posted on October 21, 2005 04:23:45 PM new
I have had ALL of my listings pulled by ebay for a few different alleged violations, I know these reports came from a disgruntled person who has taken much of his time to have me either suspended or have my auctions removed. First it was a group of auctions that were closed for “autographs and certificates of authenticity” ALTHOUGH, none of these auctions stated autograph or signature! The second group was closed for “Authenticity Disclaimers Policy”, All that was listed was the Artist, TITLE, MEDIUM, CONDITION, SIZE, and a bio. The very last ONE auction was closed for “removed per Section 9 of our User Agreement “ (which is ambiguous at best). It’s incredible the amount of time people can spend just to cunningly devastate someone’s business.
The auctions removed did not violate any ebay rule, in fact there are many auctions that copy and past my information, I have reported those auctions with the same art, under the same category, for the same violation – nothing has happened to those auctions – this, along with no answers to repeated calls to ebay and emails make this a very suspicious situation.
As I have mentioned, I have emailed many ebay avenues, through ebay and directly, I have left messages’, namely for a direct line I have, plus I have made countless calls to all of ebays numbers (more than a dozen) that go nowhere.
I have not violated any rule. I have my auctions stored on my auction launch program, I looked them over carefully for ANY tiny mistake or violation I might have made, I see none. MANY of these auctions CLEARLY describe ONLY the Artist, TITLE, MEDIUM, CONDITION, SIZE, and a bio. I NEED to know WHAT it is that was wrong, I SEE NOTHING , never the less after a second day ebay will not respond. If I was to re-list I will likely be suspended (according to the notice). This is my life, I have invested all of my money into this business, I have always made sure I made no errors because, this is my business.
IF there was a mention on any of my auctions of a COA and there was an issue, why would I not get a notice, or a warning so I can edit the coa information with the originators information. AS in the past I was warned for having my website address on my auctions which (at the time) was my ebay ID, I fixed this. This COA issue obviously a new rule that I, and from a current search on ebay, many others are not aware of. This should be a simple warning to remove that information. Never the less, dozens of my auctions were pulled by ebay that only stated the Artist, TITLE, MEDIUM, CONDITION, SIZE, and a bio – this is the same description that I had done for over five years, as well as other dealers. I pay ebay an average commission of $20K a year, I am a legitimate member in good standing with favorable feedback of 99%, I am a power seller, a share holder, and my plan was to open a store for November – why not give a call or email to say HEY, you did this, fix it or lose it – I get calls from ebay on other issues.
I am an approved art dealer, I buy directly from the estates, original publishers, etc. and I have an application into the ADAA Appraisal Service. I can have letters from the publishers faxed to ebay. I am beside myself, bewildered, just plain out disturbed by this. I need to get back to business and secure my occupation on ebay. I have invested too much trust, too much time, and all my money in this ebay business to give up this easily.
I need to SPEAK to someone. I am also a power seller and share holder, does it matter?
I do not feel confident to list if I am going to be suspended for something I am not aware of. I don’t understand why everyone else can have the same piece of art, description, category, etc, and still have the auction running after I personally reported them for the same violation, namely "Authenticity Disclaimers Policy". I don’t get it and nobody I have shown this to doesn’t either.
posted on October 21, 2005 04:33:37 PM new
I feel your pain. I have had auctions pulled for non-existent violations before. I doubt that the eBay "investigators" take the time to make sure they're pulling auctions for legitimate reasons. They just pull them. It's frustrating and maddening. I know that a competitor complained to eBay. It's just too bad people can't keep their minds on their own auctions especially when no violation exists.
I wish you luck with this one! From your post, you appear to have a valid complaint.
posted on October 21, 2005 05:10:45 PM new
Thanks!
Back in 2001 I was suspended three times within a Month "in error", I came here for help and got it! I had a person turning me in every single day (info on the sly), the person that turned me in eventually was suspended indefinitely (by his own hand). This situation is also a nightmare. I know I have stalkers and many who would love to see me off ebay, it is a shame people need to lower themselves to this level. If only they spent this time on their work
With Vendios message board you can help me to sort this out. The night this happened I woke at 3am and did not go back to sleep till 10 om the next day… If I did something consciously wrong I’d fix it, but this is not right.
posted on October 31, 2005 02:50:21 PM new
My powerseller status was pulled a few days ago because of this unexplainable issue, furthermore, I am restricted from listing additional items.
