Breach of contract

[John85]

I am an eBay seller and reside in NJ, U.S.A. eBay recently made new policies changes called the defect policy. Where eBay gives defects(strikes against account) to sellers for certain situations in a transaction. Sellers can be penalized for receiving a certain amount of defects. eBay announced this policy in March 2014 but is enforcing it retroactively from August 1, 2013. I have now received several defects for transactions that occurred prior to the announcement. When they occurred they were not defects per eBay policy at that time. I will lose my top rated seller status due to this retroactive enforcement which will cost me to lose %20 discount in fees paid to eBay. Is this a breach of contract? If not is their any other law, act, doctrine, etc. governing this issue?

 

[quincy]

I am an eBay seller and reside in NJ, U.S.A. eBay recently made new policies changes called the defect policy. Where eBay gives defects(strikes against account) to sellers for certain situations in a transaction. Sellers can be penalized for receiving a certain amount of defects. eBay announced this policy in March 2014 but is enforcing it retroactively from August 1, 2013. I have now received several defects for transactions that occurred prior to the announcement. When they occurred they were not defects per eBay policy at that time. I will lose my top rated seller status due to this retroactive enforcement which will cost me to lose %20 discount in fees paid to eBay. Is this a breach of contract? If not is their any other law, act, doctrine, etc. governing this issue?

What you agreed to as an eBay seller included a clause that stated eBay could "amend this User Agreement at any time ... Your continued use of our Services constitutes your acceptance ..."

You have the ability to sell your goods elsewhere if you are unhappy with eBay policies - and many eBay sellers are threatening to do just that over the same policy change that brings you here.

 

[John85]

What you agreed to as an eBay seller included a clause that stated eBay could "amend this User Agreement at any time ... Your continued use of our Services constitutes your acceptance ..."

You have the ability to sell your goods elsewhere if you are unhappy with eBay policies - and many eBay sellers are threatening to do just that over the same policy change that brings you here.

Thank you for your response. I was well aware of the clause in the user agreement. I was just not aware that is was legal to enforce a new policy retroactively. I was under the assumption notification has to be given.

 

[quincy]

Thank you for your response. I was well aware of the clause in the user agreement. I was just not aware that is was legal to enforce a new policy retroactively. I was under the assumption notification has to be given.

My understanding is that sellers were notified by eBay in advance of the policy change. Wasn't the change announced in January? The new policy was outlined in the Spring 2014 seller update, at any rate. And the policy itself does not go into effect until August 20, 2014.