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04-17-2017
06:57 PM
Hi everyone!
On Thursday, my fellow Admin from the Etsy Legal Team will be hanging out here in this thread to answer some of your Etsy Legal-related questions. The Etsy Legal Team focuses on ensuring that our markets remain a safe space and empowering sellers to comply with the various laws that apply to their businesses in the many different countries in which our sellers operate. While Etsy can’t provide you with specific legal advice, Etsy’s Legal Team can provide some general tips and demystify issues like intellectual property law, legal structures for your business, and hiring outside help. You can also find information in the legal section of Etsy’s Seller Handbook: www.etsy.com/seller-handbook/category/legal.
Are you an Etsy seller that has questions about a copyright infringement notice you’ve received? Have some questions about what to do if you think you’ve been copied? General questions about contracts? Our Legal Team can give you tips to set your business up for success.
(Please note that we will not be answering tax-specific questions for this Q&A. If you have general questions around accounting and filing taxes, I encourage you to check out our previous Q&A with a QuickBooks TaxPro to see if your answer can be found there: https://www.etsy.com/teams/7722/discussions/discuss/18221036/page/1)
>>When: Thursday (4/20) from 11:00 am - 1:00 pm ET
>>Where: Right here!
>>Who: You and Etsy’s Legal Team
>>How: Post your legal questions here in this thread and vote for the questions you’d like to see answered. You can vote for specific questions by clicking the small thumbs up in the top right corner of the individual post. While voting is enabled, members may vote for up to three questions. If you vote a fourth time, your first vote will not count. Questions that are hostile, off topic, or unproductive won’t get answered.
Voting will close at 11:00 am ET on Wednesday (4/19) to give the team a little time to research your questions. Then on Thursday (4/20) we’ll be back here in this thread answering the top voted questions from 11:00 am - 1:00 pm ET. Don’t forget to refresh the page throughout the session as we’ll be highlighting Admin answers so they appear on the first page!
(Pro tip: Be sure to read through all of the questions before posting your own. It is possible it may have already been asked. If so, give it a vote!)
Thanks and we look forward to your questions!
-----
Disclaimer: This Q&A is for educational and informational purposes only and should not be construed as legal advice. It is not intended to create, and receipt of it does not constitute, an attorney-client relationship. This info can be helpful for identifying general issues that you as an Etsy seller may face in different stages of your business growth cycle. However, if you need legal advice on a specific topic, we recommend hiring a lawyer to advise you on how that issue affects your particular business. The authors and Etsy, Inc. disclaim all responsibility for any and all losses, damages, or causes of action that may arise or be connected with the use of material from the Q&A.
On Thursday, my fellow Admin from the Etsy Legal Team will be hanging out here in this thread to answer some of your Etsy Legal-related questions. The Etsy Legal Team focuses on ensuring that our markets remain a safe space and empowering sellers to comply with the various laws that apply to their businesses in the many different countries in which our sellers operate. While Etsy can’t provide you with specific legal advice, Etsy’s Legal Team can provide some general tips and demystify issues like intellectual property law, legal structures for your business, and hiring outside help. You can also find information in the legal section of Etsy’s Seller Handbook: www.etsy.com/seller-handbook/category/legal.
Are you an Etsy seller that has questions about a copyright infringement notice you’ve received? Have some questions about what to do if you think you’ve been copied? General questions about contracts? Our Legal Team can give you tips to set your business up for success.
(Please note that we will not be answering tax-specific questions for this Q&A. If you have general questions around accounting and filing taxes, I encourage you to check out our previous Q&A with a QuickBooks TaxPro to see if your answer can be found there: https://www.etsy.com/teams/7722/discussions/discuss/18221036/page/1)
>>When: Thursday (4/20) from 11:00 am - 1:00 pm ET
>>Where: Right here!
>>Who: You and Etsy’s Legal Team
>>How: Post your legal questions here in this thread and vote for the questions you’d like to see answered. You can vote for specific questions by clicking the small thumbs up in the top right corner of the individual post. While voting is enabled, members may vote for up to three questions. If you vote a fourth time, your first vote will not count. Questions that are hostile, off topic, or unproductive won’t get answered.
Voting will close at 11:00 am ET on Wednesday (4/19) to give the team a little time to research your questions. Then on Thursday (4/20) we’ll be back here in this thread answering the top voted questions from 11:00 am - 1:00 pm ET. Don’t forget to refresh the page throughout the session as we’ll be highlighting Admin answers so they appear on the first page!
