Caveat Emptor. Buyer Beware. What does that really mean? Every ebay user has the legal responsibility to follow ebay's policies and guidelines. A transaction on ebay is a legal contract between buyer and seller, and the seller is bound by that contract to write honest descriptions and to follow through with prompt shipping. Buyers have the responsibility to educate themselves about warranties and guarantees.

Warranty: a (usually) written guarantee of the integrity of a product and of the maker's responsibility for the repair or replacement of defective parts.

Guarantee: an assurance of the quality of or of the length of use to be expected from a product offered for sale, often with a promise of reimbursement.

Warranties and guarantees are legally binding (laws vary from state to state--a google search for consumer protection in your state should show you what your rights are). Only the manufacturer of an item can warranty its use. Which means if you purchase an MP3 player from an ebay seller, the seller cannot make a warranty unless the seller actually made the MP3 player. A smart shopper reads the fine print and asks the right questions before placing a bid.

• Is there a manufacturer's warranty on this item?
• Is the warranty transferable? This is a tricky area, since many manufacturer's warranties only cover an item if it is sold through an authorized dealer and the owner has proof of purchase.
• What are the limits on the warranty? A buyer needs to know if the warranty is good for replacement, repair or refund. Some warranties are good for the life of the product, and others have time limits.
• Has the item been repaired? Another tricky area, since repairs by anyone other than an authorized repairman or the factory can void many warranties.

What ebay sellers do is offer guarantees, either implicit or implied. Implicit guarantees can cover service, customer satisfaction, condition, returns and refunds, and replacements. If a listing doesn't state any specific guarantees, shoppers should ask about those areas that are important to them. Shoppers should also realize that there are some things no seller can guarantee. Third-party transit times are one example. Once a seller has turned over a package to the post office or other carrier, they hold no responsibility for how long the package will take to get to the recipient.

A listing description is an implied guarantee. The seller has the responsibility to accurately describe the size, age, quantity, authenticity, usage and condition of the item being sold. The buyer is responsible for reading and understanding the description. If the description is unclear, the buyer should use the "ask the seller a question" option. Most sellers state terms of sale in their listings. The buyer is responsible for reading and understanding those terms. If the buyer does not agree with the terms, it is unreasonable to either attempt negotiation or to assume or expect that those terms don't apply to them. It is reasonable to move on to the next seller.

What can a buyer do if dissatisfied with a purchase?

• Step One: reread the original listing to make sure you received what the description stated. If you are disappointed because of your expectations, buyer's remorse or because you misread the listing, see if the seller guarantees customer satisfaction and accepts returns. If not, consider it a lesson learned and shop more wisely the next time. If the item does not match the description or live up to clearly stated guarantees, go to step two.
• Step Two: Contact the seller immediately. Chances are it was an honest mistake and the seller will make it right. Remember, AS IS, AS FOUND does not absolve the seller from the guarantee implied in the listing description. A buyer is not stuck with a misrepresented item despite any claims by the seller that all sales are final. If the item was damaged in transit and you purchased insurance, the seller will work with you to file a claim. If seller offered insurance, but you did not purchase insurance, you assumed an informed risk and the seller is not under any obligation to refund or replace, unless the damage was due to seller negligence. Take the damaged item along with all packing material to the carrier and ask them for help in determining who was at fault. If the seller is uncooperative or unresponsive, go to step three.
• Step Three: Open a dispute with ebay and/or Paypal. Read the policies and guidelines regarding disputes. Be prepared to back up any claims of misrepresentation or negligence. Save all documentation, including any email correspondence with the seller. Save the original box, packaging materials, and invoice. Be patient and be reasonable by remembering that there are two sides to every dispute.

So know your rights and responsibilities when shopping on ebay, and happy bidding!