Account permanently suspended and payments suspended for 170 days
Hello
today they decided, without me understanding why, to permanently block my account. This message: "We inform you that your eBay account has been placed under permanent selling restrictions due to activity that we believe is risky for the eBay Community. We understand your frustration, but it is a decision we made after careful evaluation. Measures like this are essential for the safety of our marketplace." I should start by saying that I am a professional seller, active on eBay since 2017. They initially told me it was only a routine check, a normal random thing that could happen to any seller. They blocked my funds, which is a very serious matter. I have almost 4000 euros blocked. The restriction was caused by a dispute opened by a buyer over a mobile phone that never arrived (yes, I sold mobile phones). This was resolved by the fact that she received the phone and decided to return it. I accepted the return, but the buyer shipped back a completely different item, and I opened a dispute with eBay since she had returned/shipped it to a different address. Needless to say, I immediately won the dispute and did not have to refund the buyer. Also, to remove the restrictions, they asked me that every item sold had to have a positive feedback, to verify that it had been delivered and that everything was okay. After doing all this, they asked me for personal documents, such as the front/back of my ID card, and tax information for my bank account proving that I live where I do now. Once that was resolved, they asked me to send them tax documents for the items I sold. I did not have tax receipts, only normal purchase receipts for the items that I bought at a lower price and then resold on eBay. After sending these documents, and having also contacted eBay.us, today I received this message from them. The account has been permanently suspended and payments blocked for 170 days. I repeat, I have around 4000 euros blocked. I have contacted them several times, both the Italian and U.S. teams, and they always reply in the same way without telling me the real reason for the permanent account block. I would like to know whether there is anything I can do through legal means. If anything can be resolved by filing a report or going to the carabinieri/postal police. I would rather not have to hire a lawyer. Thank you
stars.shoes
·1 year agoHi, the same thing happened to me today with €1000 blocked, by any chance after the 170 days did they give you the money back?
marioelegio
·1 year agoBypassing eBay professional fees, unfair terms for the buyer who is not granted either the legal warranty or the right of withdrawal, unfair competition toward sellers who use professional accounts, violation of the rules on displaying the VAT number and contact info on all listings,……
italia_shop10
·2 years agoThe same thing happened to me, just like that, without even a reason. Funds blocked, but there are a lot, a bit of these funds. I’ve been selling on Etsy and Amazon for years and it’s always gone well, only with eBay is it full of problems, but I’ve already made a thousand videos on YouTube and social media saying that eBay is a scam, I’ll never stop, I became a creator հենց because of them. I won’t stop until these scammers shut down this platform because it’s not easy for someone to front 10k worth of goods with shipping and then you block it like that just because you feel like it. They’ve driven me bankrupt, exactly
cizeta1964
·2 years agofunds blocked without even a reason
Yes, there is a reason, and you know it very well, so why do you keep writing posts on the same topic, completely pointless?
heavenwelkin
·2 years agoAnd maybe you also contacted support asking for an explanation........
Private seller, information (copy/paste): Italian seller of digital products and more, for any clarification don’t hesitate to write to me, I also handle bulk quantities with lower prices throughout Europe.
There are RESTRICTIONS regarding the sale of digital goods.
You can’t write in the text that you’re requesting the email address, since eBay filters/encrypts it.
Before starting to sell massively (professionally? ) make sure that eBay’s rules allow you to do so; otherwise you risk a series of unpleasant consequences.
