Brand blocking my listing as asking price allegedly too low

[surreyhack1]

I am a relatively inexperienced ebay seller so would appreciate other peoples' thoughts on this, and whether there are ways of avoiding this again.

I wanted to sell an  item of designer clothing which was an unwanted gift, kept safely in a drawer for a couple of years.

I  found over a dozen other  ebay listings for the same item, mostly in "worn" condition, and used this as a guide to set my "buy it now" price, slightly cheaper than most other listings.

Within half an hour of the listing going live it was removed by ebay, citing counterfeit item policy.  I was  somewhat affronted as I had bought it in the designer's actual shop.  I queried this  with ebay who first told me I should not look at other peoples' listings to get an idea of price (even though that's how their algorithms  suggest a price!)  When we got back to the point, I discovered that there was no suggestion at all my item was counterfeit, this was just the general wording of the automated message, but that the brand itself had intervened as they thought I was pricing it too CHEAPLY!  It was recommended  that if I truied to relist it I should ask at least double, which would then equate to 50% of the current RRP.  I very much doubt anyone would want it at the price.

The ebay agent was as helpful as she could be but had no explanation as to why identical items were priced much lower (and neither with any requirement for authentication, such as a photo of the receipt, for instance)  with no apparent intervention from the brand.  I am now concerned that the brand will  now have me on some sort of watch list and bar other items I wish to sell.  Any thoughts welcome!

[tressygirl]

Two things unfair here.  One is the way that message is written.  The claim the item is 'not authentic'  is not explaining the true issue here.   Secondly, for eBay Customer Services not fully explaining what is clearly a Vero issue.

High brand items are protected by Vero Regulations and policies.  It was the brand owner, not eBay who asked for the removal of your item. 

There are so many fakes of high brand items and impossible to check authenticty for online items,  even receipts can be faked, I know, my work took me to the Far East for decades , and fake receipts  made there, are impossible to tell from the real deal.

You may well see identical items listed,  the site is massive over 7 billion + listings on at any one time, so not possible to check every listing, and some slip the net and become listed.

Your item has been reported do not relist it,  you would face serious selling restrictions.

You can read about Vero's policies from a link at the bottom of most eBay pages.

[surreyhack1]

Thank you for this  tressygirl.  Yes I realise it was the brand that intervened, maybe just my bad luck mine was  singled out from the many existing listings for the exact same used item.

Ebay have suggested I relist it at a much higher price but I will take your advice and not risk it. I think  I will donate it to the local charity shop where someone will probably snap it up for a mere £20!  

Thank you also for directing me to the Vero regulations.

[4_bathrooms]

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@surreyhack1 wrote:

I discovered that there was no suggestion at all my item was counterfeit, this was just the general wording of the automated message, but that the brand itself had intervened as they thought I was pricing it too CHEAPLY!  It was recommended  that if I truied to relist it I should ask at least double, which would then equate to 50% of the current RRP. 

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If you were a business and that is what the brand stated the brand would have broken the law. In fact; even though you're a private seller I'm not sure they're not as eBay allows private and business sellers to sell the same items via the platform. If the message from the brand suggests they won't allow anyone to sell below a certain price point this is in breach of competition law.

However, eBay have stated the listing was removed due to their counterfeit item policy. Does the message you received mention VeRO?

[tressygirl]

You're very welcome,  and yes once removed to be honest,   I would not risk relisting it,  even with eBay's wise words of list it higher.

[4_bathrooms]

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@surreyhack1 wrote:

Ebay have suggested I relist it at a much higher price

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That would insinuate eBay are colluding with the brand involved to fix the price...

[tressygirl]

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@4_bathrooms wrote:

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@surreyhack1 wrote:

Ebay have suggested I relist it at a much higher price

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That would insinuate eBay are colluding with the brand involved to fix the price...

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To be honest it was a strange reply, wonder if this was a ' verbal' instruction from eBay Customer Services and not  on an ' official ' warning message from eBay , sent in eBay messages. 

Me thinks it's the former !

[papso22]

I think it's another example of off the cuff 'advice' from ebay CS, made up on the spot.

Brand owners usually don't want their brand sold at all on ebay, not just not at a low price.

[tressygirl]

Yep,  agree @papso22   and boy if  that item was relisted , OP could risk strict sanctions  or even bans,  perhaps wise to select Live Chat in these cases  if you rreally need to contact CS,  as then you receive an email back re the whole ' conversation' with CS.

[4_bathrooms]

Just to be clear eBay are well within their rights to pull a listing if they suspect it is for a counterfeit item or if a brand owner reports it as being suspected as such. What eBay absolutely shouldn't do is to suggest the seller relists the same item at a higher price in order to appease the brand owner.

Luxury brands will do almost anything to protect their exclusivity including burning perfectly good but unsold stock to prevent it being sold below it's usual market value. Some luxury brands probably VeRO every item of theirs they spot on eBay even though they can't legally prevent a private seller from disposing of their genuine, unwanted item. However, eBay absolutely should not be getting involved with any minimum selling price agreement with a brand owner. 

[tressygirl]

Totally agree,   but unfortunately @4_bathrooms   I fear this is just another misguided and potentially damaging incorrect information,  given out by Customer Services,  when one has called them.

[jpredman1]

If they wrote down that advice to sell at a higher price, i.e. you can produce that advise if later asked to, I would consider following it by listing at that price, but also accepting offers. You can then sell it at your original number. 

It is probably worth spending a few minutes to list the item's history fairly exhaustively in the description. I do this with stuff where the condition's new so the buyer knows why it's for sale and is advised of the exact state in which it will arrive. Designer counterfeit mills in Asia probably don't do this.   

