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PayPal compels the destruction of a historic violin

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Neil McGowan
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« on: January 05, 2012, 10:14:59 am »

A story of philistine imbecility to brighten your New Year :(
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ahinton
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« Reply #1 on: January 05, 2012, 10:47:32 am »

"Philistine imbecility" indeed - but I wonder if it might not be worse even that just that? The clause in PayPal's Terms & Conditions to which the article refers sounds to me to be possibly suspect from a legal standpoint, certainly in some countries. It is entirely beyond me to figure out how that destruction and proof thereof could be the only way in practice that a refund might be merited and I've certainly never encountered it elsewhere. That said, why anyone would think to buy a used musical instrument without seeing and trying it out first is well beyond me, so the law of caveat emptor is surely of at least as much significance here as the rather bizarre clause in PayPal's T&Cs.
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ahinton
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« Reply #2 on: January 09, 2012, 03:08:13 pm »

Here's a further item on this from The Strad:

http://thestrad.com/Article.asp?ArticleID=2108

One major problem with PayPal's attempt at an argument here is, of course, that, in cases such as this one and no doubt many others, it ought to have (and, I suspect, actually has) no business to demand the destruction of the goods concerned and the subsequent provision of evidence of said destruction unless and until incontrovertible proof of counterfeiture has been provided to it in writing by at least one independent professional qualified to do so.
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Neil McGowan
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« Reply #3 on: January 09, 2012, 04:05:19 pm »

One major problem with PayPal's

The idea of purchasing a fine musical instrument through PayPal is already akin to the hope of acquiring fine art by sending-in the tokens off the back of cornflake packets.
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ahinton
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« Reply #4 on: January 09, 2012, 04:23:33 pm »

The idea of purchasing a fine musical instrument through PayPal is already akin to the hope of acquiring fine art by sending-in the tokens off the back of cornflake packets.
Indeed, as I implied myself, albeit rather less eloquently(!), in response #1 in this thread...
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