Question

In an essay, answer the following questions: Describe what criteria must be present to constitute a legal and binding sales contract. Briefly summarize the uniform commercial code and if it applies in this scenario. Explain if any criminal laws have been violated as it relates to cyber laws. Develop and explain your legal strategy to gain a refund of your money. What rights do you have with your bank, eBay, and PayPal?

You and your family have recently closed on the purchase of your first home and you are excited. You are in need of furniture and appliances for your new home. You have decided to purchase some of the items from eBay and have found a dining room set and living room furniture from a private seller on eBay’s website. You look at the pictures on the website and notify the seller through email that you would like to purchase these items. The seller responds and asks you if you have any more questions about the furniture and agrees to sell you these items. You pay for the furniture with your bank debit card via PayPal’s website electronically. The seller then has the items shipped to you at your new home. When the furniture arrives, you discover that the sofa is severely damaged on the backside and you contact the seller for a refund. The seller refuses to refund your money and states that the items were sold as is. What recourse, if any, do you have?

Answer 1

CRITERIA TO CONSTITUTE A LEGAL AND BINDING SALES CONTRACT :  

* offer and acceptance : in which seller must agree to sell and buyer myst agree to accept it (mutual Assent )

* agreement must be legal : means there wouldn't be any sale agreement to sell cocaine in us, or wherever it's banned .

* Understanding : Both parties must understand the agreement and what is involved .

Consideration: its a benefit that each party gets of doing agree ment ..  is usually money, but it could be a promise to do something the buyer is not legally obligated to do.

Other provisions : The contract should have the effective date, along with the date the purchased items must be delivered.  

for eg . if  if a payment is late, the buyer could be subject to an interest charge.

..

eBay Buyer Protection Program

* that eBay will take part in disputes between buyers and sellers to solve issues when the seller has failed to act adequately to resolve the dispute. ......or ...

Issued a refund from eBay directly for the full purchase price and shipping amount
* Required to return the unsatisfactory item to the seller
Absolved of any further connection with the transaction or obligation to the seller
*In rare cases, the buyer may not be required to return the item to the seller but will still receive a refund.

*After a decision in a buyer's favor, eBay takes responsibility for recovering funds from seller as the buyer has already been compensated by eBay itself .