Never the less, I made no “explainable" violations, I'm not suspended, also my new listings are denied.
-Has anyone ever seen this before?
I finally spoke to someone at ebay today that was higher up on the no brain chain.
She (ebay) said “"someone" within (connected to) an "organization" had some concerns about your auctions”, although she could not specify what concerns. She said she will give me details after she investigates this.
I asked her why I would not get a call or email regarding what I could possibly have done, she said she don't know, and she will get to the bottom of it.
99% pos rating, powerseller, over five years of auctioning art on ebay, no complaints on ebay or paypal, and they strip me because "someone" connected to an "organization" had some concerns about my auctions!?
(I’m looking for a business where I can push around the customers and have them pay me for it – oh, ebays taken..)
I asked her (ebay) HOW all of my auctions could be pulled for no reason other than a "concern" she said don't know and she will get to the bottom of it.
I explained to her that this is about as comparable as my wife walking in and saying "I want a divorce" and not having a reason, or getting fired from a job, yet not having a reason, and then coming back to my house or office and having the locks changed.
I have made countless email to ebay comparing my auctions they closed to at least three others with the same piece of art in the same category with the same description. No replies, just auto-replies. I picked apart these auctions and showed my description in the email, asking what on earth was wrong, no replies, just auto-replies.
I have been dealing in art for 15 years, I have my MA, I am an expert in the art I sell, I buy from experts and the publishers, I obtain other information within the artists catalog. I have gone over the rules and made sure not to make any violations on ebay as I am quite aware of how quick the ebay trigger finger is and how many people are put out of business because of uneducated competitors jealousy.
I actually HAD TO start ebaying because of ebay, I got sick of customers saying “I could get this on ebay for 50% less” etc..
From what I was told today, there is an outside organization that controls the art category on ebay, an outside organization that I do not know of, that I do not belong to, or cannot find ANY information on, an outside organization that has a member who wants to see me off ebay, an outside organization that is pushing the buttons on the ebay art catagory.
posted on October 31, 2005 02:59:56 PM new
Very strange indeed. Is there a chance that some of your art is copy-writed material, ie; prints?
It does not seem fair to be suspended unless someone can specifically tell you what is wrong with your auctions. There has to be some kind of mediator for this. Please keep us updated.
“Authenticity Disclaimers Policy" - what the heck is that???
posted on October 31, 2005 03:15:31 PM new
NOTHING was copy-writed material. IF it was, it would be a VERO deal, although, it was not copy-writed material. I obtain my art directly from the publishers, experts, estates, and the like.
Some of these are listed at this very moment,by many dealers on ebay with the same catagory, description, ect. Same lithographs we have listed for more than 5 years!
posted on October 31, 2005 04:03:33 PM new
The "organization" she referred to is probably a group that is getting ready to flood the category with a lot of counterfeit artwork, and they are trying to get some of the bigger sellers out of the way. I suspect some of your competitors may be having the same problem. Ebay really doesn't care if it's legit or not. All they care about is the fees. They are an auction site, they will sell their souls to the highest bidders.
A $75.00 solid state device will always blow first to protect a 25 cent fuse ~ Murphy's Law
posted on October 31, 2005 04:13:36 PM new
why dont you be more specific what exactly are you selling and what are the exact words from ebay when they pulled your listings??
posted on October 31, 2005 04:17:14 PM new
I can't believe that's true Sparkz. Ebay is big and it moves slowly but I really doubt that they welcome counterfeiters with open arms because of the fees. This sounds like one humogous SNAFU!!
Bill Cobb is having a Town Meeting on November 2nd ... submit a question to him - maybe you will get lucky and he will take up your case.
You should also post on the ebay boards ...they are monitored by ebay personnel and if you can just get their attention....This sounds very unfair ! You have to get to the ebay higher ups somehow because most of the CS reps know diddly squat about ebay!
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there were many differnet artists, mediums, ect. I can only give you the jist of it. It is information taken from the COA with added information such as catalog info, etc.
