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EBay Its Sellers Don

Posted by Geneva | Posted in News | Posted on 28-05-2017

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Price truth and clarity of the price-insensitive often on eBay “In an advertisement for goods price comparison lists a price shipping cost added to the purchase price may be not only mentioned on the own Internet page of the advertiser which can be accessed by clicking on the figure of goods or product name.” This is a guiding principle in a recent decision of the Federal Court (I ZR 140 / 07, July 16, 2009). The BGH refers to the principles of price truth and price clarity in it. Already at 09.11.2009 wrote Prof. Dr. Thomas hearing, Chair of information law and legal informatics in Munster and judge of the OLG Dusseldorf, in the beck-blog a column: “Ebay forcing its sellers to fraud”. The eBay business condition introduced some months ago, that eBay sellers need to send certain goods, such as computer games, free was the subject of the listen column.

An eBay purchase from hearing told the seller still shipping of hearing; Reason: the offer is eBay shipping costs automatically to zero, what the provider can not change, although he would like to calculate you shipping costs; These are called then in the item description and requested by the buyer. Hear is right that this approach of the seller’s cheating. Hear right, has however not that eBay is forcing to commit fraud. No one is forced to sell, even in the face of all other sales and auction facilities, online and offline at eBay. But even if it “must” be because eBay: You can his article even under the condition of “just picking up” to the above (minimum) price offered; in the case you can the interested party to tell also, that a shipment is still possible for an additional fee. And you can increase the initial price directly to the shipping costs. Eventually anyway, is: who is not ready to act, according to the terms and conditions established by eBay may there just don’t offer. However, some defend this clear scam, and still occasionally found a statement in item descriptions to “Free shipping” despite shipping – Express.

Thus the price search at article sorting is n.b. “price + shipping” falsified. Who endorses this shipping scams on eBay, or even operates, is not only immoral, but should also consider what has expressed the BGH price truth and price clarity. And who really wants that price search – results falsified the shipping cost -? The designs of Thomas and Court Prof. Dr. Thomas hearing of the alleged “coercion to commit fraud” give therefore to think – but in terms of the quality of jurisprudence and case-law in Germany. Finally: How do you get in such eBay fraud? As long as such cases not really dissuasive form be punished, operated the fraud probably continue uninhibited. After all, you can contact eBay: on the article page, there is always a link “Report offer”. If many consistently use this option, is perhaps consistently against eBay proceed in this scam. Fr. Rolf Hermann Lingen

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