Selling a TomTom - removed under VeRO rules!

I recently treated myself to a new Satnav system, and as my old one was still "as new" :rolleyes: I thought I'd get it listed on the 'Bay.

It has all the original boxes, instructions, keycode card, accessories etc, and has been well looked after.

Got a nice template done, loads of pictures showing each part, and the conditon it was in. Mentioned that it was a non-OEM car charger as the original TT charger was stolen, but otherwise it was mint condition and had the maps recently updated.

10 Day listing due to end on Friday night, been bid up to £80 this morning, and had 32 watchers. Looking Good!!

Logged into ebay an hour ago to be greeted with a "You have 1 Alert Notice" and nice message from ebay saying it had been removed for being a counterfeit!! First thought was it was a competitor, but further down the email it said the listing had been removed by the Rights owner, and gave me an email address to contact them - illegalproduct@tomtom.com.

Emailed them exactly what I was selling and why, and asked for an explantion.

Just got this back.
The reason we have removed your listing from eBay was due to the fact that you were reselling a TomTom product. In our User License Agreement it clearly states that the software license is non transferable.

I hope I answered your question. Feel free to contact me in case you need additional information.

So it was TomTom themselves that instigated the removal, and not eBay after another members report, but I am still at a loss as to why it has happened now? eBay have a specific category for TomTom, and a quick check a few minutes ago showed 646 being sold, with over 50 others the same model I was selling.

I'm expecting to see more being removed, but I have also replied to TomTom asking what they suggest I do with the old unit. As a matter of principle, I am tempted to take the new unit back for a full refund, and asked TomTom to confirm that resale of all second user units is forbidden under their T&C's. I paid full RRP as well - although it was mainly funded by a bonus voucher from work.

Anybody else had any problems selling a TomTom or is this something new that has been cracked down on in recently?
<--- Nothing to see here - move along --->

Comments

  • Debtworry_2
    Debtworry_2 Posts: 131 Forumite
    edited 2 May 2009 at 10:24AM
    Do you still have the Tom Tom for sale? if so which model is it and how much? a friend is after one and at the mo is borrowing mine which is very inconvenient.

    You can email me if you prefer:

    Thanks
  • powertron
    powertron Posts: 324 Forumite
    There are lots of sellers selling tomtom software on sd card or with a mobile phone. This is illegal however I cannot see how they would have a problem with you selling the actual unit? There are hundreds of them on there.

    If I were you I would find 10 similar auctions to your one and inform ebay that these are violating their terms and condtions and see if ebay remove any of them. If they do then you could start a whole chain reaction with everyone reporting each other.
  • StaffsSW
    StaffsSW Posts: 5,788 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I've had an email back from TomTom BV stating that it is against the End User Licence Agreement to resale the Software, but not the hardware.

    I have asked for clarification, but it would appear that they will permit the GPS receiver & screen unit to be sold, but the memory has to be wiped before. If I get the answer I am expecting, god help anyone selling a TomTom on eBay today - my reporting finger will be working overtime - much to the disgust of a number of zealots on MSE who took exception when I tried to find a standard policy on using "as new" in the title...

    Dealing with TomTom is just as painful as dealing with eBay, but at least the responses I am getting are hand typed, albeit very succinctly, and not a pre-canned template.
    <--- Nothing to see here - move along --->
  • b33r
    b33r Posts: 905 Forumite
    Part of the Furniture 500 Posts
    stevew8975 wrote: »
    I've had an email back from TomTom BV stating that it is against the End User Licence Agreement to resale the Software, but not the hardware.

    I have asked for clarification, but it would appear that they will permit the GPS receiver & screen unit to be sold, but the memory has to be wiped before. If I get the answer I am expecting, god help anyone selling a TomTom on eBay today - my reporting finger will be working overtime - much to the disgust of a number of zealots on MSE who took exception when I tried to find a standard policy on using "as new" in the title...

    Dealing with TomTom is just as painful as dealing with eBay, but at least the responses I am getting are hand typed, albeit very succinctly, and not a pre-canned template.

    Why take out your anger on other ebay sellers for something which at the end of the day is just a stupid term and condition by TomTom? It's like if I got caught speeding ringing the police whenever I'm a passenger in someones car and they slightly creep over the limit and that I would say would be more justified. You'll just be wasting your time and effort for something without any results.