Artist:
Medium:
SIZE:
CONDITION:
EDITION:
Plus a Bio of the artist.
With more expensive pieces I will add in Catalog (ref.) info and mention the justification du tirage (publishers COA)
<B>I'm very detailed.</B>
If a piece is signed in the plate, or pencil signed I mentoin it. There were NO hand signed pieces in this lot of auctions.
then I add in my disclaimer at the bottom of every auction.....
We show actual photographs ( watermarked images ) of any piece for auction. Listed art is in our possession!
I trust we have provided you with a sufficient amount of information as well as photographs. If you need specific information that you need to know prior to bidding, or buying, please, e-mail me by clicking on the "ask seller a question" link. Our photographs may view visibly watermarked, or stealthily as encrypt Adobe watermarked, these will NOT be on the actual piece of art up for auction. Contact us if you wish to use any of our images.
If you have any related questions, need clarification, or, need close up pictures of any section of this piece for auction, please e-mail by clicking on the "ask seller a question" link prior to your bidding. Pieces not listed, as hand signed should not be assumed they are. Pieces not listing a coa may not include one; anything not stated within the description should not be expected unless described. Questions regarding a closed auction are no longer answered. For more information, please check our 'me' page by clicking the 'me' at the top. We may re-list after 15 days.
All related questions are welcome prior to this auction close...
Our Photographs of any art we auction are not modified other than rare lighting adjustments (watermarked), more than usual desirable cropping, no more.
Gallery and dealer inquiries invited.
I accept the following forms of payment:
* PayPal
* Money Order
* Personal Check
* WIRE TRANSFERS on auctions OVER $400US -
Preferred Checkout
All winning bidders are asked to reply to the automated winning bidder notification within the standard three days. We also ask for the winning bid payment within the customary one full week. We will re-list after 10 days of non-payment then follow the eBay non-payment procedures. We may possibly obtain your contact information after the first day of any winning bidder \ buyer under a reasonable feedback rating of 5 to assure legitimacy of bidder \ buyer.
For fastest processing of this order, please use Vendio Checkout!
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Policies
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We are your source for RARE fine art pieces, including a mixture of original artworks, and so much more. We are private art collectors for well over 15 years. We obtain our fine art from all over the world! Our art collections consist of many popular mediums by many infamous artists! These works are now offered online at auction, often below cost, below wholesale, and below gallery price.
Our open bids or buy now prices should never be confused with final value of art sold through ebay.
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All art pieces are professionally packaged and shipped by a third party shipping and packing service. Domestic packages are shipped UPS and USPS three days a week. International packages are shipped once a week.
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All non U.S. countries must verify the exact shipping cost prior to your bid; also, outside U.S. bidding countries must agree to, all shipping rates, taxes, or duties that may apply (in addition to bid win or buy now cost). All Countries except Africa (due to overwhelming fraud) are always welcome to inquire about any auction we may have by clicking on the "ask seller a question" link.
International bidders are asked NOT to pay for the auction until the exact shipping rate is agreed upon.
We will NOT take International Money Orders or International Checks of any kind.
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We fully guarantee the authenticity of the art work as we have described it. We have a seven day inspection on all art - expect this auction and all of our auctions to be as described or your money back! All auction items are sold as is on final sale after the seven day inspection approval period.
posted on October 31, 2005 05:15:45 PM new
two questions-
first,you said your competitors sell similar or identical artworks and copy your content,so how could you and them turn each other in??
second,
for a professional dealer,why dont you accept credit cards direct ?Do you have a merchant account??
posted on October 31, 2005 06:29:22 PM new
I'm not confident who did this, on the other hand, I have a few people in mind; one is a dealer on ebay, another is a live auction dealer through ebay (very connected) who asked me not to auction on ebay because he wanted me to sell through his company, I hear he's going public and wants to appear very big, yet I think it may be someone else.
I only reported some auctions that were practically identical to my auctions taken down to see if they would also be pulled, there were not.
I don't do enough volume in CCs to accept credit cards direct and don't want the hassle. One of my suppliers that supplies dealers does not have a merchant account either. There is a lot of people, mainly dealers of art and diamonds that don’t take CC.
