Breaches of contract on eBay can be dealt with in the most productive manner possible, but there are times when eBay fails many individuals in dealing with nonproductive sellers and buyers. The breach of contract must be mirrored more than once for any action to be taken against a buyer or seller in order for eBay to act.
As a Buyer
If you have found a seller who has taken your money and refused to send the item or one who refuses to sell the item you have won on eBay, you have two course of actions. First you can file a NPS claim with eBay. The claim states that the seller has refused to send you an item you have paid for or is acting in an unproductive manner and is in breach of contract. Every time a listing is posted the seller enters into a contract to sell that item. If he does not, they are in breach of contract and eBay must handle the situation.
As a Seller
As a seller, a buyer who refuses to pay for an item he or she won is in breach of contract. Before a buyer bids they are informed that they are bound to paying for the item in question. If they do not the eBay seller has the right to lodge a formal complaint with eBay regarding the buyer and recoup their selling fees. Beyond that there is little that can be done regarding a buyer who refuses to pay for an item.
Recouping Lost Money
If you are dealing with a seller who refuses to send you a product you can lodge a complaint against them with Paypal after 21 days, if you have paid via Paypal. Paypal will investigate the situation and attempt to get your money back to you, if the user has funds available in their account. When dealing with fraudulent sellers Paypal will hold the complaint for months without recouping funds. Under the law you can take the seller to small claims court if you can prove that the item was never sent or received and there has been no communication regarding it.
Better Business Bureau
If you have bought an item from a store that also operates on eBay and you have not received your order or have been denied the item even after winning the auction, you can file a complaint with the Better Business Bureau (BBB), but the likelihood of anything coming of it is slim. The BBB will keep the complaint on file.
Legality
Because Internet sales are relatively new and eBay has ways of dealing with breaches of contract, there is little legality to protect the sellers and buyers. For high-ticket items, it is best to shop elsewhere because laws covering actual stores is much more strict. Laws covering eBay remain relatively murky.