(Pro tip: Be sure to read through all of the questions before posting your own. It is possible it may have already been asked. If so, give it a vote!)
Thanks and we look forward to your questions!
-----
Disclaimer: This Q&A is for educational and informational purposes only and should not be construed as legal advice. It is not intended to create, and receipt of it does not constitute, an attorney-client relationship. This info can be helpful for identifying general issues that you as an Etsy seller may face in different stages of your business growth cycle. However, if you need legal advice on a specific topic, we recommend hiring a lawyer to advise you on how that issue affects your particular business. The authors and Etsy, Inc. disclaim all responsibility for any and all losses, damages, or causes of action that may arise or be connected with the use of material from the Q&A.
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04-20-2017
06:02 PM
Hi Everyone,
Thanks so much for being here today!
While you probably see me hanging out in the Etsy Forums for most of my day, I’m here today with the team from Etsy Legal.
We’ll start by posting some answers to the top voted questions you’ve asked over the past few days. Some of the questions heed the same answer, but were asked in different ways. If we don’t answer your specific question, I encourage you to read through all of the posts we’re about to respond to as it may have been covered. We’ll highlight Admin answers so that they will appear on page one of this thread for easy viewing, but don’t forget to refresh the page to see responses as they are posted. (Fun fact: if you want to jump to the page of the actual post, click the timestamp of the highlighted post).
We will be in this thread live until 1:00pm EST.
Our goal is to provide answers and keep a productive conversation going. Let’s stay on track so we can get the most from the discussion. While this particular discussion is focused on Etsy Legal questions, if you have questions that are related to other topics, feel free to discuss them with other members in a new Forums thread or reach out to our Support Team here: https://www.etsy.com/help/contact
Simple guidelines for this chat: be kind, productive and ask questions!
Thanks so much for being here today!
While you probably see me hanging out in the Etsy Forums for most of my day, I’m here today with the team from Etsy Legal.
We’ll start by posting some answers to the top voted questions you’ve asked over the past few days. Some of the questions heed the same answer, but were asked in different ways. If we don’t answer your specific question, I encourage you to read through all of the posts we’re about to respond to as it may have been covered. We’ll highlight Admin answers so that they will appear on page one of this thread for easy viewing, but don’t forget to refresh the page to see responses as they are posted. (Fun fact: if you want to jump to the page of the actual post, click the timestamp of the highlighted post).
We will be in this thread live until 1:00pm EST.
Our goal is to provide answers and keep a productive conversation going. Let’s stay on track so we can get the most from the discussion. While this particular discussion is focused on Etsy Legal questions, if you have questions that are related to other topics, feel free to discuss them with other members in a new Forums thread or reach out to our Support Team here: https://www.etsy.com/help/contact
Simple guidelines for this chat: be kind, productive and ask questions!
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04-20-2017
06:17 PM
Hi, I’m Stephen. I’m International Legal Counsel with Etsy’s Legal team. I’m based in Etsy’s International Headquarters in Dublin, Ireland. As you can imagine, given the nature of Etsy’s business, I work on a diverse range of legal issues across an even more diverse range of countries. This means that no two days are the same. I’ve been with Etsy for a few days shy of a year now, and love working here. When I’m not lawyering, I like swimming, running, cycling, and motorcycling, though not necessarily in that order, or all in the same day.
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04-20-2017
06:18 PM
Hey all, I’m Danny, Legal Counsel on Etsy’s Legal Team. I work out of Etsy’s U.S. headquarters in the DUMBO neighborhood of Brooklyn, New York. I have been working at Etsy since 2013 and have worked on a wide array of issues as Etsy has grown. I specialize in intellectual property, product compliance, and contracts, and work across many teams here at Etsy. Growing up I worked closely with my dad, an artisan and carpenter, and I still love creating to this day.
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04-20-2017
06:34 PM
Meg from ME2Designs:
This is in reference to the Legal terms revised in February -
www.etsy.com/legal/etsy-payments/?ref=list#etsy
"4. Etsy’s Rights and Responsibilities
In the event that a buyer does not make payment for the purchase of a legitimate item sold using Etsy Payments (e.g., where the buyer used a stolen or unauthorized credit card), Etsy may provide limited payment protection to the seller, in the interest of fairness."
What does the terminology that Etsy may provide limited payment protection to the seller, in the interest of fairness mean?
As sellers, we do not process any payments, and we trust that the payment processing entity (whether it's PayPal or the two firms that Etsy contracts with to process Etsy DC/EP payments) has the most up-to-date fraud detection mechanisms. If we receive notification that the payment has been approved we assume that it is a legitimate payment and we proceed in shipping the purchase to the name & address located on the receipt.
