Ebay Item sold and paid for, but ebay has removd listing

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Hi there, i sold an item on eBay and it was paid for by the member by paypal, now a couple of hours later eBay has removed the listing because they reckon i have breached copyright VERO? by using a similar listing (which i have contested)

what would be the best option in this case

a) refund the buyer

b) proceed with sending the item out (if the buyer is happy to continue) (will be sent via insured signed for courier)

i don't want to have sent the item out and then the buyer still somehow gets his money back, i know it shouldn't be as simple as that but after all it is ebay & paypal, so anything can happen.

any advice is appreciated please

thanks

Akay
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Comments

  • frivolous_fay
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    Bit confusing - VERO isn't related to copying listings. What did they tell you exactly?

    The value of the item would give us a clue of the level of risk involved :)
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • Akay_3
    Akay_3 Posts: 43 Forumite
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    Hi there thanks for your reply, the item was £150, it is a bit silly because i copied the text and pictures from the manufactures site (i have contested and shown them the proof and am awaiting a reply)



    .....


    [FONT=Arial, Verdana]Thank you for your recent Fixed Price listing on eBay. Unfortunately, your item(s) breached one or more of our policies and had to be removed from the site. Any associated fees have been credited to your account and any bidders on this item have been notified.[/FONT]

    [FONT=Arial, Verdana]Why did we remove your listing?

    Members are not permitted to use another member's listing's text or images without that member's permission. Using another member's listing's image or item description may violate copyright laws. Images and text used in another member's listing may be protected by copyright law.

    Therefore, you should not copy an image or text from another member's listing without obtaining permission to use that content. We encourage members to write their own item description and take their own photographs
    [/FONT]


    [FONT=Arial, Verdana]Although there may be similar items currently listed on eBay, please be assured that your listings have not been targeted in any way. We review all listings that are reported to us by eBay members and participants in the VeRO (Verified Rights Owner) Programme, and we rely on these reports to help keep eBay a safe and reputable place to buy and sell.[/FONT]

    [FONT=Arial, Verdana]Here's what to do if you have further questions:

    1) To find out more about our intellectual property policies and VeRO take eBay's brief tutorial by copying this link into a new browser window:

    2) You may also find it useful to read the "Why eBay May Remove Your Listing" Help page by copying this link into a new browser window:

    3) If your item was ended by the VeRO programme, and you think the listing was removed in error have a look at the rights owner's About Me page to review their infringement policies. Then, if you still think that your listing was removed in error, please contact the rights owner and let them know.
    [/FONT]
  • Nex0
    Nex0 Posts: 913 Forumite
    First Post First Anniversary Combo Breaker
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    Akay wrote: »
    it is a bit silly because i copied the text and pictures from the manufactures site (i have contested and shown them the proof and am awaiting a reply)



    .....

    Its not silly at all as your not allowed to do that as the pictures will be copyrighted and you didn't write the description.
  • Akay_3
    Akay_3 Posts: 43 Forumite
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    really? ive never had that problem before, the pictures put on were my actual pictures, except the logos like directx, nvidia etc... the text for the item was taken from the manufactures site, giving the specification of the hardware, im pretty certain every single ebay listing has the same information i have put in my listing, so i dont think that should have been a problem.
  • Nex0
    Nex0 Posts: 913 Forumite
    First Post First Anniversary Combo Breaker
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    Akay wrote: »
    really? ive never had that problem before, the pictures put on were my actual pictures, except the logos like directx, nvidia etc... the text for the item was taken from the manufactures site, giving the specification of the hardware, im pretty certain every single ebay listing has the same information i have put in my listing, so i dont think that should have been a problem.

    If you put a link to it you should be fine but copying and pasting they wont like.
  • frivolous_fay
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    Akay wrote: »
    im pretty certain every single ebay listing has the same information i have put in my listing, so i dont think that should have been a problem.

    It's a problem if it gets reported, or spotted by the company and they take a disliking to it.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • anniesecurb
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    Nex0 wrote: »
    Its not silly at all as your not allowed to do that as the pictures will be copyrighted and you didn't write the description.
    Hi, a little terse don't you think? I know what you are stating is correct but just maybe he was in a hurry, give him a chance to explain what he has done and why. If his buyer is still happy then go ahead and sell it rather than a refund. As long as the buyer is fully aware there should not be a problem:j
  • Nex0
    Nex0 Posts: 913 Forumite
    First Post First Anniversary Combo Breaker
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    Hi, a little terse don't you think? I know what you are stating is correct but just maybe he was in a hurry, give him a chance to explain what he has done and why. If his buyer is still happy then go ahead and sell it rather than a refund. As long as the buyer is fully aware there should not be a problem:j

    I prefer the term short and sweet. :rolleyes:

    Not being funny but being in a hurry is no excuse if that's the case.

    Think about it if you was running your own bussiness and spent a lot of time and money on getting it setup and getting the pictures and descriptions spot on only to find someone just comes along without asking and nicks the lot.

    I know the op says he used his own pictures but im just saying in general useally they both get used.
  • Akay_3
    Akay_3 Posts: 43 Forumite
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    Hi, a little terse don't you think? I know what you are stating is correct but just maybe he was in a hurry, give him a chance to explain what he has done and why. If his buyer is still happy then go ahead and sell it rather than a refund. As long as the buyer is fully aware there should not be a problem:j

    thanks for the reply, do you think there will be any comeback, e.g. once the buyer receives the item, (he may dispute on the basis that the listing was removed from ebay)

    obviously i will have proof the item was sent to his confirmed address etc..

    but ebay / paypal may side with him on the fact that the listing was removed anyways?
    and i may have breached some rule of continuing with it outside ebay (i dunno im speculating here)

    thanks
  • Akay_3
    Akay_3 Posts: 43 Forumite
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    i was just looking in google to see what email the buyer may have received from ebay

    i assume it will be along these lines:

    http://forums.ebay.com/db1/thread.jspa?threadID=510055268&tstart=0&mod=1229817119393
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