There is no doubt, someone wants me off ebay, I don’t think ebay went out to get me, I think someone connected was out to get me.
I wonder if I can have my attorney subpoena the info out of ebay for a slander (or liable) suite. I know those are tough cases but at least I’ll have my info and maybe file some sort of something or another to keep the person away. I can look it up in my law books. I’m not letting anyone walk all over me for no legitimate reason, that is for sure.
posted on October 31, 2005 06:56:31 PM new
Does anyone remember the name of the small seller who took on ebay and won? I think it was a VERO issue but kind of along the same lines. I have heard that she'/he has helped others with similar problems but the name escapes me. I am going to check google..
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I don't have time now but google "seller win ebay lawsuit VERO" and there were all kinds of results - maybe something there will help you.
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posted on January 17, 2006 12:01:43 PM new
Here we go!
I called Megs secretary and was ultimately contacted by the person who closed my auctions. Here is the reply in part, it is rather long considering the copy and past of the agreement which runs me in a circle and is worthless without explanation so I only include the first paragraph.
“Thank you for taking the time to write to eBay and to call eBay with your concerns.
I reviewed this information with XXXXX, who spoke with you earlier today,
and we noticed that you may have received misleading information as to why your listings were ended. I apologize for the confusion”
--
After I thought I had cleared up the last issue, I thought I would drop it, now, I’m getting upset.
--
Asking an attorney buddy to look this over with me and find what I could have possibly have done, we came to the conclusion it may be a COA issue. I state “Publisher” COA included. It came to my attention, when stating a COA you must mention who it is provided from, although I state “Publisher” COA , I find that a bit petty. I made many reports about auctions with that issue and NOT ONE was closed. I am being singled out.
I just stopped ebaying for a couple weeks, the ebay fees came in and my CC was hit, now going up to 4k. I decided to ebay again, this time starting fresh, new ebay ID to shake whoever was stalking me and trying to shut me down.
Again, I studied the ebay rules with my buddy, and came up with my “policies” that meets ebay and the International Fine Art Dealers Associations regulations. You can view this policy on my auctions or me page, the ebay ID is tangible_assets! Which I am dumping so I don’t care who sees this.
I also ask anyone to come up with any minor error or violation, we can’t find one!
I have 100% pos feedback at the moment, not one issue, not one error or mistake. Today they did it again! Pulled dozens of auctions for no reason. The reason I got.
“eBay reserves the right, in our sole discretion, to remove any work of art listed on the site if we believe that
the listing of the item is inconsistent with eBay?s goals of promoting the art marketplace and maintaining a safe trading
environment.
Further, eBay may remove such listings if we believe that the sale of the item might create liability for the buyer, the
seller, or any third party. Sellers whose art listings have been identified as problematic may be warned, have their
listings ended, or have their account suspended from all eBay buying and selling activity.
We suggest that you carefully review eBay's Code of Conduct for Selling Art at the following link:”
I DID READ IT, I READ IT WITH AN ATTORNEY! I did nothing wrong!
NOT one art dealer on ebay is more detailed than I, not one!
posted on January 17, 2006 12:41:36 PM new
Time to use that attorney to get to the bottom of the situation. Good luck. Don't you just hate their form letters? If they want to pull auctions they should show specifics in that auction for it being pulled not a form letter telling you to go read their rules. That is like asking you to go find the needle in a hay stack that may or may not be there. I feel for ya.
**************
Can't touch this! uh huh, uh huh.
posted on January 17, 2006 12:48:23 PM new
Are you a Power Seller? I saw that Tabberone had posted on the Power Seller board not so long ago...try posting your saga there...maybe she or someone there can help?
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posted on January 17, 2006 01:56:24 PM new
Art, you might also want to look at the source of your BIO info. If you are pulling your info from the internet, it might still be copyrighted material. The copyright holder has the right to complain.
Just because someone posted copyrighted material on the web does not necessarily make it public domain for reproduction use.
posted on January 17, 2006 04:44:35 PM new
I was a power seller the last time. I was offered power seller status although did not join until this issue came up. I joined, I posted, I used the "special" customer service, all with no replies. By the way, they took that power seller rating back a few days after the auctions were pulled. Kinda like getting robbed at gunpoint, twice in one day.
