Consider a scenario where a community site, based in Switzerland, with an international member base has two memberships: free accounts and premium subscription-paying accounts. The primary service provided by the website is education as well as providing research tools. However, one feature of the paid subscription is a facility whereby members can send offers to the owner of an item they are interested in.
Consider the below two members:
Member X(free account) has posted photos and details of an item for community interest.
Member Y(premium account) sees this and decides to offer to buy the item:
After the following process,
Member Y claims to have received a fake/inferior item:
Member Ymakes contact by entering a value and and clicks a button to submit the blind speculative offer to
Member Xreceives the offer price as well as
Member Y's country and community reputation, and can then choose whether or accept/reject/counter the offer
Member Ytransfers payment: through paypal (for example) and
Member Xthen ships the item
Member X never marketed the item for sale but only decided and agreed to sell after receiving an initial purchase offer from
Member Y, as well as the fact that the site neither 1) sell items or 2) provides an online store for members to sell items...
Is the site liable due to having a facility for subscription members reaching out to make blind bids to other members items?