Are Vero Bans Constitutionally legal in Australia or could they lead to a class Action

So the reason Im writing this is I got a Vero warning and a takedown of listing on a hat I still swear is legitimate .

I was told next time I will Have a 3 day suspension from the site . It seems a very Drastic action considering that a counterfeiters whole business model is to fool people, including the experts , so what chance do I Have of determining the absolute Authenticity of an Item that I brought third hand . So anyway I was on the **bleep** ( Beers ) with my high class Barrister mate telling him my Storie and he was like " under Australian Law if you didn't know you were Breaking the law there's a probability you couldn't be prosecuted for it " So I was like but Ebay can Still ban Me ,' I saw the dollar signs flash across his eyes and he said that's not legal if you didn't know you were committing a crime , something called mens rea and he would love to test it .

Then he sent me an Email stating the next few segments :

The general rule of the English law is that no crime can be committed unless there is mens rea.

In Australia, the common law presumption of fault-based liability is also reflected in statute. Section 5.6 creates a rebuttable presumption that, to establish guilt, fault must be proven for each physical element of a offence.

In Australia offences are generally characterised 

  • mens rea —they  must prove a physical element (knowledge that a crime has been committed )  (actus reus) and a mental element (mens rea);

  • So are Vero bans a legal punishment for people who have no knowledge that have committed an infraction ........... just interested to hear opinions

 

Message 1 of 38
Latest reply
37 REPLIES 37

Are Vero Bans Constitutionally legal in Australia or could they lead to a class Action

I could probably give you a thousand  of the top of my head, but figured you would at least know how to use  google.  Ever heard of trademarks and copy rights.

Just a  couple for you to get your head around.   A  little electric company, named  after a  fruit.  they created little things to pop in your ears and on top of there trade name, they also registered  half  a dozen sub names  all trade marked and copyrighted.  When they were released, all the non authorized little resellers found all there listings removed, until they could figure out how to onsell them without breaching the owners rights.

Try selling new car parts, especially for that one that gets you jumping.  You will be shut down quick smart, unless  you are authorized.

Brands are big business, and so is protecting them,  that is why they pay huge sums to security companies to auto monitor all selling and media platforms, to protect there brands, sales on ebay   etc, are not accidently stumbled upon by the tea lady.

 

Now, slightly different but not much, ever  wondered  why new car  yards are restricted to what makes they can sell.

I recently bought a new car from a  dealer I have used for the last 20yrs.  They have multiple dealerships, but the make of car I wished to purchase was  only available via one of there dealerships, because the rest were not the licenced distributor for that brand in there respective locations.  So how does that stack up with your anti competition claim.

Message 21 of 38
Latest reply

Are Vero Bans Constitutionally legal in Australia or could they lead to a class Action

You are now getting into franchising agreements which is totally different to what this topic is about. 

Message 22 of 38
Latest reply

Are Vero Bans Constitutionally legal in Australia or could they lead to a class Action

Is that all you got, read it again.

maybe you need some links, done wasting my time

Trademarks, patents, registered logos, copyrights.

Cease and  desist,  property rights,  brand abuse, brand protection

cyber security  etc etc etc etc.  get the picture.

Message 23 of 38
Latest reply

Are Vero Bans Constitutionally legal in Australia or could they lead to a class Action


@gutterpunkz05 wrote:

Is that all you got, read it again.

maybe you need some links, done wasting my time

Trademarks, patents, registered logos, copyrights.

Cease and  desist,  property rights,  brand abuse, brand protection

cyber security  etc etc etc etc.  get the picture.


I think Eol has selective hearing,  they still havent said where the Vero policy specifically says it doesnt apply to Australia.

Message 24 of 38
Latest reply

Are Vero Bans Constitutionally legal in Australia or could they lead to a class Action

Oh I did not  specify.   the part I posted from  sec 4.  Of the user agreement, (abuse of ebay)  was from the  AUSTRALIAN  ebay USER AGREEMENT,  and deals specifically with vero.

Message 25 of 38
Latest reply

Are Vero Bans Constitutionally legal in Australia or could they lead to a class Action

I successfully appealed a VERO ban last month as luckily managed to find my purchase receipts. Totally agree that ebay falsely accused me and presumed guilt before innocence.

 

So if your barrister friend agrees to do this pro bono then I am with you

Message 26 of 38
Latest reply

Are Vero Bans Constitutionally legal in Australia or could they lead to a class Action


@asporty wrote:

I successfully appealed a VERO ban last month as luckily managed to find my purchase receipts. Totally agree that ebay falsely accused me and presumed guilt before innocence.

 

So if your barrister friend agrees to do this pro bono then I am with you


Lucky you.

 

I had a purchase receipt and ebay said the VERO company said no.

Message 27 of 38
Latest reply

Are Vero Bans Constitutionally legal in Australia or could they lead to a class Action


@imastawka wrote:

 

I had a purchase receipt and ebay said the VERO company said no.

 


.............Time to bring in a pro-bono Barrister, the ACCC, the Ombudsman and Judge Judy Stawks.  🤣🤣

______________________________________________________

"Start me up I'll never stop......"
Message 28 of 38
Latest reply

Are Vero Bans Constitutionally legal in Australia or could they lead to a class Action

You forgot a 'legal lawyer' 

Message 29 of 38
Latest reply

Are Vero Bans Constitutionally legal in Australia or could they lead to a class Action

LOL - I forgot that one.

Message 30 of 38
Latest reply