topic direct selling products in Selling

direct selling products

daniel-online-solutions — Thu, 21 Aug 2014 14:31:39 GMT

hi everyone, I am selling some Direct Selling's products in eBay, today i just received an email (someone called himself Operations Director) asking me to remove all my products in that brand, but I see many people all around the world is selling it.

I just like to know if i dont remove it will there be a problem?

Will eBay banned people to sell any brand's item?

cheers

Daniel

Re: direct selling products

i-love-my-sheep — Thu, 21 Aug 2014 14:55:54 GMT

Are you sure it's a legitimate eBay email? You can check in your eBay messages. If it's not there, it's a scam.

Which items are they requesting to be removed?

Re: direct selling products

daniel-online-solutions — Thu, 21 Aug 2014 15:14:24 GMT

I am selling Forever LXXXXX items in ebay Au, but I felt I have affected their sell in Au so someone emailed me as below, but I see UK there has been selling for a long time still remain.

Hello
Would you kindly make contact with the Forever LXXXXXX Products office 02 9635 XXXX. The policies of Forever LXXXXX Products specifically prohibit the sale of these products on sites such as eBay.

If you could kindly remove your Forever Living items from eBay it would be appreciated.

Thanks
XXXXXXXXX
Operations Director

Re: direct selling products

phorum_junkie* — Thu, 21 Aug 2014 16:50:14 GMT

Did you buy from an authorised re-seller? I very much doubt that you would be able to buy the genuine product at a price that allowed you to make a profit selling out of Malaysia even with the high postage cost.

If it is not a genuine product it shouldn't be on ebay, I don't know what the laws on copyright are in Malasia, judging by a lot of the fake products, especiallly make up and perfumes, that are sold I imagine rather lax.

If you did purchase your stock from an authorised re-seller with no restrictions on where they can be sold contact the company and state your case or they will probably ask ebay to remove them and you will end up with defects to add to your already rather poor feedback record and DSRs.

Re: direct selling products

daniel-online-solutions — Fri, 22 Aug 2014 07:38:27 GMT

It is genuine from the direct selling company, actually I am selling our retail price in my country and because I have volume in shipping so I can offer that price.

In other country because of Tax so their items were very expensive.

Re: direct selling products

black*poppy — Fri, 22 Aug 2014 09:24:05 GMT

I would love to see the legislation that allows companies to restrict re-sale of their products (assuming they are absolutely genuine)

Is there any legislation?

My first thought is that if you own a product legitimately and the product is genuine, you are legally allowed to do whatever you please with it, including re-sell it in whatever way you choose?

Unless you have signed something to say otherwise?

Does anybody have some legal expertise to answer this??

Re: direct selling products

i-love-my-sheep — Fri, 22 Aug 2014 11:14:29 GMT

I found this link, which says in section 14.9.1:

Sales of products through online marketing media, online malls, or
auction sites, such as, but not limited to eBay or Amazon.com, are prohibited.
Distributors may not sell FLP products to anyone for the purpose of resale nor
entrust others to sell FLP products.

http://gallery.foreverliving.com/gallery/FLP/download/Marketing/Co_Policy_Eng_NDP_NAmerica_Feb10.pdf

So, it looks like the OP has no choice but to remove the listings.

Re: direct selling products

black*poppy — Fri, 22 Aug 2014 12:07:42 GMT

I don't think this is correct.

The link is to a company policy. It clearly applies to people who are "Approved Distributors". This means they have an agreement (like a signed contract) with the company to sell their products through the FLP website. This would be enforceable by law if the person signed a legal document with the company.

Unless the OP has a contract with FLP, the policy is not enforcable. Simply having a policy doesn't mean you can make the world comply.

So, for example, if the seller bought a box of FLP products at an outlet, unless they signed something to say that they was prohibited from selling on certain websites, they are theirs to do with or sell wherever they like. Of course, if they are a "distributor" of course they have to take it down.

If ebay has a relationship with this company, they might restrict the account, which is a different issue.

Re: direct selling products

bsal6160 — Fri, 22 Aug 2014 12:08:43 GMT

Same thing might happen with your Shimano offerings if they get wind of it.

Re: direct selling products

i-love-my-sheep — Fri, 22 Aug 2014 12:26:59 GMT

Ahhh, ok, good point. It was a lot of mumbo jumbo to me, but when I saw that bit, I thought I may be on to something!! It makes sense now you've put it that way. I speak medical, not legal LOL!

Re: direct selling products

i-love-my-sheep — Fri, 22 Aug 2014 12:45:34 GMT

I just found another website that said in order to sell that brand online, you must sign up to be a distributor and all online sales must be made through a company authorised store. So, it sounds to me that unless the OP has got permission and signed up to be a distributor, the company has every right to ask them to remove the product lines.

As already mentioned, the Shimano products could get the OP into strife too.

Re: direct selling products

black*poppy — Fri, 22 Aug 2014 13:09:48 GMT

I agree if the OP had got permission (therefore entered into some kind of legal contract withthe company) to sell the products, then the listings must be taken down.

BUT if they were sourced through some other means outside of any agreement with the company, then the company has no right to make the seller do so.

The same goes for the OP. And to answer the other question from the OP: NO - brands will not be able to prevent the re-sale of their products, unless there is some kind of agreement between you and the company where you have agreed not to do so. You can do whatever you want with your own stuff.

Re: direct selling products

lyndal1838 — Fri, 22 Aug 2014 15:25:36 GMT

There are a lot of companies that are members of the VERO program....if those companies demand that a members listings be taken down then ebay will comply very quickly.

A lot of goods can only be sold by authorised resellers so if the OP is not an authorised reseller then he cannot list the goods.

Just because you own the goods does not make it legal for you to sell them on ebay.

Re: direct selling products

hotrodvideo — Fri, 22 Aug 2014 19:29:46 GMT

Thought vero applied to intellectual property artwork books music etc

Re: direct selling products

harley_babes_hoard — Fri, 22 Aug 2014 21:40:00 GMT

If they were a part of the Vero program the wouldn't the item be pulled and the letter come from Ebay. The fact the OP has only an ebay message/email from a person suppoedly, from this company says they are not in the vero program.

I would reply to the email asking who he is and for some sort of proof of his said position. He could be anybody, another competitor trying to get rid of you.

Re: direct selling products

2106greencat — Fri, 22 Aug 2014 22:53:13 GMT

Sorry Harley..........but OP - DO NOT reply to the email....

Phone eBay support and ask to speak to a supervisor, if this is a fake email you need to speak to someone who knows what they are doing, not just one of the phone drones.

Re: direct selling products

harley_babes_hoard — Fri, 22 Aug 2014 23:18:57 GMT

no harm in answering an email that isn't asking you sign your life away or click on another site or something, sheesh

Furthermore I doubt it was a personal email. it would have come through ebay.

Re: direct selling products

2106greencat — Fri, 22 Aug 2014 23:21:07 GMT

No disrespect intended Harley - it was my opinion and I didn't want it to look like I was blundering over your post - hence the 'SORRY' at the beginning.

But, take it as you will....no harm, no foul

Re: direct selling products

harley_babes_hoard — Sat, 23 Aug 2014 00:09:37 GMT

contacting ebay is a great way to bring attention to yourself. I doubt I would do that.

Re: direct selling products

thecatspjs — Sat, 23 Aug 2014 00:26:35 GMT

@harley_babes_hoard wrote:
contacting ebay is a great way to bring attention to yourself. I doubt I would do that.

Why ?

What are you doing wrong that you do not want eBays attention on HBH ?