Favorite Ebay Sellers/MUA-Swappers?

melaniumom

Well-known member
I'm sorry if I am beating a dead horse here, but I just got this email from ebay without any questioning on my part and thought ya'll would like to have any info available.

I would like to offer some more specific information regarding your
recently ended auction. Hopefully it will be helpful.

The offering of decants on any of eBay's platforms will no longer be
allowed. We will be enforcing this policy to all members and it went
into effect immediately.

Perfumes, lotions and cosmetics that are decanted by a seller and
filled
into other containers such as bottles, sprays, pens, etc, are not
allowed on eBay. These are considered to be infringing on the Rights
Owners trademark and will be pulled from eBay's site.

Using another company's trademark in a way that may confuse buyers
about
the source of goods or services, or confuses buyers into believing that
the seller is affiliated with, sponsored by or endorsed by the
trademark
owner is both illegal and against eBay's policies. Examples include
counterfeits, unauthorized replica items and items that bear the brand
or logo of a company without that company's permission.

If the product you are listing bears the brand or logo of a company,
but
it wasn't made or authorized by that company, don't sell it on eBay. If
you have any other active decant listings please remove them as soon as
possible, to avoid having the Rights Owner or eBay removing them from
the site.

***Important***
Ended listings of this type may result in a range of actions, including
listing cancellation, limits on account privileges, account suspension
and forfeit of eBay fees on canceled listings.


Hope this helps to answer any questions regarding the pull of pigment samples on ebay
 

ratmist

Well-known member
Update on samphora-face-treat:

I got the 15 pressed pans yesterday and the separate MAC 15 pan palette today (she ships them separately to avoid crushing the pans).

I am absolutely thrilled with the purchase. She ships from Oklahoma and I live in Scotland - and not a single pan was broken or dented. She packages them by putting each pan into an individual small zip-lock bag... then takes a few of those panned-bags and puts them into another zip-lock bag... and then wraps the bundle with loads of bubble wrap (with a note on top to 'Pls open carefully'). I had 15 pans, so she had about 4 or 5 'bundles'. She shipped in a jiffy bag too, so despite the long trip to the UK, and doubtless some rough handling along the way, everything was perfect.

I'm extremely pleased!
 

sakura88

Member
Has anyone purchased from Ebay sellers "sturgis09" or "lisaw631" before? Any feedback would be greatly appreciated!
 

Gemstone

Active member
Quote:
Originally Posted by melaniumom
Perfumes, lotions and cosmetics that are decanted by a seller and filled into other containers such as bottles, sprays, pens, etc, are not allowed on eBay. These are considered to be infringing on the Rights Owners trademark and will be pulled from eBay's site.

Hmmm, I am quite familiar with US copyright law; I wonder the ebay sellers of samples left the MAC name off stating something like "We can't list the brand name of this popular product, but these are the genuine pigments sought after by millions of buyers" would we be allowed to list the samples that way? And then show photos of the products including jar bottoms, boxes but with the logo partially blocked? I wonder if that would be allowed? Then also state that we are not affiliated with MAC? Or perhaps ebay is just not allowing samples at all now?

I personally just built a large collection of pigments with the intent of selling samples on ebay! I even have an All-Girl, some Maroon and Gold Drift!
 

panda0410

Well-known member
Quote:
Originally Posted by Gemstone
Hmmm, I am quite familiar with US copyright law; I wonder the ebay sellers of samples left the MAC name off stating something like "We can't list the brand name of this popular product, but these are the genuine pigments sought after by millions of buyers" would we be allowed to list the samples that way? And then show photos of the products including jar bottoms, boxes but with the logo partially blocked? I wonder if that would be allowed? Then also state that we are not affiliated with MAC? Or perhaps ebay is just not allowing samples at all now?

I personally just built a large collection of pigments with the intent of selling samples on ebay! I even have an All-Girl, some Maroon and Gold Drift!


Not sure - there is also a sub-clause that ebay is using failing copyright infringement re sample selling - and this is that items which are decanted into non original packaging are therefore no longer untouched BNIB - under this description they are then regarded as USED cosmetics which are also not permitted on ebay under any circumstances. Part filled jars are also being targted again for the same reason - part filled jars are also not untouched BNIB and considered used so they cant be listed either. Quite a few part filled jars were removed from aussie ebay and the seller actually had an american ebay rep phone her as to why the listings were removed - so that is direct from the horses mouth so to speak, sorry ladies
ssad.gif
 

Gemstone

Active member
Quote:
Originally Posted by melaniumom
Thank you for writing eBay in regard to your suspension. Perfumes,
lotions and cosmetics that are decanted by a seller and filled into
other containers such as bottles, sprays, pens, etc, are not allowed on eBay. These are considered to be infringing on the Rights Owners
trademark and will be pulled from eBay's site.