In the nine years I've been here, PayPal has provided full protection for me in the two instances in which a purchase was made from my Etsy shop and the payment was approved by PayPal and later found to be made on a stolen credit card.
Are Etsy sellers who have the DC/EP payment methods going to be penalized at all financially in the instance of a fraudulent card purchase? What is the limited payment protection that Etsy may use, and why will we not have full protection from Etsy when your contracted payment processors approved the purchases?
****
Hi Meg,
Etsy wants to help protect you in the event that a buyer does not make payment for the purchase of a legitimate item sold using Etsy Payments. However, the protection we offer is "limited" because we still need you to comply with our Seller Protection Policy, our Terms of Use, and other site policies for you to be eligible for protection. That means, for example, if you don't respond to our requests for information in the timeframe we ask you to or if you don't pay your bills on Etsy, we might not be able to provide you with assistance in a dispute with a credit card company. Also, if it turns out that a seller is working with buyers to engage in illegitimate transactions, we obviously won't be able to reimburse that seller for any losses they experience as a result of disputes with a credit card company. You can find more information about our seller protection policy here: www.etsy.com/legal/policy/seller-protection-policy/34509585385
This is in reference to the Legal terms revised in February -
www.etsy.com/legal/etsy-payments/?ref=list#etsy
"4. Etsy’s Rights and Responsibilities
In the event that a buyer does not make payment for the purchase of a legitimate item sold using Etsy Payments (e.g., where the buyer used a stolen or unauthorized credit card), Etsy may provide limited payment protection to the seller, in the interest of fairness."
What does the terminology that Etsy may provide limited payment protection to the seller, in the interest of fairness mean?
As sellers, we do not process any payments, and we trust that the payment processing entity (whether it's PayPal or the two firms that Etsy contracts with to process Etsy DC/EP payments) has the most up-to-date fraud detection mechanisms. If we receive notification that the payment has been approved we assume that it is a legitimate payment and we proceed in shipping the purchase to the name & address located on the receipt.
In the nine years I've been here, PayPal has provided full protection for me in the two instances in which a purchase was made from my Etsy shop and the payment was approved by PayPal and later found to be made on a stolen credit card.
Are Etsy sellers who have the DC/EP payment methods going to be penalized at all financially in the instance of a fraudulent card purchase? What is the limited payment protection that Etsy may use, and why will we not have full protection from Etsy when your contracted payment processors approved the purchases?
****
Hi Meg,
Etsy wants to help protect you in the event that a buyer does not make payment for the purchase of a legitimate item sold using Etsy Payments. However, the protection we offer is "limited" because we still need you to comply with our Seller Protection Policy, our Terms of Use, and other site policies for you to be eligible for protection. That means, for example, if you don't respond to our requests for information in the timeframe we ask you to or if you don't pay your bills on Etsy, we might not be able to provide you with assistance in a dispute with a credit card company. Also, if it turns out that a seller is working with buyers to engage in illegitimate transactions, we obviously won't be able to reimburse that seller for any losses they experience as a result of disputes with a credit card company. You can find more information about our seller protection policy here: www.etsy.com/legal/policy/seller-protection-policy/34509585385
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04-20-2017
06:38 PM
Joan from acanthusjd:
I have been selling on Etsy for 9 years and 4 years ago I moved country (from UK to France) but I am unable to change bank account to my new country, which makes life very complicated when compiling accounts and taxes.
It is possible to change on other platforms.
Will Etsy be looking at this issue in the near future, especially with Brexit, as I do not wish to start a new shop after 9 years of selling and nearly 16,000 orders.
This situation affects many sellers on Etsy, so not just a rare, isolated case.
****
Hi Joan
I would encourage you to contact our Support Team directly using our contact form here: www.etsy.com/help/contact and mention your move. A payments specialist will be able to further assist you. We know this is a concern for sellers, but the logistics behind adjusting which country your bank account is in is actually quite difficult. I’ve passed your feedback along to the Payments Team.
As for Brexit, Etsy remains as committed as ever to the continued development of the UK market, and its growing UK community of sellers. While we’re still in the early days of what is likely to be a lengthy and uncertain exit process, we have set up an internal Brexit working group with Etsy admin from all areas of the business to keep track of developments and to scope potential issues, such as payments.