Kind regards.
daxsisko
·2 years agoaside from the rant........ commas and punctuation exist too......
ortofantastico
·2 years agoArt. 12
Penalties and other provisions designed to ensure compliance with due diligence procedures and reporting obligations
1. The platform operator with reporting obligations, in order to ensure compliance with the due diligence procedures referred to in Articles 3, 4, 5 and 6, as well as the collection of the information referred to in Article 11, includes in the contract with the seller a unilateral clause under which, if the reported seller does not provide all or some of the information requested following the sending of two successive reminders in response to the initial request, provided that sixty days have elapsed since the sending of the latter, the seller profile is closed and the seller is prevented from registering on the platform again or, alternatively, the platform operator withholds the consideration due to the seller until the requested information is provided.
https://www.gazzettaufficiale.it/eli/id/2023/03/25/23G00040/sg
daxsisko
·3 years agoEbay ( and not only them..... ) sometimes suspend accounts because they blatantly violate the rules ( probably assuming that they'll be read........ ) , in this case there had already been an indirect "warning sign" when they asked you to become "professional" : so I assume you gave them the data, but then they decided that you weren't really "professional"..... and this is the consequence.
the first piece of advice is to check whether you are actually in compliance ( so whether you really are professional.... ) , then possibly act accordingly and assert your rights ....
magicvale11
OP3 years agoYes, but after 7 months they realize that I'm not professional? When I switched to professional, I think they asked me for a series of data to modify and some notes to consult so that everything would be clear about how it worked. Both at that time and at the recent request for the documents, they told me that it wasn't absolutely necessary to have a VAT number
marioelegio
·3 years agoTo switch to a professional account on eBay, you don’t need a VAT number.
eBay asks you to switch to a professional account because as a private seller you would (unfairly) get more favorable fees. It’s not up to eBay to check you fiscally; they assume that anyone buying to resell is already in good standing with the tax authorities.
But now there is an EU directive (DAC7) that requires platforms to report suspicious cases to the tax agency, which is why they asked you to confirm your identity and blocked you.
@magicvale11 wrote:
So? I didn’t really get it. What do you recommend doing?
All you can do is hope ....... that the Financial Police don’t have time to audit you.
bye
mario
magicvale11
OP3 years agoWow, even the financial police? I’m above board. I’ve always bought normally and then resold. Dropshipping. Nothing else
marioelegio
·3 years agoI’m surprised you can be so clueless as to state that you’re in order. Where does this absurd conviction come from?
To do dropshipping, a VAT number is mandatory. https://fidocommercialista.it/dropshipping-senza-partita-iva/#:~:text=Purtroppo%20non%20%C3%A8%20possibile%20vendere,Dropshipping%20soltanto%20con%20partita%20Iva.
Since you keep stating that yours is clearly a commercial activity, a VAT number should have been opened before the first item was put up for sale.
In the event of an audit, the GdF will challenge all the transactions you carried out in recent years: the unpaid VAT, the undeclared income earned, the unpaid social security contributions, etc....
I’m afraid that in this case, problems with eBay will be the least of your worries.
bye
mario
technopartsbay
·3 years agoWell, now let’s square the circle: dropshipping...
Buying without an invoice, reselling without a receipt or VAT number (all in "Black is black", to paraphrase a famous song...) and you say you’re compliant?
I’ll repeat what was said earlier and confirmed by Mario: get up early in the morning because that’s the time the Guardia di Finanza prefers...
magicvale11
OP3 years agoOk, I understand. Is it certain anyway that I’ll be sent the money after 170 days? Can the Guardia di Finanza cause me serious problems?
marioelegio
·3 years agoThis is only regarding the penalties ..... http://www.professionisti.it/enciclopedia/voce/1567/Esercizio-abusivo-di-attivita-commerciale
Then you’d also have to pay all the unpaid contributions and taxes from the last 5 years (they would apply the ordinary tax regime and not the flat-rate one that is more favorable to you tax-wise), so consider at least 30% of what you collected.
hi
mario
daxsisko
·3 years agoit seems like your only concern is getting the money unlocked and what Ebay does (and not you);
in short:
if, DAC7 or not, you are not actually a professional seller, you still face a series of problems that could lead to a tax audit;
inevitably if you have exceeded the parameters in DAC7 (see link below) you fall under it again;
then telling you whether this will lead to an Agenzia Entrate check and whether they will give you back the money in 170 days (as said and repeated by other posters) nobody knows for sure, it could be anything and the opposite of anything;
anyway, there are both ways to contact Agenzia Entrate (and, if you want, to contact Ebay again and ask to speak / get information directly from the section that deals directly with these things....): why not ask them directly? Afraid?