I just tried to find ebay's policy on selling samples and could not find it posted on their site. Does anyone have a link to this?

I was also pondering the "no decanted" policy. If we were the manufacturer of a product, the product must be decanted! Some manufacturers-distributors may do just what the MAC pigment sample sellers were doing... buying in bulk and decanting into smaller containers. Does ebay have policies to determine the difference between a large manufacturer and a small, home-based manufacturer or distributor? According to their "sellers must not decant" policy, are they going to stop all manufacturer-distributors from selling on ebay now?
 

panda0410

Well-known member
Quote:
Originally Posted by Gemstone
I just tried to find ebay's policy on selling samples and could not find it posted on their site. Does anyone have a link to this?

I was also pondering the "no decanted" policy. If we were the manufacturer of a product, the product must be decanted! Some manufacturers-distributors may do just what the MAC pigment sample sellers were doing... buying in bulk and decanting into smaller containers. Does ebay have policies to determine the difference between a large manufacturer and a small, home-based manufacturer or distributor? According to their "sellers must not decant" policy, are they going to stop all manufacturer-distributors from selling on ebay now?


I am sure about a link, the emails I received were from sellers who had been contacted directly by ebay with the statements included.

About the decant policy - you actually have to own the copyright to the product (if I have interpreted corrently??) to be able to legally redistribute whole product. Here though I am not sure about the legalities regarding persons who legally buy in bulk and redistribute under their own label - but I think thats they key, owning the rights to redistribute product under another label which requires (in Australia anyway) a registered Australian Business Number which entitles people to LEGALLY buy wholesale for the specific purpose of redistribution. MAC samples clearly do not fit this decription because sellers dont own copyright to the product and because MAC is not sold in bulk packaging or lots like other products - it is sold in individual retail packaging - I *think* that removes any legal ground for redistribution of product??
 

Gemstone

Active member
Quote:
Originally Posted by panacea81
Here are some links if any one is interested?
there are a few ebay mac sample sellers on these two sites allready with loads of MAC samples and more.


Hello, can you share what the sites are that sell the items again? If they won't let you post it, could you send me a private message? Thanks so much!
 

1165Cheryl

Well-known member
Hi,
As Many Of You Know The Site Where Most Of Sample Sellers Where Are No Longer Letting Us Sell There. It's Their New Policy. I'm 1165cheryl Also Known As Shiny Eyes, Cheryls Shiny Eyes. Many Sellers Are On International Sites Now But Then It Cost Bucks In Shipping. I'm At Ecrater. Which Is A U.s Site I Give 1/4+ Which Is Around 3/8 Per Sample And Have 95 Colors. Please Feel Free To Ask Around About Me, I've Only Had Good Reviews
smiles.gif
I'd Be More Then Happy To Help Out Anyway I Can. Hope To See Some Of You There
smiles.gif
)
Thank You All,
Cheryl
 

1165Cheryl

Well-known member
Lol, Lol, Excuse The Post Before My Last One. My Cousin Was Using My Computer While I Was In The Other Room. She Was Just Trying To Help Build My Business Back Up
smiles.gif
I Didnt Notice It Until After I Posted My Last Entry.
 

melaniumom

Well-known member
Quote:
Originally Posted by panda0410
Not sure - there is also a sub-clause that ebay is using failing copyright infringement re sample selling - and this is that items which are decanted into non original packaging are therefore no longer untouched BNIB - under this description they are then regarded as USED cosmetics which are also not permitted on ebay under any circumstances. Part filled jars are also being targted again for the same reason - part filled jars are also not untouched BNIB and considered used so they cant be listed either. Quite a few part filled jars were removed from aussie ebay and the seller actually had an american ebay rep phone her as to why the listings were removed - so that is direct from the horses mouth so to speak, sorry ladies
ssad.gif



I don't know what is going down! I just had a listing removed for a full sized pigment that was brand new in the box. This is what the email said:

You recently listed the following auction-style listing:

280121401183 - MAC Pigment Full Size LE Apricot Pink DISCONTINUED NIB


The listing was removed because it violated eBay policy. All fees related to this listing have been credited to your account. We also notified members who placed bids on the item that the listing has
been canceled.



The rights owner,
Estee Lauder, Estee Lauder Companies, notified eBay that this listing violates intellectual property rights. When eBay receives a report of
this type of violation, we remove the listing to comply with the law.




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.

Text used in another website may be protected by copyright law. Therefore, you should not copy and use text from another website without obtaining permission to use that content. We encourage members to write their own item descriptions.