Thanks
Stephen
I have been selling on Etsy for 9 years and 4 years ago I moved country (from UK to France) but I am unable to change bank account to my new country, which makes life very complicated when compiling accounts and taxes.
It is possible to change on other platforms.
Will Etsy be looking at this issue in the near future, especially with Brexit, as I do not wish to start a new shop after 9 years of selling and nearly 16,000 orders.
This situation affects many sellers on Etsy, so not just a rare, isolated case.
****
Hi Joan
I would encourage you to contact our Support Team directly using our contact form here: www.etsy.com/help/contact and mention your move. A payments specialist will be able to further assist you. We know this is a concern for sellers, but the logistics behind adjusting which country your bank account is in is actually quite difficult. I’ve passed your feedback along to the Payments Team.
As for Brexit, Etsy remains as committed as ever to the continued development of the UK market, and its growing UK community of sellers. While we’re still in the early days of what is likely to be a lengthy and uncertain exit process, we have set up an internal Brexit working group with Etsy admin from all areas of the business to keep track of developments and to scope potential issues, such as payments.
Thanks
Stephen
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04-20-2017
06:42 PM
John from FiresideInnAntiques:
Why can't we transfer ownership or add a co-owner (after the fact) to our Etsy shop? For example, if circumstances changed and I could no longer run my shop, why couldn't I add my wife as a co-owner so she could continue running it? Or why couldn't I transfer ownership to my adult child so she could continue running it? I understand that they could start their own brand new shops with my inventory, but why should they have to? Why can't they just take over my shop if that's what I want?
****
Hi John,
I understand that businesses may transfer ownership from time to time and that there may be multiple people involved in running a shop.
Ultimately, on Etsy the account owner is responsible for all aspects of their business. In the interests of transparency, we want buyers to know who is running a particular account. If you transfer ownership of your account, that means the new owner is receiving credit for all the previous sales and reviews that they are not responsible for. Conversely, if a previous account had problems and they transferred ownership to you, you wouldn’t want to be responsible for potential infractions for which you are not responsible.
The inability to transfer accounts is also in place for security reasons. Since Etsy usernames and shop names are a unique identifier in our marketplace and community, we need to make sure that there is a consistent account owner. Even when an account is closed, account history isn’t deleted and usernames cannot be changed.
That said, we will take your feedback about this into consideration.
Why can't we transfer ownership or add a co-owner (after the fact) to our Etsy shop? For example, if circumstances changed and I could no longer run my shop, why couldn't I add my wife as a co-owner so she could continue running it? Or why couldn't I transfer ownership to my adult child so she could continue running it? I understand that they could start their own brand new shops with my inventory, but why should they have to? Why can't they just take over my shop if that's what I want?
****
Hi John,
I understand that businesses may transfer ownership from time to time and that there may be multiple people involved in running a shop.
Ultimately, on Etsy the account owner is responsible for all aspects of their business. In the interests of transparency, we want buyers to know who is running a particular account. If you transfer ownership of your account, that means the new owner is receiving credit for all the previous sales and reviews that they are not responsible for. Conversely, if a previous account had problems and they transferred ownership to you, you wouldn’t want to be responsible for potential infractions for which you are not responsible.
The inability to transfer accounts is also in place for security reasons. Since Etsy usernames and shop names are a unique identifier in our marketplace and community, we need to make sure that there is a consistent account owner. Even when an account is closed, account history isn’t deleted and usernames cannot be changed.
That said, we will take your feedback about this into consideration.
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04-20-2017
06:44 PM
Donna and Darrell Knish from BlackForestCottage:
So glad you will be here. I think this is a legal question so I'm going to ask it here. As usual etsy is making changes as it does every year during this time of year. That being said etsy is now infringing on my shop, I pay to have a shop here and now at the top of my page are other shops items that say hey why not buy these instead of items from the shop that drew you here. This has to be illegal for etsy to place other shops items in MY SHOP and above my own listings. I pay to have my shop, I work on my shop, I keep my shop updated and now you show lesser priced items in my shop??? If this is not illegal it is certainly un ethical by all accounts.
Please let me know one way or the other the reasoning around my shop being confiscated and taken over by etsy.
****
Hi Donna and Darrell,
Thank you for sharing your perspective about this. We always appreciate feedback from members regarding their experience on Etsy. This new format is meant to try to ensure that the buyer on Etsy is getting what they are really looking for. We do try to show similar items from your shop, but sometimes items from other shops may be more relevant to what the buyer is looking for, based on many factors. Also consider that your listings may be showing up as suggestions for similar items in other shops.
