Do I still have a chance of getting my account back?

[Toolman89]

Backstory first:



I sold an iPhone 4 colour mod kit (e.g red front screen, home button and back cover). With no logo or writing on the back. When I first had the image made up they left the logo on the back, and deservedly so Apple reported the listing via VERO and got it removed. After scouring the internet the general consensus is that it's fine to sell as long as it has no logo etc. So I put the listing back up without the apple logo. Lasted 8 months + and plenty of other sellers were selling the same thing, added more colours to my inventory.



Eventually got another pulled down, I had no idea why so I contacted Apple via the email provided. No help whatsoever, just computer-generated responses that didn't answer why the listing was removed. Clueless, I researched everything from the eBay Trademark guidelines and the Apple Copyright & Trademark guidelines. Of course the solution was simple and I was an idiot.. I had put 'iphone red screen' in the title instead of 'red screen for iPhone'. I double-checked to make sure everything was a-okay, contacted Apple asking the question directly if it's okay to sell them like that in two emails.. no response to either when they usually always at least provide a computer-generated answer. Reported a competitors listing of the same item, was never taken down. So naturally I thought it was okay to put back up again and fix the corrections in the title.



Lo and behold, a month later it gets removed once again, I get restricted for 30 days and then 2 days later im indefinitely restricted and all of my normal fair eBay listings are removed.



Still no solid responses from anybody, the only conclusion I can come up with is that Apple owns the actual design (although this gets confusing as you can buy colour stickers which mod the phone the exact same way, etc. you can basically mod it in any way so long as it doesn't show or represent the apple logo.) despite it not really saying it anywhere on their Copyright & Trademark guidelines.



Whatever, I'll deal with it, get my account reinstated and never sell those items again. Surely eBay would understand with the amount of underlying confusion and that I was making an honest attempt to educate myself on all policies and I had 99.9% feedback (999/1000 customers satisfied) and a gold powerseller. So clearly I have no intention of selling ⊗⊗⊗⊗ or counterfeit items.



So I've detailed my case to eBay, they say provide proof via invoice that the items are authentic. The invoice doesn't detail every individual item so it's hardly proof of anything, and I had already stated my case and that I wouldn't sell those particular items again if they are indeed considered counterfeit. Anyways I did this, file size and format and everything is perfect, upload successful. eBay says they can't find it. Do it again. Same response. Tell them this and provide a direct link to the file uploaded on photobucket and provided again a short version of the backstory and comments in the message. No reply. Message them again asking for a follow up/progress update, they never acknowledge the 3rd message and again say no files have been uploaded please do so.

I tried calling and asking for T&S as someone else recommended me to do elsewhere, they wouldn't put me through lol and said that 'this is trust and safety', 'this is the first line of trust and safety' :/ Anyways it was hard to communicate my situation clearly over the phone but he was pretty nice and said he submitted an appeal on behalf of me and a 'specialist' will email me in the next 2 to 3 days.. no doubt this specialist will say the same thing Customer Support has been saying, but at least it's a different contact (maybe) and they might actually communicate with me. Today is the 3rd day and nobody has contacted me yet.

Customer support (well they actually put Trust and Safety as their signature) never replied again so I sent another message, uploaded the files again a third time, they never replied again. Sent them a follow up message to confirm and of course they reply there's no files there please upload them and that I now also have to get Apple to contact them to excuse me from the infringement. I replied that I've uploaded the files 3 times and provided a message with the file uploaded to a third party site so they couldn't blame their upload system which they ignored previously and that the lack of replies and communication from Apple is what caused the confusion and problem in the first place, and of course no one has replied that message either.

[oompaloompa]

your mistake was to sell the same item again after you got the takedown, as you were flagged, even without the logo..

honestly, them not replying is often not a good sign. You can get customer support on the smallest of issues if they want to know you, but when they do not reply, your account is often toast and they cannot even be bothered to let you know. Not saying that it is the same in your case but they do have a 'read but no reply' policy.

[GreenBean]

3 things going against you.

You got told not to list the item but went on listing it.

You appear to think APPLE would even care to reply to you. For one of their cases they seldom do. You have not stated the items were real?

ebay are already giving you the 'cold' shoulder or run around.

Have a thought about this too. Account is now marked because of the takedowns. Even if you got selling again, ebay could turn around in the future & kill the account off again.

In your other post you talk of wanting to do large amounts of sales. Having this account is not a suitable foundation.

Sorry

[Toolman89]

Originally Posted by GreenBean™

3 things going against you.

You got told not to list the item but went on listing it.

You appear to think APPLE would even care to reply to you. For one of their cases they seldom do. You have not stated the items were real?

ebay are already giving you the 'cold' shoulder or run around.

