the complete auction and agree with all of the information listed. In the event of a DOA shipment mistake on my part, I ,the seller, will decide what needs to be done about the situation. In the event of DOA, the seller must be notified with 24 hours of date received. The buyer would be responsible for return shipping. Also the buyer agrees to forfeit his/her rights to a credit card charge back or any type of Paypal claim. This is due to much fraud in the Paypal claim system.

Some items are opened to check their functionality or to make sure all accesories are there, this does not mean however that they are not new. All items are brand new unless stated in the description. You will find any used descriptions near the start of the description.

In the event the buyer is still not satisfied with the item I can accept a return but a restocking fee of 15% will be applied to the final bid price. Shipping and handling charges are not refundable. Failure to read the description is not adequate reason for a full refund. Any returned item has to be in its original condition or a 30% damaged return item fee will be applied. significantly damaged items will not be accepted for return.

If you can comply with all the information listed above the please feel free to place a bid on this auction; however, upon bidding without reading you have already agreed to this statement and will not leave negative feedback for not reading all information contained in the auction.
 
never had issues with it before so i wonder why its in their.

Wait reread it. That is the sellers terms. Well it doesnt matter if you purchase and item and for some reason need to file a claim they have NO recorse to say well it said such and such in my auction. they are SOL.
 
DOA? Dead on Arrival?

and it is against ebay TOS, you are entitled to leave whatever feedback you choose, and paypal is insurance to protect the buyer...my guess is if he is having problems he is selling junk...id buy the item, then file paypal claims and leave negative and 4 1's :rambo:
 
His personal disclaimers are meaningless. By listing his item with eBay he has already agreed to abide by their terms of sale and anything he tries to cover his butt with in his listing is void. Lots of seller put in the "I am not liable for cards lost by the postal service", etc. but utlimately they are and no disclaimer can absolve them of eBay's terms.
 
So, it's a bunch of crap then? You are not bound by any of that other than the standard ebay and paypal terms and conditions. Correct?
 
So, it's a bunch of crap then? You are not bound by any of that other than the standard ebay and paypal terms and conditions. Correct?

as far as i know, at least outside of 'returns' either because either the seller allows them or they dont, and even then i think paypal will make you pay
 
His personal disclaimers are meaningless. By listing his item with eBay he has already agreed to abide by their terms of sale and anything he tries to cover his butt with in his listing is void. Lots of seller put in the "I am not liable for cards lost by the postal service", etc. but utlimately they are and no disclaimer can absolve them of eBay's terms.

This.
 
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