[4_bathrooms]

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@surreyhack1 wrote:

I wanted to sell an  item of designer clothing which was an unwanted gift, kept safely in a drawer for a couple of years...

...I was  somewhat affronted as I had bought it in the designer's actual shop. 

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Just to clarify; is this something you have purchased yourself or was it a gift? Or do you mean it is something you purchased as a gift for someone else who - presumably - didn't want it?

I'm only asking because if you were gifted the item and it wasn't handed to you with a gift receipt you can't be 100% certain the item is genuine unless the brand themselves have told you it is. 

[4_bathrooms]

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@tressygirl wrote:

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To be honest it was a strange reply, wonder if this was a ' verbal' instruction from eBay Customer Services and not  on an ' official ' warning message from eBay , sent in eBay messages. 

Me thinks it's the former !

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I'm inclined to agree; just another example of eBay CS giving out not just incorrect but potentially damaging advice. Not only does such advice cause the OP to risk having their account permanently suspended it could also be extremely embarrassing for eBay if a transcript existed. 

[surreyhack1]

I have got a live chat transcript.  Unfortunately the agent's English wasnt too great and her slightly odd way of constructing sentences meant that I had to ask the same question several times in different ways to ensure we were not talking at cross purposes.

[surreyhack1]

For clarification, I bought it as a present for a family member who unfortunately did not like it but was too embarassed to tell me in time  for me to return it to the store or exchange it.   When I was finally given it back I  kept it in a drawer with a number of other high value clothing items that I thought I might sell at some point.  Sorry for ambiguity!

[surreyhack1]

This is the email I received less than half an hour after listing the item.

When I queried it on Live Chat and insisted the product was genuine,  the conversation moved on to whether I should attempt to re-list it  or not.  The agent said I could  but recommended I significantly increased the price.  We both looked up what the same item is currently selling for on the designer's own website, and the ebay agent recommended a sum which was 50% of the current RRP - considerably more than anyone else would dare ask for the  same item on ehay or any other pre-loved sales platform.   All rather  surreal.

When I complained about the allegation the item was counterfeit she did say it was a generalised term, did not apply in this case and asked me to "kindly pardon the language."

In the below they also say "Consider using eBay?s Completed Listing feature as a possible resource when deciding on a listing price:"  Yet the agent actually told me NOT to use existing listings as a guide.  I've double  checked the transcript!  

We had to remove your listing because it didn’t follow our Counterfeit item policy. We don’t allow counterfeit items, replicas, or unauthorised copies.

What activity didn't follow the policy

 

- Limited selling historyYou may also consider these tips to help improve your listing:- Consider using eBay?s Completed Listing feature as a possible resource when deciding on a listing price: http://pages.ebay.com/help/search/questions/search-completed-listings.html

What you need to do next

Items removed for this policy cannot be relisted. Please ensure that your future listings are for authentic items only. For these items, they should be described accurately and completely, so buyers know that it is an authentic item.

What is the policy

- Counterfeit products are illegal and not allowed on eBay. Examples include:
-- Fakes, copies or replicas of brand name items (for example, a shoe with the Nike name or logo that wasn’t made by Nike)
-- Electronics or accessories that use or bear the brand name, logo or trademark of a company that didn’t manufacture the item
-- Bootleg recordings from concerts or other live shows
-- Unauthorised or pirated copies of movies, videos or software
- Listings with photos that hide or blur trademarks are not allowed
- If you’re not certain that your item is authentic, or if an authenticator has been unable to confirm its authenticity, it may not be listed
- We may remove listings if we receive buyer complaints that the item is not authentic. These items may not be relisted

How this affects your account

You can remain focused on your business. To protect you, we removed listings that didn't follow this policy. - We have credited any associated fees, except for transaction fees for your sold listing(s). 

Because you may not have been aware of this policy, we're sending this notice to educate you about it.

These listings are still in your Active Listings folder in My eBay and Seller Hub so you can view them and learn from them. However, new buyers can't purchase them, shoppers can't see them, and you will not be charged additional listing fees for them. You can end them to move them out of Active Listings.
 
Listings that don't follow this policy in the future will be removed. This determination was made by a customer service agent.

Why we have this policy

This policy prevents the sale of counterfeit items, which are illegal, and could expose sellers to legal risk. Removing them protects sellers and their buyers from buyer protection claims and financial loss..

More information and help

Counterfeit item policy

Listings not following policy

Item: 266674335155 Burberry men's lambswool scarf, new without tags
Reference ID: 2-173883125913

We appreciate your understanding.

Thanks,

eBay

Please don't reply to this message. It was sent from an address that doesn't accept incoming email.

[papso22]

That guidance also tells you not to relist, but the ebay agent said you could.

[surreyhack1]

Yes, there were quite  a few contradictions between the email and the suggestions made by the agent in the live chat.  I got the feeling she never really quite understood my point - you often notice this on live chats with anyone's customer services department,  when you ask a question which is slightly out of the ordinary  and the answer is not on the  agent's script!

[surreyhack1]

I did list it with a full account of its history and why it was for sale.  I actually wondered if I had actually said too much!  I picked the "new without tags"  option which I believed to be accurate.  Its  in new condition, having never been worn at all, but not so new that its been bought in recent weeks.  Just wondering if that is what set up a red flag with the brand?

Regarding posting a higher price and accepted a much lower offer, Tthere are so many other identical items (but more worn)  on ebay  by the same brand  I cannot imagine why anyone would even look at mine at  a much higher price.  I've done another search just now and found at least 50 of the same product from private sellers around the same low price I'd  originally posted. It really makes no sense.  I'm merely trying to declutter and  recoup a little money  on clothing that is it now either too "young" or small for me to wear.