Vero take down for counterfeit but I have the receipt
I was just wondering if anyone has ever had success at getting a Vero take down reinstated? I honestly do not care if I can't get the item reinstated, I can just donate it. However, it been taken down saying the right owner says it is counterfeit. I purchased the item at Kohl's and I have the receipt to prove it. I've emailed the right owner and they of course haven't responded. I was just wondering if anyone has ever had a rights owner respond when presented with proof? It doesn't seem fair to be accused of selling something counterfeit when that is not the case at all. I'm a long time seller. Over the last 20 years I've had 5 items removed. 2 of them were legit counterfeit probably as they were back when I purchased used clothing from thrift stores and didn't realize they were knock offs. The other 3, including this recent one, were not counterfeit at all. And 2 of those 3 were in this past year. It's like the rights owners are grasping for some reason.
albertabrightalberta
·1 year agoSorry for all my posts on this subject. It's a subject that I watch closely and feel strongly about.
I'm not sure whether a lot of the posters are in the "just give up and go away" school of thought or if they truly believe what they say but I don't agree.
I'm strong on principle and if I know I'm right, I do fight.
1. Unless items are prohibited or restricted (weapons, hate materials, prescription items, etc.), first sale doctrine does give us the right to resell any items we obtained legally, whether purchased at yard sales, discounters, thrift stores, department stores or from dumpster diving.
2. Some companies (such as Mary Kay) prohibit their contracted salespeople from reselling their products online. Because those sales people sign a contract agreeing with MK's terms, they are bound by it. But if I bought MK products from one of their sales consultants, I AM absolutely allowed to resell that brand new makeup if I want. I didn't buy their products wholesale from them, never signed a contract agreeing to only sell to customers at retail and I own the product and can do with it as I please.
3. If an item has not been used, it can be sold as new. One need not be the first owner.
4. If rights owners are bullying sellers, a lot can be learned on how to fight back by googling and reading Tabberone's website.
In fact, in January, 2010, there was an uproar on ebay's community boards and on Tabberone's site when Gucci UK was knowingly removing genuine items because they didn't want their products resold on ebay.
It was only after Tabberone and dozens of sellers got involved en masse threatening Gucci with a lawsuit that Gucci backed off, accepted that independent sellers were allowed to resell their items and all VeRO dings were removed.
Note that they still will remove counterfeit Gucci items but after being threatened with losing their VeRO status, the arbitrary removal of authentic items stopped.
inhawaii
·1 year agoYou need to take it up with the right owner in the message ebay sent you when they took down the listing.
It's a time consuming and lengthy process but I have done it before.
Good luck.
redlinear
·1 year ago@spreadlovelikefire
On the bright side, you'll be able to see this on your ended listings page for like...ever
spreadlovelikefire
OP1 year agoI deleted if off of there. It was on there all day yesterday but I figured out how to remove it, lol.
redlinear
·1 year agoHow??? Mine stayed there for months!
BTW: I part out vehicles. Got mine for a set of used coils. 2003 model Jaguar. A 20 year old set of factory oem "bosch" coils.
Unbelievable...
I threw em in the trash and went on
albertabrightalberta
·1 year agoIn answer to your specific question, I have received responses and reinstatement of both Bvlgari and Gucci listings. And both rights owners submitted documentation to ebay to remove the false VeRO violations.
But I submitted more than a receipt as "proof." Receipts don't prove much other than a genuine receipt proving that an item was purchased. Whether that receipt is for the purchase of the item in question isn't known.
spreadlovelikefire
OP1 year agoThank you. So I probably won't hear from this rights holder which is fine. It's a one off type of thing anyway. I was just wondering how often sellers get these overturned and if its worth more than one email. And totally agree with you on the "if you are selling a new item but you are not the original owner then it's not new" thing. Most items that are goods are over a couple years old when they hit the store shelves. By that logic, eBay wouldn't be able to offer the "new" item as an option unless you were a designated distributer of that brand or the actual brand itself. However, they do. An amazon does also and amazon isn't a manufacturer either. And they have individual sellers who ship them their items to keep in warehouses. My neighbor is one. She does the same thing I do. So not only did she buy it from a retailer, then she ships to another vendor to sell on their site.
Thank you for your replies and experience. I do not get these often but was just wondering what the likely hood is of getting it reinstated. I shall move on with my day and not think about it any longer. Unless they miraculously message back. In which case I'll update this thread.
adamcartwright
·1 year ago@spreadlovelikefire
I had something taken down as "counterfeit" which I had received first-hand from a company rep.
I understood from eBay that the company didn't want their stuff sold on eBay, so they just slapped a reason on it to get the listing taken down.
nh_sales_lv
·1 year agoWhy is Ebay Openly inviting Corporations to join Vero ?
onefootflipper
·1 year agoI know you feel wronged, but the reality of the situation is that this is a fight that is not worth pursuing and that you cannot win.
There are three common ways to deal with Vero items when you get stuck with them.
Dispose of them.
Sell them on another website.
Wait quite some time, and then bundle them with something else, don't mention the brand anywhere in the the listing and halfway obscure the label in the photos.
