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

[pickenshovel1234]

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

[sugar249]

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@eol-products wrote:

I am not talking about selling counterfeit items as genuine but selling genuine items as genuine. In the US you cannot sell many brands due to the companies not allowing reselling of their products. Hence allowing international postage on these items may get a Vero warning. In Australia I can purchase any item from a business and resell it myself.

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Not correct.

For some business's you have to be an authorised reseller.

And we have being caught with VERO,  and no we werent offering international postage.

Why do you believe VERO doesnt apply in Australia

[eol-products]

No business in Australia can stop you reselling one of their products. Offering that product to other countries will cause issues especially to the US which has many companies that will not allow reselling of their products.

[eol-products]

If a business in Australia tries to stop you reselling their products they are in breach of anti competition laws.

[domino-710]

No company can prevent you from selling their product - as long as it's not ' stated ' as NEW.

Anywhere.

[domino-710]

And as long as it ain't FAKE.

[gutterpunkz05]

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@eol-products wrote:

No business in Australia can stop you reselling one of their products. Offering that product to other countries will cause issues especially to the US which has many companies that will not allow reselling of their products..

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Not   so,  That is why companies have licenced  sellers, to protect there brand.

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[sandypebbles]

So get your legal friend to take on eBay pro bono under the reason rules should’nt apply to you

You can’t say  in one breath you swear it is real and then say you can’t determine the authenticity 

Thanks for your mates insights though

And yes, eBay can and would ban you

Legal friend or not

[sugar249]

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@eol-products wrote:

If a business in Australia tries to stop you reselling their products they are in breach of anti competition laws.

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Sounds like you have the same lawyer friend as OP,   hope you enjoy paying for their next BMW

[gutterpunkz05]

From sec 4 of the user agreement.

you agree that, without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the eBay services, delay or remove hosted content, remove, delete, modify or not display listings, apply fees and/or recover our expenses for policy monitoring and enforcement, and/or take technical and legal steps to keep users off the sites if we reasonably consider that any conduct engaged in by such users creates or may create actual or possible legal liabilities, infringes the intellectual property rights of third parties, is inconsistent with the letter or spirit of our policies (for

[eol-products]

Do you have an example of a product that cannot be sold by someone else due to not being a licensed seller. 

There are certain products that you need a licence to sell like alcohol and some medical equipment but this topic started from the OP trying to sell a hat so am referring to these types of products.