Why YSK: You should know that you can protect yourself as a buyer or a seller as anyone who uses Etsy. It’s a very popular sales platform and they’re making some changes to prevent class action lawsuits against any shenanigans they might pull against buyers and sellers on the platform. You have the ability to opt out of this to protect yourself; the linked article explains how to do this.
How on earth are these legally enforceable?
Not sure about the specifics but it might not be enforceable. Just because a company says something in their TOS doesn’t mean it’s true.
I’m currently involved in a lawsuit against amazon that is being forced through arbitration. It’s been 3 years since the process started for me with no end in site because there are 50,000 others in queue to arbitrate the same claims. This is why they do it and it is unfortunately enforceable.
Your case doesn’t speak for every case.
Lobbying and rule-of-money (in the US, the side who has the most resources has leverage over the legal discourse by having more, better and longer working lawyers which somehow will often be able to win a case)