direct selling products

[daniel-online-solutions]

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

[i-love-my-sheep]

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?

[daniel-online-solutions]

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

[phorum_junkie*]

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.

[daniel-online-solutions]

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.

[black*poppy]

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??

[i-love-my-sheep]

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.

[black*poppy]

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.

[bsal6160]

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

[i-love-my-sheep]

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!