NOTE: below, as an example, a link where DAC7 is discussed, (anyway, just doing a simple web search you can find dozens....):
https://www.partitaiva.it/direttiva-dac7-italia/
magicvale11
OP3 years agoHonestly, yes, I'm afraid. There's no point playing the victim, but I did everything unknowingly. I found out about this directive yesterday. I don't know what to do. Honestly, I'm worried about both the money and what I'm going to face. I've read quite a few articles. I admit I went over the 2000 euro sales threshold, but my actual earnings are much, much less. So I really don't know how much I'll have to pay in penalties, I don't know what will happen to me.
heavenwelkin
·3 years agoI’m only now reading the rest of the discussion.
To start doing this "job" you need to do your research to understand what to buy, who to buy from, and how to move forward.
You start with a Google search where, PRACTICALLY , everywhere, from YouTubers to bloggers to people writing articles, they say that dropshipping requires a VAT number.
Receiving a report/complaint does not automatically mean that you will also receive a tax assessment.
Good luck.
Kind regards.
micamunch
·2 years agoOf course they'll give you the money back. It's already abusive that they keep it when no law allows them to. Any different clauses in the contract would need to be checked to make sure they aren't unfair, contrary to Italian law.
I notice that whoever replied to you previously used a steady tone of condemnation, and what they said contains many errors. They spoke of a "reporting of suspicious transactions." That's not how it works; platforms simply have the obligation to send the tax authorities (via the German tax authorities), at the end of the year, the data of all sellers except those exempt; ultimately this category includes those who have made fewer than 30 sales and less than 2,000 euros. The word "suspicious" doesn't even appear in the law.
The word "denunciation" was used, in the common sense of something reported to the authorities. But Ebay didn't do that, also because neither they nor a buyer suffered any damage. The only one who suffers it is you, despite having taken care to register as a professional seller and having been honest in all your conduct.
And again, a link was provided regarding art. 234 of the bankruptcy law. But not the text. So let's read it:
Anyone who carries on a commercial business, even though they are unable to do so as a result of a criminal conviction [32 bis], shall be punished with imprisonment of up to two years and a fine of not less than 103 euros
I don't think you are in this situation. Just from the name of the law, it's clear that it deals with bankruptcies.
I end with the agitated bogeyman of a tax audit.
The hypothesis is not even conceivable in your case. Granted, and not granted, that the AgD receives it in time. That it decides to handle it. To assign them and open a file, your overall sales data should show that your income (profit) exceeded 8,000 euros per year. Even if you made 40 euros a piece, you would have had to sell 200 to exceed that threshold. Up to which point (with exceptions) in Italy neither IRPEF is paid, nor are you required to file a tax return (there are exceptions).
And they would have to do it not only for you, but for all Ebay sellers or other platforms. Will they do it? If so, with what criteria? It's far too early to even speculate.
With this I would like to reassure you, and wish you the best.
But you know, some people like to talk about things they don't know, especially to dominate the other person.
heavenwelkin
·3 years agoCould it be that 4000 euros blocked (I imagine accumulated in the meantime after the funds were blocked) is a bit much for an occasional "professional" seller?
I don’t know, maybe you misinterpreted the fact that you can be a professional seller on eBay even without a VAT number (but within certain limits).
Quoted from the web: Selling online without a VAT number is possible, but only in certain circumstances. When the activity is carried out occasionally, it is possible even without opening a new VAT number. If the activity is carried out sporadically and occasionally, it is not necessary to have a VAT number to sell goods and services.
Best regards.
magicvale11
OP3 years agoI don't think they're many for a professional seller. It's also true that it was a period full of orders, most of the time was made up of quiet stretches, but it seems excessive to me. In any case, they never mentioned the VAT number to me, so if that were it at least they should specify it. In fact, even when I asked for the documents, they didn't tell me that the VAT number was needed. What strikes me as odd is that everything has always gone smoothly as butter and now they've suddenly woken up and taken my account away. What strikes me as odd are the blocked funds...
heavenwelkin
·3 years agoIf eBay told you that it will release the funds in 170 days, you have to wait.