If you want to operate a shop on a website that gives you more control over the layout, where Etsy will not suggest other items, you can create a Pattern site. Pattern is an easy way to set up your own custom website for your brand, in addition to your Etsy shop. Read more about Pattern in this Help article: https://www.etsy.com/help/article/39960366567.
So glad you will be here. I think this is a legal question so I'm going to ask it here. As usual etsy is making changes as it does every year during this time of year. That being said etsy is now infringing on my shop, I pay to have a shop here and now at the top of my page are other shops items that say hey why not buy these instead of items from the shop that drew you here. This has to be illegal for etsy to place other shops items in MY SHOP and above my own listings. I pay to have my shop, I work on my shop, I keep my shop updated and now you show lesser priced items in my shop??? If this is not illegal it is certainly un ethical by all accounts.
Please let me know one way or the other the reasoning around my shop being confiscated and taken over by etsy.
****
Hi Donna and Darrell,
Thank you for sharing your perspective about this. We always appreciate feedback from members regarding their experience on Etsy. This new format is meant to try to ensure that the buyer on Etsy is getting what they are really looking for. We do try to show similar items from your shop, but sometimes items from other shops may be more relevant to what the buyer is looking for, based on many factors. Also consider that your listings may be showing up as suggestions for similar items in other shops.
If you want to operate a shop on a website that gives you more control over the layout, where Etsy will not suggest other items, you can create a Pattern site. Pattern is an easy way to set up your own custom website for your brand, in addition to your Etsy shop. Read more about Pattern in this Help article: https://www.etsy.com/help/article/39960366567.
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04-20-2017
06:47 PM
moomala from moomala:
I am in the process of transferring all of my items and will now sell them on eBay, because I am not signing up for your new policy. If you shut down my account , and I have 44 items that I've paid for when listing them ($8.80), will Etsy refund these fees to me. You're the ones shutting me down because of your new policy.
This really stinks!!!!! I am so very disappointed in the way you have handled this.
One big question. What if I never saw your email telling me about this new policy?
Imagine not seeing that email and suddenly a person is out of business.
You really should rethink what you are doing. I predict Etsy will go out of business because of policies like this.
Totally fed up!!!!
****
Hi moomala,
Our goal is to make buying as easy as possible for buyers and selling as easy as possible for our sellers. We’re enforcing Etsy Payments so that buyers can have a consistent experience across the Etsy marketplace. Buyers will now be able to pay any way they like at the vast majority of shops on Etsy. Sellers will have access to a secure payments processor on Etsy and have the ability to be paid in one easy way.
We try to communicate changes like this via multiple different channels, such as email, social media, and here in the forums, so that all sellers are aware. We announced this last Tuesday, and provided all sellers with over a month to understand how the changes may affect their account.
If you have questions about how Etsy Payments will work, you can contact support at https://www.etsy.com/help/contact. You can also read more about Etsy Payments here: www.etsy.com/payments.
I am in the process of transferring all of my items and will now sell them on eBay, because I am not signing up for your new policy. If you shut down my account , and I have 44 items that I've paid for when listing them ($8.80), will Etsy refund these fees to me. You're the ones shutting me down because of your new policy.
This really stinks!!!!! I am so very disappointed in the way you have handled this.
One big question. What if I never saw your email telling me about this new policy?
Imagine not seeing that email and suddenly a person is out of business.
You really should rethink what you are doing. I predict Etsy will go out of business because of policies like this.
Totally fed up!!!!
****
Hi moomala,
Our goal is to make buying as easy as possible for buyers and selling as easy as possible for our sellers. We’re enforcing Etsy Payments so that buyers can have a consistent experience across the Etsy marketplace. Buyers will now be able to pay any way they like at the vast majority of shops on Etsy. Sellers will have access to a secure payments processor on Etsy and have the ability to be paid in one easy way.
We try to communicate changes like this via multiple different channels, such as email, social media, and here in the forums, so that all sellers are aware. We announced this last Tuesday, and provided all sellers with over a month to understand how the changes may affect their account.
If you have questions about how Etsy Payments will work, you can contact support at https://www.etsy.com/help/contact. You can also read more about Etsy Payments here: www.etsy.com/payments.
