Can I Sell Herbalife On Ebay???

verityonline

I wondered if anyone could tell me actual law or regulations about selling Herbalife products on Ebay?

I have feedback of over 1000 and have been selling for years, but I recently listed some unused Herbalife products (leftover from my diet... I've never been a distributor). The first auction was closed because I'd copied a stock photo off a Herbalife website. The second auction was closed because I was selling 'non-UK' items (I had found another less-well-known photo which must have actually been showing a non-UK version of the product). I then listed the auction without any photo. It was left to run it's course, but I've received a letter this morning from Herbalife asking me to stop selling their products.

I am rather angry that Ebay have passed on my name and home address to an outside company rather than dealing with the issue themselves, but I also find the letter rather irritating. It says '...Herbalife prohibits the sale of it's products through Ebay' and '... we ask that you discontinue sales of our products'. It does not actually state any laws that back this up, and it does not suggest what action will be taken if I don't comply. I twice made alterations to my auction to comply with their requests, and it seems Ebay are happy with that but Herbalife are making a last ditch attempt to stop me selling my few remaining products.

Can anyone tell me whether I am actually breaking the law if I continue with my auctions? There are loads of Herbalife products being sold on Ebay, I can't think that they really have any power to stop these auctions!

gavjbrown

If they don't want you selling their product on EBay, that's final. If you carry on relisting you will lose your account.

verityonline

gavjbrown wrote: »

If they don't want you selling their product on EBay, that's final. If you carry on relisting you will lose your account.

So why are Ebay now allowing my auctions to run, having corrected the issues cited? And why are there so many other HL auctions on there when their letter claims they don't allow their products to be sold on Ebay FULL STOP??? Why have Ebay not put a block on the word 'Herbalife'?

zenseeker

Ebay can't block words, it doesn't work like that. No point complaining, you've been told not too, so don't, all there is too it.

bingo_bango

As far as the law goes, the sale of Herbalife without the express permission of HL themselves by advertising it on ebay is a S.92 offence under the Trademarks Act 1994.
If Ebay didn't pass the details onto HL to say that they were trying to stop this sale, they would then be guilty of conspiracy also.

As for the penalties.....up to a £5000 fine for a summary conviction, and if you then decide to opt for indictment, the fine is unlimited, and accompanied by up to 2 years imprisonment. This Act is enforced by Trading Standards.

Don't for one minute think that this is a last ditch attempt by HL to stop you selling. This is only the start of their legal process. They also have the option to sue you under civil law, which could make a £5K fine look like small beer.

If you only have a few left then it might be worth flogging them and hoping they get through, but just bear in mind the above when doing so.

lindseykim13

have you tried sellin elsewhere, there are some good forums about to buy and sell for free on.

PinheadSK

verityonline wrote: »

Can anyone tell me whether I am actually breaking the law if I continue with my auctions? There are loads of Herbalife products being sold on Ebay, I can't think that they really have any power to stop these auctions!

In real terms, whether you're breaking the Law or not isn't the issue with regard to what Ebay will and won't let you sell.

If they wished, they could stop you selling a particular product but let everyone else carry on.

Ever heard of the saying "their ball, their rules"? You signed up to Ebay and so agreed to their T&C's. They offer a service but you have no 'automatic right' to use it. Sorry.

Just find another way to move your items on.

Sean

verityonline

A few of you are missing the point of my question... Ebay are ALLOWING my auctions, Herbalife are simply ASKING me to stop. What powers do Herbalife have when Ebay are happy to allow my auctions?

zenseeker wrote: »

Ebay can't block words, it doesn't work like that. No point complaining, you've been told not too, so don't, all there is too it.

I use the word 'block' flippantly, but they do put a 'marker' on certain words. I recently listed some Jaeger items. When I clicked list, it came up with an alert asking me only to sell genuine items. When I described another item as 'ivory-coloured', the alert came up saying 'Ebay do not allow items made of Ivory to be sold on it's website'. Something similar happened a few years ago when I was selling adult products. So, why doesn't the same happen with the word 'Herbalife'? And as for 'No point complaining, you've been told not too, so don't, all there is too it.', please could you only reply if you have constructive (and friendly!) advice!

'Bingo Banjo' - Thanks for all that! Could you point me to a source for all this? Thanks!

'Pinhead SK' - Again, you're talking about Ebay, rather than Herbalife. Ebay are ALLOWING my auctions. If they weren't, obviously I'd have to give up (as I've had to do once or twice in the past). My big issue is; do a company have a right to ask me to remove an auction that Ebay have ALLOWED?

I wondered whether there might be any Herbalife (on Ebay) sellers on this board?

gavjbrown

If Herbalife want your listing pulled Ebay will do it without question.

When your listing was pulled before did you get a message saying not to relist?.

verityonline

Gavjbrown: No, the message did not say not to relist, and the item WAS available to relist in my unsold auctions section. The message from Ebay said that the auction had been pulled because I'd used a copyrighted photo. I relisted with a different photo, but I made the mistake of using another I'd found on the net, which must have been a photo of a non-UK version, as this time the auction was pulled because I was 'selling a non-UK version' (or similar words!). Again, the item was available for relisting, so I relisted without a picture at all, and this time the auction was allowed to run it's course with no complaints.

This is the confusing thing (and the thing that I think some replies have not understood); Ebay are HAPPY with my auctions, but Herbalife are not. If Herbalife are not happy for Ebay to sell their items, why do Ebay allow these auctions... mine included???

~~Diane~~

Herbalife are probably having the listing pulled because you are not one of their consultants, and not selling face to face, like the Cambridge Diet. They don't allow you sell on ebay either.

As soon as one of their products has gone you can guarantee someone will report it and have it removed. You only have to look at other weight loss forums to see this happens.