Item sold, buyer paid, but order is a listing with a policy violation

[lodobazz]

I sold an item, the buyer paid, but the order page says "this item has a listing with a policy violation."

The item was a recalled toy.

Should I still ship the item? Will eBay just refund the buyer and I'll get no payout? 

Thanks.

Here's an associated email, which I was sent after the item sold:

"

We had to remove your listing because it didn’t follow our Product safety policy. Recalled and other unsafe products aren't allowed on eBay.

What activity didn't follow the policy

This item may not be sold, because it has been recalled for safety reasons. To learn more about the recall affecting this product, please visit the website at: https://www.cpsc.gov/Recalls/2000/cpsc-galoob-toys-inc-announce-recall-of-sky-dancers-flying-dolls

What you need to do next

The easiest way to avoid this in the future is to ensure that your current and future listings follow this policy.

What is the policy

The following types of items aren’t allowed:

- Items recalled by the manufacturer or any government agency
- Items that pose a health or safety hazard as specified by any government agency
- Items whose sale is prohibited by law due to health and safety concerns
- Crib bumpers and infant inclined sleepers. See the Safe Sleep for Babies Act business guidance for more information.

If you ship items internationally, you need to comply with all applicable laws and regulations for the countries where you ship.  We will remove any item that is reported to us as recalled or otherwise unsafe from any of the regulatory authorities worldwide.  

- US Consumer Product and Safety Commission (CPSC) 
- US National Highway Traffic Safety Administration (NHTSA) 
- EU Product Safety Authorities 
- EU Commission (Safety gate/Rapex) 
- UK Office of Product Safety & Standards (OPSS) 
- Organization for Economic Co-operation and Development (OECD)
- Australian Competition and Consumer Commission (ACCC)

For more information on potentially unsafe products, please visit our Product Safety Guidelines for Sellers.

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 any final value fee for your 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 using automation or artificial intelligence.

Why we have this policy

This policy helps sellers follow important government regulations.

More information and help

Product safety policy"

"

[silverstatetreasureboxes]

@lodobazz 

Refund your buyer and message them about the recall. Do not ship this, destroy it.

[theteamsetguy]

@lodobazz ,

No don’t ship it. Take it to the trash can and put it there. Last thing you want is for child to get hurt playing with it.

[lodobazz]

I should mention that the item is not dangerous.

I want to know what eBay does for items that were paid for under this policy violation. My account says right now I have today to ship it out.

[lonebuck-books]

---

@lodobazz wrote:

I should mention that the item is not dangerous.

I want to know what eBay does for items that were paid for under this policy violation. My account says right now I have today to ship it out.

---

The CPSC disagrees with you as do the 150+ people who reported injuries from it.  It doesn't matter if you think it is dangerous or not, if the CPSC says it is recalled because it injures kids, that is all that counts.   eBay collected the payment just like any other sale but then the bot connected the dots realizing it is a recalled item after the sale.  Doesn't happen often but it does happen.  As others have already said, cancel and refund.  Throw it away.  If you ship it and the buyer's kid gets hurt, you will be in a world of legal hot water.  

[kensgiftshop]

Cancel the order and refund the buyer, then trash the item.

[youn2240]

If it was listed as vintage galoob figure 19xx I'd bet it would fly. I wouldn't go around throwing out vintage figures that are banned because that probably makes them more collectable and rare.  Interesting because they made a line called dragon flyz aimed at boys and those aren't banned even though it's the exact same type of toy.  Your account says to ship you must do what the ebay says lol. 

[albertabrightalberta]

---

@lodobazz wrote:

I should mention that the item is not dangerous.

I want to know what eBay does for items that were paid for under this policy violation. My account says right now I have today to ship it out.

---

You may think it's not dangerous but if the CPSC recalled it, you cannot sell it no matter what your opinion is regarding the safety. 

Do not ship! 

[albertabrightalberta]

---

@youn2240 wrote:

If it was listed as vintage galoob figure 19xx I'd bet it would fly. I wouldn't go around throwing out vintage figures that are banned because that probably makes them more collectable and rare.  Interesting because they made a line called dragon flyz aimed at boys and those aren't banned even though it's the exact same type of toy.  Your account says to ship you must do what the ebay says lol. 

---

And if this were your sale that you listed in a way "that would fly," would you accept liability if the buyer's child was injured after their purchase? 

Seriously, CPSC doesn't issue recalls willy-nilly! There are valid reasons when items are banned. 

[youn2240]

No I wouldn't accept that. no child should ever play with collectable vintage toys. they are just for looking at or displaying.  nor would I know that galoob figure 19xx is banned. I will now be keeping an eye out for these  and then lose them in a boating accident.