- Take
eBay's brief tutorial on Intellectual Property Policies and VeRO
- Read the ended listings FAQ at
http://pages.ebay.com/help/confidence/vero-removed-listing.html
- Ask
eBay a question using the link on the above help page

To take the intellectual property tutorial, please visit:

http://pages.ebay.com/help/tutorial/verotutorial/intro.html

Please be aware that any additional violations of this policy may result in the suspension of your account. eBay understands that you may be concerned about this situation.We encourage you to contact Estee Lauder, Estee Lauder Companies directly if you have any questions. You can send an email to:

[email protected]

For more information on how eBay protects Intellectual Property visit the following Help page:

http://pages.ebay.com/help/tp/programs-vero-ov.html




For more information on why eBay may remove a listing, please visit:

http://pages.ebay.com/help/tp/listing-ended.html

Thank you for your understanding.


Sincerely,

eBay Trust & Safety


The item listed wasn't even purchased through MAC. I got it at The Cosmetics Company Outlet! I'm really afraid to post anything MAC anymore! I have been selling the samples for over 2 years and I just got my pro card in January. The only reason I sampled the pigments is so I could afford them. I went down to the pro store in LA yesterday and after driving for 2+ hours with the intent of purchasing about $400 in product, the girl rang me up, swiped my card and told me it had been "deactivated". I am afraid it is because of this
ssad.gif
Most of the pigments I had I didn't even use my pro card to get. I either got them off ebay or at The Cosmetics Company Outlet! I did get a few with my card, though. I realize it is against their terms, but I see SOOO many people who sell a whole heck of a lot more pro products! I am so sad right now. I really DO makeup and if I am not able to use my pro card I will not be able to afford all of the things I need.
weeping.gif
 

ExquisiteImages

Well-known member
Quote:
Originally Posted by melaniumom
I don't know what is going down! I just had a listing removed for a full sized pigment that was brand new in the box. This is what the email said:

You recently listed the following auction-style listing:

280121401183 - MAC Pigment Full Size LE Apricot Pink DISCONTINUED NIB


The listing was removed because it violated eBay policy. All fees related to this listing have been credited to your account. We also notified members who placed bids on the item that the listing has
been canceled.



The rights owner,
Estee Lauder, Estee Lauder Companies, notified eBay that this listing violates intellectual property rights. When eBay receives a report of
this type of violation, we remove the listing to comply with the law.




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.

Text used in another website may be protected by copyright law. Therefore, you should not copy and use text from another website without obtaining permission to use that content. We encourage members to write their own item descriptions.

- Take
eBay's brief tutorial on Intellectual Property Policies and VeRO
- Read the ended listings FAQ at
http://pages.ebay.com/help/confidence/vero-removed-listing.html
- Ask
eBay a question using the link on the above help page

To take the intellectual property tutorial, please visit:

http://pages.ebay.com/help/tutorial/verotutorial/intro.html

Please be aware that any additional violations of this policy may result in the suspension of your account. eBay understands that you may be concerned about this situation.We encourage you to contact Estee Lauder, Estee Lauder Companies directly if you have any questions. You can send an email to:

[email protected]

For more information on how eBay protects Intellectual Property visit the following Help page:

http://pages.ebay.com/help/tp/programs-vero-ov.html




For more information on why eBay may remove a listing, please visit:

http://pages.ebay.com/help/tp/listing-ended.html

Thank you for your understanding.


Sincerely,

eBay Trust & Safety


The item listed wasn't even purchased through MAC. I got it at The Cosmetics Company Outlet! I'm really afraid to post anything MAC anymore! I have been selling the samples for over 2 years and I just got my pro card in January. The only reason I sampled the pigments is so I could afford them. I went down to the pro store in LA yesterday and after driving for 2+ hours with the intent of purchasing about $400 in product, the girl rang me up, swiped my card and told me it had been "deactivated". I am afraid it is because of this
ssad.gif
Most of the pigments I had I didn't even use my pro card to get. I either got them off ebay or at The Cosmetics Company Outlet! I did get a few with my card, though. I realize it is against their terms, but I see SOOO many people who sell a whole heck of a lot more pro products! I am so sad right now. I really DO makeup and if I am not able to use my pro card I will not be able to afford all of the things I need.
weeping.gif



You shouldn't have mentioned you have a PRO card and so forth because it is illegal to purchase MAC items at a store and resell it and especially when purchased with your pro discount card. You also can't purchase it at a CCO and then resell it back neither. That's why when you purchase at a CCO, they give you a limit to buy cosmetics. If you want to sell stuff, don't go tell you have a PRO card, especially on the net because words go around and you never know when there's someone working for MAC (here on Specktra) to track you down.
 

