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Old 05-22-2012
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Default Hugely long post about multi-violation eBay UK selling suspension - please advise.

Hi everyone,

New to the forum - wow, what a find. Stumbled across this site earlier and it's amazing. You are all a credit to it!

Quick run down of what's happened to my account.

I have a couple of personal eBay accounts and one business account. Been selling for yonks, about 8 yrs.. never any problems, 1800+ feedback (100% positive) for high end VERO items (Chanel, Louis Vuitton), was previously accepted into a website that authenticated LV for eBay and PayPal county court cases and held that seller recommended status.. basically what you would call an outstanding eBayer. No account faults.

About a month back, I decided to change one of my personal accounts into another business account and start up a new company.

All my items are authentic.

In short, I had one Chanel item wrongly removed by eBay (not VERO, I have an e-mail from Chanel's VERO solicitors confirming they didn't pull it, nor did they confirm it was authentic. There was no involvement either way.) and this put one of the numbered warnings below on the account.

From experience, I think this is because I put CC without quotes either side "CC" - I know this is a trademark pull but because I hadn't listed Chanel for a couple of years, I'd totally forgotten about putting quote marks in the title.

Didn't think too much of it but then had another item wrongly removed for trademark and a 7 day selling ban.

I was really annoyed but as the account was clean, again I didn't think too much of it.

Didn't list on that name or any others for 7 days and on day 8, listed a small amount of tracksuits, D&G sunglasses, etc.. all have Selfridges or boutique receipts and are all photographed in high res so that if any buyers of VERO want to authenticate my items from photo, they can.

Out of the blue that night, had all the items removed for trademark (there was NO trademark breech), a 30 day selling ban and then 2 minutes later, an indefinate selling ban.

The quoted removal codes for all these were:

MC067
MC047
MC198
MC008

A buyer who doesn't use eBay very often bought a Juicy Couture (authentic) tracksuit from me and after weeks of having it, decided to message me and say his girlfriend has taken it to a shop and its not authentic, he wants a refund but doesn't want to open a dispute.

Before I can even finish reading the message, he's opened a dispute and messages me again to say he didn't understand how eBay works as he rarely uses it and he was very sorry.

However since the dispute was already open, I knew I could sell the tracksuit for a higher price the second time around, plus I am wise to the fact that if someones stupid enough to open a dispute during a message, they will be un-educated to leave possibly negative or neutral feedback if I hold it up by disputing it's authenticity.

So I just said, its fine, send it back to me as long as all the tags are attached still.

He did, I refunded, case closed.

Now this is causing the problem - even though I refunded the buyer and did nothing wrong, eBay were not involved at all with the claim, they have marked it against my account and say this has deemed me high risk.


So I took this up with eBay and after kicking up a huge fuss on the phone, got a supervisor in Ireland.

I explained everything to her about the dispute and tracksuit and insisted that it was completely wrongful removal of all items.

She has been ringing me daily with updates and pushing for a review with her manager and the depertments involved.

She got them to agree to a review and told me to send the receipt for the Juicy Couture tracksuit, a sample of 10 other receipts, all other documents I could think of to back up my case and all feedback examples etc.

I did this and sent it to sellerveri at ebay dot com for review.

I could have literally outlined a court case with what I sent - about 50 receipts, passport, driving license, 1800+ feedback examples of high end VERO feedback so they could contact customers, all Chanel receipts, I even sent stuff to the extent of hand written invetations from Marc Jacobs to his Louis Vuitton bag launches - everything to prove that I'm well known in the industry and not a high risk at all. I sent all the business marking, showed how much I've just spent on custom made packaging that I don't even charge customers for... the works.

Had the team ring me back this morning with a decision.

It's a no on lifting any selling restriction.

I asked why? He said it's because you had a dispute about the Juicy Couture tracksuit, then the bags were pulled..

Literally parroting exactly all the reasons as to why I had this appeal.

I said I have sent the Juicy Couture tracksuit receipt along with everything else, all the feedback etc.. and he just said well the team looked and said you had a dispute so it could still be high risk. We wish to protect our buyers.

I am literally at breaking point - it is like speaking to a brick wall.

I'm sorry this is such a long post but if anyone could give me ANY tips at all, I would be so grateful. I feel I've done everything I can but I'm still not willing to give up.

