3 ms·

The reason I said that isn't entirely because of the TOS but also because of the cost and logistics. Various courts could potentially decide that such clause is

• westicle 15y ago
  In any event, even if the clause is legal you can challenge the decision to declare the item counterfeit. If the court finds that the decision was procedurally deficient or unreasonable it can be overturned.
  • anigbrowl 15y ago
    A great deal depends on what kind of representations the seller made to potential buyers. I think it's significant that the story does not include a link to the original auction/for-sale listing, or copies of the correspondence between buyer and seller. There's no mention of seller offering to refund buyer's purchase price or what kind of dealings they had, leading me to suspect (though not conclude) that the two parties to the transaction had fallen into dispute. It's possible that the buyer just got cold feet and unilaterally invoked his/her option to get a refund, but that would seem rather unusual. I've had a few eBay transactions over the years that were mildly scary (large sum paid out, radio silence from the other side for more than a day), but they're almost always just normal communication problems that are quickly resolved.