Friday, February 11, 2011

Terms of Service

I contacted Ebay yesterday about GlitterSniffer Cosmetics sale of this listing. Ebay has strict terms about what may or may not be sold on the site. Per their Terms of Service recalled items may not be sold on the site.
Products that are currently subject to a recall but the sale of the product is not prohibited by law or regulation, as long as the listing includes the recall information.
The items sold in this lot contained ingredients for GlitterSniffer Cosmetics recalled items (from the listing: We are offering them in a bulk listing because we are currently not shipping orders while we play catch up and put some new company rules in place, along with colors we will no longer be selling.) in addition to others. No where in the listing is the recall listed. In fact the listing specifically states that it can be added to mascara or brow gel, and that the lot will perform as an eye shadow "in the sense that you may put them on your eyes".

Here is a screenshot of GlitterSniffer Cosmetics offsite linking in an Etsy feedback from late last year:

Per the Do's and Don'ts of Etsy:
You may not use Etsy to direct shoppers to another online selling venue to purchase the same items as listed in your Etsy shop, as this may constitute fee avoidance. This includes posting links/URLs or providing information sufficient to locate the other online venue(s).
Per Artfire Terms of Service an Artisan may not sell:
Any item that which in whole or in part is subject to a recall.
Glittersniffer Cosmetics unlabeled "Randoms" may fall into this catagory as they do not meet FDA regulations for labeling, could be called misbranded, and as such be subject to recall. The "Random" listing was flagged today and removed from Artfire. This is in addition to a listing flagged and earlier this week which was removed as it included brushes and NYX bases which are not Handmade and therefore violate Artfore TOS. The other listings on Artfire are also questionable because it does not appear as yet that GlitterSniffer Cosmetics is complying with FDA labeling guidelines.

Just to review, it appears that GlitterSniffer Cosmetics has violated Ebay Terms of Service with this listing. We also know that GlitterSniffer Cosmetics is no longer using Paypal due to a Terms of Service violation. GlitterSniffer Cosmetics clearly violated Etsy's offsite link policy. Two listings on Artfire, since flagged and removed, violated TOS.

Every site that GlitterSniffer Cosmetics utilizes has clear guidelines which must be followed. It would seem that in addition to FDA ingredients and labeling guidelines GlitterSniffer Cosmetics simply disregards this information, though it is readily available to them.

1 comment:

  1. From what it sounds like, shes violated pretty much all of the TOS from each company she has been involved in (etsy, paypal, etc). I wonder what its going to take to stop her.


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