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04-20-2017
06:55 PM
Marie from MyVintageApartment:
I have a question regarding accountability in purchasing FEDEX shipping labels through Etsy. Last year I had a customer request an overnight order. I purchased the overnight shipping label on Etsy and it took 5 days for the item to arrive. The customer was very angry and I don't blame her. I contacted FEDEX and although they admitted they messed up, they refused to refund any of the money because I purchased the label through Etsy. They said they do not stand behind any shipping purchased through Etsy and to contact Etsy. After contacting Etsy they sent me an email saying they are not responsible for FEDEX labels purchased through them. So who then is legally responsible? It was almost $100 to ship the item overnight and no one would take responsibility. I felt so bad for the customer that I gave her a partial refund out of my own pocket. I have never used FEDEX shipping labels through Etsy since then.
****
Hi Marie,
I’m sorry to hear about the problems you had shipping via FedEx.
Shipping labels purchased through Etsy are not supported by the FedEx Money-Back Guarantee. We mention this in the Fedex Shipping Labels help page (https://www.etsy.com/help/article/39368428906), as well as in the purchase page.
If you wish to be covered by the FedEx Money-Back Guarantee, you can ship through your FedEx account or on http://www.fedex.com/. If your order is time sensitive, you can check out your nearest FedEx location by visiting http://www.fedex.com/locate/.
I hope this helps you avoid future situations like this.
Please reach out to us at https://www.etsy.com/help/contact if you have other questions about shipping.
I have a question regarding accountability in purchasing FEDEX shipping labels through Etsy. Last year I had a customer request an overnight order. I purchased the overnight shipping label on Etsy and it took 5 days for the item to arrive. The customer was very angry and I don't blame her. I contacted FEDEX and although they admitted they messed up, they refused to refund any of the money because I purchased the label through Etsy. They said they do not stand behind any shipping purchased through Etsy and to contact Etsy. After contacting Etsy they sent me an email saying they are not responsible for FEDEX labels purchased through them. So who then is legally responsible? It was almost $100 to ship the item overnight and no one would take responsibility. I felt so bad for the customer that I gave her a partial refund out of my own pocket. I have never used FEDEX shipping labels through Etsy since then.
****
Hi Marie,
I’m sorry to hear about the problems you had shipping via FedEx.
Shipping labels purchased through Etsy are not supported by the FedEx Money-Back Guarantee. We mention this in the Fedex Shipping Labels help page (https://www.etsy.com/help/article/39368428906), as well as in the purchase page.
If you wish to be covered by the FedEx Money-Back Guarantee, you can ship through your FedEx account or on http://www.fedex.com/. If your order is time sensitive, you can check out your nearest FedEx location by visiting http://www.fedex.com/locate/.
I hope this helps you avoid future situations like this.
Please reach out to us at https://www.etsy.com/help/contact if you have other questions about shipping.
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04-20-2017
07:06 PM
JDCreativeHands from JDCreativeHands:
I would like to ask a more broad based question. I know how I define and how I see the Etsy Legal Team but I would for you to express how you define your team and how does it fit in with the other teams on Etsy.
Since Etsy is global, how does the team work with the various rules and restrictions of various countries? How does that effect the guidelines written such as Our House Rules?
Does US regulations take precedence over other countries or do other countries take precedence? The example I have in mind is the EU Directive (www.etsy.com/help/article/5452?) where we are informed that we are to comply with the EU Directive even if we are not an EU seller. Yet we are also informed at various junctions to follow the rules and regulations of where we are located. The EU directive does not apply to me in the US. The point I am trying to make is how does the legal team in reviewing documents for Etsy juggle the request made on the one hand to follow another countries directive while being aware that this is not enforceable where laws and regulations differ.
Which leads me to a more basic question. What is the experience of the team with global responsibilities? Are there team members with international law knowledge or do you have access to ones you can consult with?
I understand I may have asked for more than you have time to answer.
Thank you.
****
Thanks for the questions JDCreativeHands.
I’ll see if I can address them all here. Etsy’s Legal Team is split between Brooklyn, New York and Dublin, Ireland. We focus on both US and international issues and operate as a single global legal team. As a company and a legal team, our goal is to give sellers the tools they need to be compliant in every market in which they operate. And while we can publish educational articles, we simply don’t know enough about our sellers’ businesses and the issues that affect them to be able to offer tailored legal advice. We’re here to give you the tools to be compliant but ultimately it’s up to you to comply with local laws.
Our policies are drafted, and Etsy’s mission is driven, with a global mindset so we can’t give precedence to any particular body of law. Laws in various countries might conflict and e-commerce is evolving faster than the laws which govern it. As a result, if you’re concerned about how a particular law might affect your business we would recommend consulting your lawyer.
