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Restraint of trade

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JDW5039

Junior Member
What is the name of your state (only U.S. law)? CONNECTICUT


History: Formed business with my wife in 1973.
Traveling country as far as Midwest, south to Florida, north to Massachusettes doing weekend collectible shows. Never had a problem with a customer swearing to never come back to our tables because we ran out of an item.
EBAY- I Had 2 different pages on Ebay. One was a store the other an auction site. The store site was originally put up by my wife and she ran it for approximately 15 years. Ten years ago she suffered 2 strokes and a heart attack. She was paralyzed on one side and suffered brain damage. Up until that time I was the shipping department, photographer and copywriter. Once she could not proceed I had to learn on the job to do what she did. Her method was to put up items and remove them if they were not selling, holding them in a separate file and in a timely manner rescheduling them. We had APPROXIMATELY 3,000 items on ebay at any given time. In trying to juggle the what should go up and what should remain I at times 14 items out of 487 sales erred. In so doing I broke one of Ebays many, many rules. They allow a 2 defect and unfortunately I went over. However when I checked defect rates for box stores they were in double figures.
The argument with Ebay is they say customers will not return to Ebay because of defects. I maintain that Ebay is a Mall and its unreasonable to say that if a store in a Mall is out of stock on any item that the customer will no longer visit the Mall. That being said they Ebay cancelled all my items even though I never had a Negative response to the items I ran out of, and apparently Im banned for life. So, I continued with my other page 1 page was NONSPORT NETWORK-store, other page was JDW5039. They then cut off my second page because they said they can. My question is being that I did nothing wrong on the JDW5039 page isnt that restraint of trade?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? CONNECTICUT

... They then cut off my second page because they said they can. My question is being that I did nothing wrong on the JDW5039 page isnt that restraint of trade?
No. What you describe is not restraint of trade. EBay is free to suspend or cancel accounts and you are free to market your goods elsewhere.
 

kentucky1792

Junior Member
What is the name of your state (only U.S. law)? CONNECTICUT

14 items out of 487 sales erred. In so doing I broke one of Ebays many, many rules. They allow a 2 defect and unfortunately I went over.
The 2% defect rate is either calculated every 3 months or 12 months based on volume sold. 10 "Out Of Stock" defects in 500 transactions can get you suspended. Your seller dashboard keeps a running total of OOS defects with a detailed graph showing the current percentage.

Unresolved cases in which eBay has to refund your buyer is only 2 per review period or 0.3% whichever comes first.

Your fatal blow came when you attempted to circumvent a suspension with your first account by using the second account. A robot caught that and its decision is seldom overturned.

As a side note; eBay also bans your computer IP address, so if anybody uses your computer to log into their personal account they will be associated with your account and will also be suspended/banned.

Here is a blurb from eBays TOS:
If your account doesn't meet the standards, you:
Need to resolve all issues on the account before buying or selling with other accounts
Can't register for a new account
Can't use an existing eBay account to avoid buying and selling limits or other policy consequences
 

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