The fact is ebay will always side with the brand, they don't want the lawsuit and it doesn't reduce their sales by one bit, the categories veros tend to happen in are saturated already. Far more merchandise than customers.
powell-collectibles
·1 year agoMost likely the item was flagged because you were selling it as new. If the rates holder only sells to certain customers, and you aren’t one of them, anything new on eBay could be considered as counterfeit as a basic assumption. you need to sell it as used or new other.
spreadlovelikefire
OP1 year agoThese are underwear so you can't sell them as used or new other. But I've also had the same thing happen with used items.
spreadlovelikefire
OP1 year agoThe reason wasn't for not having selling rights. It says because they are counterfeit. They can say someone doesn't have rights but that is not what they are saying. A company can block a reseller from using their logos, etc. Which I have done none of that. I do not claim to be a rightful distributor of their products. All of us, do have the right to resell items we legit purchase from a retailer according to the First -Sale Doctrine. But these companies go around that by claiming they are counterfeit when they are not. I honestly just wanted to know if anyone has had any luck with a company coming back and reinstating their listing after they are presented with proof they are not counterfeit. The rights owners know they are not counterfeit.
robbie31415
·1 year agoOne of the ways these Veros hit is when you sell the product as 'new' when you aren't an authorized seller.
If you purchased from a store as a customer then you are the original purchaser so the item is technically second hand.
Since you are advertising new while not being an authorized seller then these companies will classify you as selling potentially counterfiet.
You can try and appeal it but it's not worth it since the person you have to convince is the one who had it taken down.
Better just to put your Veros on another marketplace like Mercari and move on.
albertabrightalberta
·1 year agoThat's nonsense! I don't know why so many posters think unused items have to be sold as used or preowned just because the seller isn't the manufacturer or an authorized retailer.
If an item is new and unused, it can be sold as such.
toysaver
·1 year agoReceipts are easier to counterfeit than products. Not that I'm accusing you but to eBay they are almost worthless.
toomuchstuffagain35
·1 year agoebay has stated that they do not accept retail receipts as 'proof'.
albertabrightalberta
·1 year agoOr genuine receipts can be used to "prove" authenticity of a fake. (They just show the real receipt from the legitimate purchase and assert that it's for the fake.)
And that's why ebay doesn't use receipts as proof of anything.
caldreamer
·1 year agoEBAY uses Ai bots to make decisions. EBAY customer service rep have no authority and will "tell you anything" just to get you off the phone.
Some brand names can only be sold by "authorized dealers". I would not relist this item as EBAY may terminate your account.
jonathanbrightlight
·1 year agoThere is no AI involved or needed in VeRO takedowns. If a VeRO rights owner files a complaint, eBay takes down the item. That's part of the legal requirements for them to have certain protections as a marketplace. That doesn't mean there is nothing that can be done, but you're correct that customer service cannot do anything in most cases.
spreadlovelikefire
OP1 year agoCorrect on all of this! I took pictures of the item with the receipt laying next to it and the skew. The receipt is from 2022, had to go back and dig through my taxes. I know that these companies just higher people to sweep places like eBay and they will sometimes just request to take down everything, even legit items. This particular one said it was counterfeit, not that I didn't have the rights to resell it. It's bizarre what these corporations can get away with.
tobaccocardyahoo
·1 year agoDid you offer this item as NEW?
A rights owner would certainly question the authenticity of your submission and your item and might make no response.
spreadlovelikefire
OP1 year agoThey are new in box, never opened. They are underwear. Manufactured sealed.
tobaccocardyahoo
·1 year agoThey may be inauthentic and your receipt may be totally unrelated to the merchandise.
That is not a far-fetched assumption, even if it is false.
There is no reason for the manufacturer to engage with you under those circumstances.
spreadlovelikefire
OP1 year agoSo based off of that we shouldn't resell anything ever because nothing may be authentic and there is no recourse or way to prove it? At what point is it okay to resell items? I noticed you only sell collectibles. Is that okay? Is it okay to only sell used items? I'm confused by this. Why would my receipt be totally unrelated to the merchandise? And why would they be inauthentic? What circumstances would a manufacturer engage with someone?
spreadlovelikefire
OP1 year agoI'm assuming you have never had an item removed for Vero? Or have you and haven't had success in getting it reinstated? I'm asking because in my opening statement I asked if anyone has ever had success with the rights holder reinstating their listing. So far I've had 1 person say they have on this thread. I'm looking for information on what to provide them for the best result and how long it took for them to respond? Did they have to email them a couple of times?
short_circuit.lineman61
·1 year agoOn most Vero take downs the "rights owner" has no idea if it counterfeit or not and do not care
jonathanbrightlight
·1 year agoIt is possible for items purchased at retail stores like Kohls to still be counterfeit. If the rights owner never responds, though, you should be able to contact eBay customer service and they can reinstate the listing or remove the claim even if you don't relist the item. I have had a claim successfully removed by the rights holder, years ago, but have not dealt with this recently, and have not personally dealt with a situation where the rights holder did not respond.
toomuchstuffagain35
·1 year agoIf the so called rights owner fails to respond to the seller ebay will do NOTHING. (except maybe say too sad too bad, our hands are tied).
spreadlovelikefire
OP1 year agoI'd hope that retail stores aren't selling counterfeit items. I did a quick search and couldn't find anything saying that Kohl's would be selling counterfeit items. They've been accused of deceptive pricing but counterfeit is not on the list. I was unable to find any lawsuits or anything relating to them selling counterfeit items. I would assume that if that were true there would be lawsuits or at least some type of report about it.
kensgiftshop
·1 year agoI'm sure there are some that do and not even know it.
I don't know how Kohl's does their returns, but I know some stores don't even check them, they just tape up the box and put it back on the shelf.
Buyers will buy legit items, switch their fake item and return the item to the store.
Some, even if they check the items, might not know it's fake.
spreadlovelikefire
OP1 year agoYeah I get that. These are not counterfeit. In fact, I have several different sizes of them, only one particular size was taken down. And you can go to their site and see with the UPC that the exact item pops up. They are not counterfeit but I totally understand what you mean. The box has not been tampered with, has all the manufacturing seals on it and you can tell it has never been open.