Thanks
Stephen
I would like to ask a more broad based question. I know how I define and how I see the Etsy Legal Team but I would for you to express how you define your team and how does it fit in with the other teams on Etsy.
Since Etsy is global, how does the team work with the various rules and restrictions of various countries? How does that effect the guidelines written such as Our House Rules?
Does US regulations take precedence over other countries or do other countries take precedence? The example I have in mind is the EU Directive (www.etsy.com/help/article/5452?) where we are informed that we are to comply with the EU Directive even if we are not an EU seller. Yet we are also informed at various junctions to follow the rules and regulations of where we are located. The EU directive does not apply to me in the US. The point I am trying to make is how does the legal team in reviewing documents for Etsy juggle the request made on the one hand to follow another countries directive while being aware that this is not enforceable where laws and regulations differ.
Which leads me to a more basic question. What is the experience of the team with global responsibilities? Are there team members with international law knowledge or do you have access to ones you can consult with?
I understand I may have asked for more than you have time to answer.
Thank you.
****
Thanks for the questions JDCreativeHands.
I’ll see if I can address them all here. Etsy’s Legal Team is split between Brooklyn, New York and Dublin, Ireland. We focus on both US and international issues and operate as a single global legal team. As a company and a legal team, our goal is to give sellers the tools they need to be compliant in every market in which they operate. And while we can publish educational articles, we simply don’t know enough about our sellers’ businesses and the issues that affect them to be able to offer tailored legal advice. We’re here to give you the tools to be compliant but ultimately it’s up to you to comply with local laws.
Our policies are drafted, and Etsy’s mission is driven, with a global mindset so we can’t give precedence to any particular body of law. Laws in various countries might conflict and e-commerce is evolving faster than the laws which govern it. As a result, if you’re concerned about how a particular law might affect your business we would recommend consulting your lawyer.
Thanks
Stephen
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04-20-2017
07:18 PM
Matt McCoy from miniFab:
Hello there!
Does Etsy Legal have a best practices to address IP concerns for a product? For instance, would you suggest going the route of copyright infringement for a similar looking product or is trade dress an option on Etsy?
Thank you.
****
Hi there Matt,
In the US and many other countries, Copyright protects original works of authorship and exists the moment something is actually created. The moment you apply your creativity in a tangible form, for example by taking a photograph, your work receives automatic copyright protection. Copyright generally does not extend to things like ideas or inventions -- it applies to expression. Trade dress protection, on the other hand, is somewhat like a trademark. Trade dress protection is not automatic and it protects visual elements of your product or its packaging that signify a particular source of the product. For example, the shape, color, and style of the packaging you use could be protectable by trade dress if it’s distinctive enough.
While we can provide general guidance around how sellers can protect their work, we can’t provide legal advice about what option is best for your shop. If you believe that someone is infringing on your intellectual property, you can report infringement on the site. You can read more about reporting infringement here: https://www.etsy.com/legal/ip/.
This article from the Etsy Seller Handbook can also provide you with some useful insights to help better understand your next steps, I Think I’ve Been Copied. Now What?: https://www.etsy.com/seller-handbook/article/i-think-ive-been-copied-now-what/45201391727. Please understand though that we can't help you determine what rights you have or what type of claim applies to your issue. For that type of advice and direction, you should consider speaking to an attorney.
Hello there!
Does Etsy Legal have a best practices to address IP concerns for a product? For instance, would you suggest going the route of copyright infringement for a similar looking product or is trade dress an option on Etsy?
Thank you.
****
Hi there Matt,
In the US and many other countries, Copyright protects original works of authorship and exists the moment something is actually created. The moment you apply your creativity in a tangible form, for example by taking a photograph, your work receives automatic copyright protection. Copyright generally does not extend to things like ideas or inventions -- it applies to expression. Trade dress protection, on the other hand, is somewhat like a trademark. Trade dress protection is not automatic and it protects visual elements of your product or its packaging that signify a particular source of the product. For example, the shape, color, and style of the packaging you use could be protectable by trade dress if it’s distinctive enough.
While we can provide general guidance around how sellers can protect their work, we can’t provide legal advice about what option is best for your shop. If you believe that someone is infringing on your intellectual property, you can report infringement on the site. You can read more about reporting infringement here: https://www.etsy.com/legal/ip/.
This article from the Etsy Seller Handbook can also provide you with some useful insights to help better understand your next steps, I Think I’ve Been Copied. Now What?: https://www.etsy.com/seller-handbook/article/i-think-ive-been-copied-now-what/45201391727. Please understand though that we can't help you determine what rights you have or what type of claim applies to your issue. For that type of advice and direction, you should consider speaking to an attorney.