ExquisiteImages

Well-known member
From Wontpayretail23:

Quote:
Your pro card can be cut off as fast as it's activated trust me. I HAD a pro card and I was selling in the clearance bin here and some one called MAC on me and reported me. I tried to order during one of the new collections and I had to call because I couldn't log into MAC PRO online. When I called they said I was deactivated. I called Barbara who is the head of the MAC PRO memberships (1-877-553-5536) and she said someone called from Specktra and they knew all about me. Also she questioned the heck out of me about ebay too. She also told me I'd never be elgible for a MAC PRO membership ever again. Nice, huh? Moral of the story? Don't tell you have a pro card, not even here. Don't share, don't re-sell (even if it's discontinued, etc...thats against MAC rules) don't risk your discount.
 

melaniumom

Well-known member
Quote:
Originally Posted by ExquisiteImages
You shouldn't have mentioned you have a PRO card and so forth because it is illegal to purchase MAC items at a store and resell it and especially when purchased with your pro discount card. You also can't purchase it at a CCO and then resell it back neither. That's why when you purchase at a CCO, they give you a limit to buy cosmetics. If you want to sell stuff, don't go tell you have a PRO card, especially on the net because words go around and you never know when there's someone working for MAC (here on Specktra) to track you down.


Well, that stinks! I never even mentioned it until now. As I said, I have sold pigment samples long before I eve got my pro card and most came from other places aside from using my pro card. Since I have had my pro card I have MOSTLY used it to purchase LE items from the new collections for my own personal kit.

I was weary of even mentioning my ebay store here for the reason that someone might say something, but then I saw the Bargain Bin board and figured... obviously no one cares too much.

So, I'm guessing that someone here could have very well reported me/my store. That really sucks considering I am a makeup artist. Ah well... you live, you learn...too little, too late :confused:

I'm so bummed.
 

ExquisiteImages

Well-known member
Quote:
Originally Posted by melaniumom
Well, that stinks! I never even mentioned it until now. As I said, I have sold pigment samples long before I eve got my pro card and most came from other places aside from using my pro card. Since I have had my pro card I have MOSTLY used it to purchase LE items from the new collections for my own personal kit.

I was weary of even mentioning my ebay store here for the reason that someone might say something, but then I saw the Bargain Bin board and figured... obviously no one cares too much.

So, I'm guessing that someone here could have very well reported me/my store. That really sucks considering I am a makeup artist. Ah well... you live, you learn...too little, too late :confused:

I'm so bummed.



Well, you just never know. It only takes one second for someone to spot you selling just ONE item although you MOSTLY used the pro card to purchase for your personal kit. It's really easy to track people down on various makeup boards just for the simple mistake of someone mentioning he/she have a pro card and then he/she has a link of their eBay store in the signature area or the clearance bin, etc.

For example, I remembered seeing you post your FOTDs here just recently. Also, someone had linked your eBay store to ask questions about counterfeit items in the counterfeit forum I think. I looked at your store and in your store you had your picture in which it's you and then the picture matches the FOTDs you had recently posted. Then you just posted that you had a pro card, etc.

Like Wontpayretail23 said, they can deactivate your card as soon as it's activated.

grouphug2.gif
 

melaniumom

Well-known member
Quote:
Originally Posted by ExquisiteImages
Well, you just never know. It only takes one second for someone to spot you selling just ONE item although you MOSTLY used the pro card to purchase for your personal kit. It's really easy to track people down on various makeup boards just for the simple mistake of someone mentioning he/she have a pro card and then he/she has a link of their eBay store in the signature area or the clearance bin, etc.

For example, I remembered seeing you post your FOTDs here just recently. Also, someone had linked your eBay store to ask questions about counterfeit items in the counterfeit forum I think. I looked at your store and in your store you had your picture in which it's you and then the picture matches the FOTDs you had recently posted. Then you just posted that you had a pro card, etc.

Like Wontpayretail23 said, they can deactivate your card as soon as it's activated.

grouphug2.gif



Yeah, you are correct. I never really thought I was doing anything that terrible, or I would have taken more precautions and would have tried to be "sneaky" about it I guess. I see people who must make a living with all the MAC they sell on ebay and elsewhere. I am baffled as to how they are able to get such an inventory... especially when I don't, nor have EVER had that much makeup (for personal use or to sell) and I somehow have been brought to attention.

All my samples were ended a while ago and I had NO IDEA that you could not resell stuff the CCO! That is shocking to me. One would think you could sell anything you buy from a store if you decide you don't want/need it. I am really surprised to hear that. I guess I am just a little ignorant to all of this stuff. If I were really trying to pull one over I wouldn't be so obvious about it! LOL

You can bet from here on out I will not sell MAC anymore of any sort, regardless of where it came from.
 

panda0410

Well-known member
I am a bit suprised too!! I know pro cards cant be used to purchase for resale, but I didnt think there was ANY law that prohibited resale of whole product bought legitimately from retail outlets??? Why is CCO stuff different?
 

ExquisiteImages

Well-known member
I guess it's still considered as you're buying cosmetics from MAC. It's still MAC Cosmetics even if it's at another retail place such as CCO.
 
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