    Just find another way of selling it, supermarket boards, local paper, likely to get more anyway as no/lower fee and less competition.

    P.S. No I'm not selling a TomTom on ebay atm if you were wondering and I do feel for you, it is certainly a stupid condition by TomTom. And if placed in the same position I would consider what you said about taking your new one back out of principle.
  • StaffsSW
    StaffsSW Posts: 5,788 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I've just reported 63 separate listings for TomTom Mobile 5 / Navigator 6 systems - some were blatant copies of software on CD, other were separate units like my own that I was selling, and some were bundled with a phone.

    Each link has also been emailed to "Jelle" at Tomtom who I've been in contact with. Let's see just how consistant the policy is then - I've had to take the Vero Tutorial before I could sell again, and as far as ebay are concerned, I have listed by the book - I am selling the OEM software, with the original hardware. If eBay/TomTom want to instigate policies then surely they need to be in a position to enforce them properly, whats the point of having policies if they are only half-heartedly applied?

    Bitter? Possibly, but why should I take this lying down?

    My experiment with reporting "As New" items led to dozens of low value items being pulled, but not the higher value ones. Call me cynical, but maybe eBay appreciate the higher FVF's that these attract.

    Bring on the abuse!!! I work in Operational Auditing for a multi-national, I think I'm pretty used to taking grief for laying down the law!
    <--- Nothing to see here - move along --->
  • powertron
    powertron Posts: 324 Forumite
    b33r wrote: »
    Why take out your anger on other ebay sellers for something which at the end of the day is just a stupid term and condition by TomTom? It's like if I got caught speeding ringing the police whenever I'm a passenger in someones car and they slightly creep over the limit and that I would say would be more justified. You'll just be wasting your time and effort for something without any results.

    It might have been an ebay seller that reported the OP in the first place. If he is not allowed to sell it no one should. Ebay impose a silly rule, they should abide by that rule for everyone. Ebay deserve to lose thousands in lost profits for being so wishy washy with their rules.

    I once got a listing closed because I was selling an imported dvd that was out on region 1 but not region 2. Well hell hath no fury as I grassed up everyone else that was selling the same dvd and ebay turned into a warzone with users getting suspended and grassing each out up left, right and centre.

    If I can't sell it, noone else should be able to fill ebays pocket with money with the same item.
  • b33r
    b33r Posts: 905 Forumite
    Part of the Furniture 500 Posts
    I totally agree with you on the copy front but people in the same position as you? Common that's just sad.

    I hope you enjoyed your tutorial you theif! Scum of the earth you for breaking the T's and C's! :p Hey you did ask for it :p

    j/kin by the way :)
  • b33r
    b33r Posts: 905 Forumite
    Part of the Furniture 500 Posts
    powertron wrote: »
    It might have been an ebay seller that reported the OP in the first place. If he is not allowed to sell it no one should. Ebay impose a silly rule, they should abide by that rule for everyone. Ebay deserve to lose thousands in lost profits for being so wishy washy with their rules.

    You keep saying ebay but I got the impression from the OP it was TomTom who sent ebay a specific link saying to take it down...
  • powertron
    powertron Posts: 324 Forumite
    stevew8975 wrote: »
    much to the disgust of a number of zealots on MSE who took exception when I tried to find a standard policy on using "as new" in the title...

    Are we not allowed to sell things 'as new' anymore?

    I've been doing that for awhile, wasn't aware that was frowned upon.
  • StaffsSW
    StaffsSW Posts: 5,788 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    powertron wrote: »
    Are we not allowed to sell things 'as new' anymore?

    I've been doing that for awhile, wasn't aware that was frowned upon.

    A few of us have had fingers burnt with that -

    http://forums.moneysavingexpert.com/showthread.html?t=530908
    http://forums.moneysavingexpert.com/showthread.html?t=504116

    I'm narked at eBay for their inconsistancies and reactionary & cavalier methods of policing. All this bullsh about making the site a "better experience" is only spin for "raising revenue."

    It maybe my own fault for using good keywords to get the listing noticed, but it's not hard to search for "Nokia TomTom" and find dozens of listings that are also in breach.

    And blimey, taking tutorials on Vero and "Search & Browse Manipulation" within a few months of eachother, I do feel like a pariah! I'm off to birch myself in pennance.
    <--- Nothing to see here - move along --->
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