Kind regards.
marioelegio
·3 years agoStrange, something doesn’t add up. Ebay doesn’t give up 6.5% on 4000 euros every 3 months for no reason.
They almost never get to this extreme sanction without first having used other sanctions or restrictions.
The request to verify the account may be legitimate, as may the request for tax documentation for the goods purchased (nothing more than the receipts or purchase invoices in the name of your company, since you declare yourself a professional seller).
If you believe that ebay’s action is an unfair commercial practice, you need to contact a lawyer under Regulation 1150/2019/EU whose purpose is to «contribute to the proper functioning of the internal market by establishing rules to ensure that commercial users of online intermediation services and corporate website users who are in relation with online search engines have adequate transparency, fairness and effective redress».
The regulation, for this purpose, includes among other things: transparency obligations regarding the ‘terms and conditions’ of use of the platform by ‘commercial users’ (art. 3); notification obligations on the platform regarding developments in the relationship with the commercial user (art. 4); dispute resolution methods, including alternatives to court proceedings (arts. 11-14); rules regarding access to data by the platform and the commercial users operating on it (art. 9).
You can request mediation pursuant to article 12 of Regulation (EU) 2019/1150
https://pages.ebay.it/aboutebay/contact.html
hi
mario
magicvale11
OP3 years agoHi
I declared myself a professional seller because they forced me to become one in February, since I had many orders. If it’s true that they give the money after 170 days, I can even think about it. I don’t know how convenient it is to go the legal route. If it makes sense, I could go tomorrow already to the carabinieri or postal police to report it. I don’t know, can you give me some advice? I’m sick of talking with eBay, they always say the same thing. Also, those almost 4000 euros, about 3800 euros, are net. They took a nice chunk from me. It was about three cell phones and books. All strictly with positive feedback. Despite all this 100% positive feedback, they take my account away. It’s pretty funny
marioelegio
·3 years agoThey will pass their documentation on to the Revenue Agency, since ebay is required to do so under the DAC7 directive.
Trading without a VAT number is illegal. If (as you claim) you buy to resell, there is no minimum threshold to be able to operate without a VAT number.
hi
mario
magicvale11
OP3 years agoSo? I didn't quite understand. What do you recommend doing?
technopartsbay
·3 years agoYou are a professional seller, so you are (mandatorily) VAT-registered.
I'll quote you: " I didn't have fiscal receipts, just normal purchase receipts for the items I bought at a lower price and then resold on eBay. "
Now: how could you sell without a purchase invoice? Did you buy with a receipt (or some other document) and resell without a fiscal receipt and/or receipt?
In that case, I would say that something (or someone) has gone way too far...
magicvale11
OP3 years agoIn truth, not required with VAT. In February they made me switch obligatorily to professional seller because of the amount of orders I was receiving. I made it clear that I didn’t have a VAT number, both at that moment and in the document request. The documents they wanted had to be with my tax code. Something I had never asked for, they were never needed. So the Samsung site would give me an order summary: what I was buying, the price, and the recipient’s details, namely me (first name, last name, address, phone). All details referring to me and matching both when sending the photos of the document, "home banking" to show that the account was in my name, along with further proof of residence. So I don’t see the point
technopartsbay
·3 years agoNow it’s clearer...
The only advice is to wait the 170 days for the funds to be released.
Then, since eBay will definitely apply the EEC DAC7 directive having already asked you for personal data and purchase receipts for the goods, from next year you’ll be in the AdE’s sights.
magicvale11
OP3 years agoAre you sure that after 170 days they’ll unlock the funds for me? I wouldn’t want to end up having more problems later, since this one is already huge. In the tax authority’s sights how? What can they do to me? Anyway, by now I don’t sell as a professional seller anymore