This statement has now been copied in it's entirety, as well as being slightly altered or completely re-wrote by many eBay sellers in order to avoid conflict with VeRo Members. However we are the originators of this statement and hold true to its original intent!
The Majority of our CD's are Promotional Items which have been bought openly by ourselves through many different channels and outlets for the express purpose of resale. The sale of promotional items is not prohibited by law and if ever challenged could be argued is covered under a statute of international law known as 'The First Sale Doctrine'.
The main problem (from discussing this situation at length with a VeRo Member, mainly EMI) as we see it is from the sale of Promotional CD's in advance of the item's actual release therefore damaging potential future sales. Before listing an item on eBay we try (not always possible) to research each item fully to make sure that we are not infringing anybody's rights by offering the item for sale, we do this by:
- Searching on eBay to see if similar items have sold previously without complaint
- Checking other websites and retailers to see if other companies are selling a similar product without complaint
- Checking the product to see if it has any date of manufacture or in some cases release information
We also use many other methods to try and gain this information, should we find a product that we feel is violating somebody's rights we either do not list that product for sale or we wait until such a time when there would be no violation...
We do everything within our power to ensure we do not infringe anybody's rights but unfortunately it's not always possible for us to gain all the information we would like on a product and sometimes we can get it wrong. This has only happened 3 times in our 5 years of trading on eBay but if you find that this is the case please contact us!!!
We have no issue whatsoever in removing infringing items when we get it wrong - after all everyone isn't perfect! We are happy to co-operate fully with VeRo Members and will supply any and all information requested on the infringing product.
On a small number of occasions VeRo Members haven't contacted us and instead have chose to complain to eBay and have the item forcibly removed. On a number of these occasions after discussions with ourselves it has come to light that the item DID NOT infringe the VeRo Members rights and the items were therefore re-instated for sale, so even VeRo Members can get it wrong occasionally!
The key to a good working relationship is COMMUNICATION!
This page has been published by ourselves to encourage VeRo Members to communicate with ourselves and help make eBay an environment where we can all co-exist in harmony...