I've thought about making a solicitors appointment today to try and for the selling restriction to be lifted by proving my items are genuine but I'm not sure if I should just keep going with eBay instead. Does anyone on the forum have any experience of trying to get a court order reinstatement?

Also, one last and seperate question..

My other remaining eBay business name which has nothing bad on the history whatsoever.. I am named on this account but the business is not purely me. There is no way that the other people within that business wish to lose the selling ability and I nearly rang eBay this morning to ask advise on how to still sell on that name without it being associated to my account.. but then thought better of it, lol.

Does anyone know how eBay deems business account rules?

I might not be able to sell but what about this business? One business is not linked to another apart from me or this computer as we will have accessed it from my home office at some point..

Does anyone know where eBay stands on linking two businesses together? Is there a way to still legally list on the good one because it has no legal involvement with the other?

The other restricted business name was my own sole one.

Thanks and sorry for giving anyone a headache reading this!

hotpink x
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Old 05-23-2012
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did the restriction emails have the vero owners details on. Did they tell you who has requested your listings to be taken down?

I take it you have not been to the vero owners first to get permission to sell the items...

to be honest, whilst it sucks they are perfectly within their rights to see you as high risk and restrict you, as it is their rules in this game.
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The restriction emails had no VERO contact details on.

I went straight to the Chanel VERO solicitors and they have confirmed in writing that they did not remove the items.

There has been no VERO involvement and it's like talking to a brick wall, getting eBay to respond to this.
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do a search on forum for 'counternotice' there will be some useful info on how other tackled this.

There is a chance of getting some of items reinstated, but it is unlikely...
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Ooh, I'm off to search for 'counternotice' now.. thank you!
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The easiest solution I can see from what you have detailed in your post would be simply to get written permission from the rights owners for you to resell their goods as an authorised agent.

You say that there was no trademark breach, unfortunately that is not the case as far as e/b are concerned. If you are using a company's brand name or logo without their express permission then you are in breach of copyright.

If as you say you are well known in the industry this shouldn't be too much of a problem.

As has already been advised whether your business is legit or otherwise e/b and p/p can deem you to be a higher than average risk at any time and decide they no longer wish to do business with you. Nothing you can provide or prove will make them change their minds in 99.99% of cases like this.
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counternotice is when a vero member takes it down, it therefore does not apply to you - but the posts may have some info....
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In terms of your other business account in my experience, (and i am talking only with respect to personal accounts here) I had three accounts with different bank, email, address etc details. The only connection was my name (this is pre stealth for everyone shaking their heads right now ;-)). When my main account got limited this acted as a catalyst and withing a day or two i received emails to all the other legacy accounts (i'd forgotten these almost) limiting them with no appeal. You need to be v careful now about this other account. I am new around here but you need to speak to some MODs/more experienced guys...oompa and noneother know what they're on about aswell - good guys

also wait and see if Greenbean chimes in...
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The likliehood of getting reinstated after you have done all this is very small. They have taken against you. The only thing I can suggest is you go back to them in a few months time but I don't honestly hold out a lot of hope for you.

New game plan needed I'm afraid

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Feel for you dude. I don't know what your revenue is like but you could threaten legal action although like some guys have said, fundamentally they're a private company and pretty much do what they like...
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Legal action for what exactly?
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"fundamentally they're a private company and pretty much do what they like..."

i agree
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Private companies are not above the law and cannot do as they like but they can define their own acceptable use policies and are within their legal rights to terminate any accounts that they feel are in breach of them.

We all feel aggrieved by e/b and p/p seemingly unwarranted actions but they are not breaking any laws, they are protecting their business as they see fit. It's what you signed up for when you opened the account.

We all do the same.
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Quote:
Originally Posted by London1234 View Post
Feel for you dude. I don't know what your revenue is like but you could threaten legal action although like some guys have said, fundamentally they're a private company and pretty much do what they like...
Be careful of your use of terms.

No user suggested legal action . Not suggested here EVER

User can under certain conditions file a counterclaim objecting to the takedown under VerO .

Vastly different from your advice.
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apologies all..(i am a rookie) but point taken.
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to be honest if you want to salvage your longstanding ebay/paypals, you need to let the accounts rest and then start selling other types of goods. The 2 accs will most probably be linked via ip, cookies, address etc, so you can still run a business and the accounts are worth keeping. You are in the good position that you found the forum before your name and address get banned......
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