Have a thought about this too. Account is now marked because of the takedowns. Even if you got selling again, ebay could turn around in the future & kill the account off again.

In your other post you talk of wanting to do large amounts of sales. Having this account is not a suitable foundation.

Sorry

Like most unaware people I didn't know eBay would treat me like this over a misunderstanding of an item and thought they would communicate with me. I'm actually still confused as to why it was ever taken down, some of the biggest US sellers with over 100k feedback have been selling them for some time.

I'd like to get the account back because I had a good customer base, spent some money making my listings look professional and had been working on the business idea for quite some time now, and I'm sure I know what not to sell now (can never be 100% sure with eBay i guess).

Also as I'm new I'm still uncertain as to how to get my stealth account running smoothly.. I'll have to get a new ISP, in the other thread Roscoe recommends to change Paypal accounts every 2 weeks (selling at his volume)(still unsure how to overcome being limited without the friend/relative option), it all seems a bit.. annoying at this point, so I'd preferto get my original account unrestricted, but I don't think that's going to happen. Thankfully there's you guys to help overcome these problems, as of right now I've gone from making 1.5k a week profit to $0 a week with about $25k sitting in stock not moving so I have to figure something out soon but don't want to rush anything and make any mistakes.

[GreenBean]

Originally Posted by Toolman89

Like most unaware people I didn't know eBay would treat me like this over a misunderstanding of an item and thought they would communicate with me. I'm actually still confused as to why it was ever taken down, some of the biggest US sellers with over 100k feedback have been selling them for some time.

Golden rule to try to apply to your ebay selling is dont sweat over what others are selling & doing. You have no way of knowing if or when ebay will kill of those accounts.

Given the high feedback you speak of, I would think they might be older accounts, business ones with the rights to sell the item(s). Only conjecture.

You have not stated if you were selling a 1000% bonafide, real genuine APPLE item or did you have the permission of APPLE, the IP owner to sell such items. Ponder what I said most carefully.

What I talk to above, is the nitty gritty of selling. If you have no answers, or sadly no understanding of the VeRo game, the $25,000 of stock may not be sold.

[Toolman89]

For example: http://www.ebay.com/itm/CDMA-Verizon...item4ab57d2aa9

My listing was identical to that, even copied their disclaimer. Product isn't an apple product, just a modification kit for an apple product. Another guy with 50k+ feedback who sells them is someone I know off another forum, I asked him and he didn't know why mine got removed either or that they were not allowed. Only about $2k of that stock is colour kits.

[vxmotorsport]

why would you copy someone elses listing? Another reason to be reported.

[Toolman89]

I meant the item I listed, I never copied any listing.

[Toolman89]

Reply I got. Any chance? As I said Apple doesn't reply and ive uploaded an invoice successfully for them 3 times, yet they continue to say not received? Is that their way of saying piss off?

Thanks for responding to us here on eBay in relation to your account's selling restriction.

As previously stated, your 30-day selling restriction has already progressed to an indefinite selling restriction. This means that you must first meet the requirements before this restriction can be lifted.

As you may know, we have trademark policies on the site and at times, repeatedly violating these policies may result to listing removals, selling restrictions or even permanent account suspension. Sanctions may progress if proven necessary.

Please be aware that we have received several reports and claims from Apple, Inc. involving your listings and we require that you resolve your concerns with Apple, Inc. as part of this appeal procedure. You may reach them at:

apple_enforce@opsecsecurity.com

Please allow 7 business days for Apple, Inc. to respond to you. It would be best to have Apple, Inc. contact us once you have resolved this issue with them.

Additionally, we have not received any of your documents yet. Please be sure to use this link below in uploading your documents:

https://ocs.ebay.com.au/ws/eBayISAPI...ptName=AUBaOff

We may consider your account for re-evaluation only if this appeal procedure has been completed.

We thank you for your cooperation.

Kind regards,

Jay Du.
eBay Trust & Safety

[GreenBean]

I understand desperation. It's ebay after all.

But when are you going to grasp that APPLE might not like the idea of a person selling a modification kit for one of their hallowed products?

Two questions.

Have you sold on ebay very long? Your items are trouble because a brand name is involved. You need to know this when you choose items to sell.

Have you researched VeRo and IP rights of companies to protect their goods?
If you have not done research, then please start now.

Apple will string you out for as long as they can.

ebay's next message will be along these lines... 'we are sick of hearing from you. We will not reply any more'

[rsot]

Originally Posted by vxmotorsport

why would you copy someone elses listing? Another reason to be reported.

Exactly - to be avoided for future endeavours.

[oompaloompa]

put it this way, both ebay and apple do not want to put reasons in writing, so as not to
look like a bully or be legally challenged, therefore no reply and you getting tired and going away is better option for them - happens all the time.......