The bio cannot be the issue, most dealers use the Britannica, or a paid site, like artnet, etc. I PAY a fee for information, information that is difficult to obtain.
I was just answering a "question for seller" the party wants to buy a lot of art, they want to send me a check from a customer and they want me to send the cash difference to Nigeria.
Anyway, I went to my "my ebay" and seen the notices on my alert, the Subject is: NOTICE: eBay Auction(s) Cancelled - User Agreement - Abusing eBay.
posted on January 17, 2006 05:14:13 PM new
I imagine that because of the plethora of bogus "Sad Clowns & Velvet Virgins" pawned off on feeBay as da gen-uine article, feeBay instituted the...
“Code of Conduct" for Selling Art on eBay, Inc.
This Code of Conduct has been drawn from specific terms of sale that are considered "general trade practice" within the organized art community. It neither replaces nor supplants eBay's User Agreement or general seller policies, but rather, supplements those policies. Sellers are encouraged to abide by these guidelines when selling works of art on eBay:
I agree not to knowingly sell, exhibit, trade, produce, or advertise any unauthorized copy or reproduction of any work of art.
I agree that a reproduction (in the form of a poster, print, or exact replica painting) is authorized only if it does not violate any applicable laws, copyrights, or trademarks.
I agree to the following conditions when listing an exact replica painting:
The words "Reproduction" or "Repro" are included in the title.
The item description clearly states that the work is a reproduction.
I agree that I may include the artist's name in the title of the listing only when listing a work by the artist him/herself or an exact replica of the artist's work. I may not include the artist's name when listing a work done "in the style of" an artist.
I agree not to disclaim knowledge of, or responsibility for, the authenticity or legality of an item that I describe as genuine. I further agree not to describe or market any item as genuine if I cannot provide reasonable evidence to prove its authenticity.
I agree to fully disclose any information concerning alterations, conservation, or repairs performed on the work of art in a clear and prominent manner within the item description.
I agree not to knowingly participate in any way in the advertisement or sale of any work of art using any deceptive practices, including, but not limited to, false or misleading claims of the item's scarcity, value, provenance, condition or investment potential.
I agree to abide by all laws relating to the sale of works of art and to assist in the prosecution of violators of the law in this respect."
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
I feel terrible for you, AA, but it's diffucult to swallow yer scenario of EVIL-EMPIRE KAFKA-BAY swooping down upon yer blameless head and turning you into a potato-beetle overnight for NO REASON what-so-ever...
As David Steinberg used to say to his dog:
"Booga, booga, booga..."
posted on January 17, 2006 05:21:44 PM new
So sorry this is happening to you. LtRay had a good point about the bio. Columbia Encyclopedia holds the copyright to your Toulouse-Lautrec bio and they license it to a number of other sites. (Doesn't always mean those sites can grant publishing permission to others) Columbia may be watching auctions closely to protect their copyright and file with eBay whenever they sense an infringment.
posted on January 17, 2006 05:25:26 PM new
Is there any chance at all that the content of your art is being considered obscene?
______________________________
posted on January 17, 2006 05:50:07 PM new
tOMWiii
read any of my auctions (tangible_assets! ) - read the policy, I meet the code on ebay any international art dealers assosiation.
I'm not saying it is ebay, it is "someone" using ebay, someone who either knows someone at ebay or something like that. I do know a very large dealer who has some very good conections at ebay. Why do that give me no answers? Point out a mistake or error or violation for God sake.
THe bio is a far fetch, every dealer does this on every site useing the same sources. It never a problem, and why wouldn't ebay give the reason of copyright
Not obscene either, I've been over that issue as well. They pulled a couple auctions, I was able to re-list once I proved my point.
All good points though..
I found an auction on ebay that sold the FOLIO for the lithos I was selling. That auciton is Item number: 7381494659 . I forwarded this info to ebay as further proof my auctions were legit and detailed.
posted on January 17, 2006 06:43:09 PM new
.... I was just answering a "question for seller" the party wants to buy a lot of art, they want to send me a check from a customer and they want me to send the cash difference to Nigeria.....
Is this all for real? Cancellations of auctions, copyright infingement, "Nigeria" I find this all so hard to believe.