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04-20-2017
07:19 PM
Kathi from GRITSGirlz:
Etsy Legal, can you please clarify your Privacy Policy:
www.etsy.com/legal/privacy
+ Under Highlights > Information Collected or Received (excerpt):
Depending on the services you choose, we may collect additional information, for example: information in private channels like Conversations, billing or payment information, a telephone number, and a physical address.
***Please note the above refers to information in "private channels."
+ Under the full policy > Information Collected or Received (excerpt):
You may optionally choose to provide and publicly display your full name and other personal information (such as birthday, gender, location) in connection with your account and activity. If you do not want this additional information displayed publicly, you can remove it through your Etsy Public Profile page.
Your username, user ID or alias is publicly displayed and connected to your activity on the Site and the Apps. Other people may see the date you joined, reviews, ratings, profile information, items listed for sale, shop pages, sold item listings, and comments in community spaces.
***Please note Location in your public profile used to feed Shop Location. As of the New Shop Home Design launched in April 2016, it no longer does. Shop Location in the new shop home is sticky. Once set it's impossible to remove:
www.etsy.com/teams/7716/announcements/discuss/17633635/
Etsy might want to consider updating the Privacy Policy to take into account the new functionality of the current Shop Home and it's separate location data.
Why my concern? When Etsy Studio opened to sellers for an early preview, I was extremely surprised to see my physical location disclosed to Etsy window shoppers and search engines. Of course, I have no issue sharing my location with Etsy and buyers involved in a transaction with me. I do object to Etsy mining my zip code from calculated shipping profiles, attaching a location to it, and making Location visible in Etsy Studio, especially since this behavior differs from how it's currently handled on Etsy. Etsy Admin's response was they wanted to be *transparent* with my information supplied in a private channel (calculated shipping profile).
Can you please clarify this for all? As a seller, I'd like to be confident that Etsy is not going to disclose information such as Location once I've made the decision to keep it private per the Privacy Policy.
****
Thanks for participating in the early preview and for the feedback.
Closed beta tests and early previews, including the early Etsy Studio preview you agreed to participate in, sometimes have new features that you may be able to use and test. In this case, the feature you mentioned will not be in the product as made available to the public, but you will still have the option to decide to share your shop location.
Both our Privacy Policy and our Terms of Use lay out the ways we use your location, and the ways you can control that information and use. If you have additional questions, don’t hesitate to reach out to us at https://www.etsy.com/help/contact.
Etsy Legal, can you please clarify your Privacy Policy:
www.etsy.com/legal/privacy
+ Under Highlights > Information Collected or Received (excerpt):
Depending on the services you choose, we may collect additional information, for example: information in private channels like Conversations, billing or payment information, a telephone number, and a physical address.
***Please note the above refers to information in "private channels."
+ Under the full policy > Information Collected or Received (excerpt):
You may optionally choose to provide and publicly display your full name and other personal information (such as birthday, gender, location) in connection with your account and activity. If you do not want this additional information displayed publicly, you can remove it through your Etsy Public Profile page.
Your username, user ID or alias is publicly displayed and connected to your activity on the Site and the Apps. Other people may see the date you joined, reviews, ratings, profile information, items listed for sale, shop pages, sold item listings, and comments in community spaces.
***Please note Location in your public profile used to feed Shop Location. As of the New Shop Home Design launched in April 2016, it no longer does. Shop Location in the new shop home is sticky. Once set it's impossible to remove:
www.etsy.com/teams/7716/announcements/discuss/17633635/
Etsy might want to consider updating the Privacy Policy to take into account the new functionality of the current Shop Home and it's separate location data.
Why my concern? When Etsy Studio opened to sellers for an early preview, I was extremely surprised to see my physical location disclosed to Etsy window shoppers and search engines. Of course, I have no issue sharing my location with Etsy and buyers involved in a transaction with me. I do object to Etsy mining my zip code from calculated shipping profiles, attaching a location to it, and making Location visible in Etsy Studio, especially since this behavior differs from how it's currently handled on Etsy. Etsy Admin's response was they wanted to be *transparent* with my information supplied in a private channel (calculated shipping profile).
Can you please clarify this for all? As a seller, I'd like to be confident that Etsy is not going to disclose information such as Location once I've made the decision to keep it private per the Privacy Policy.
****
Thanks for participating in the early preview and for the feedback.
Closed beta tests and early previews, including the early Etsy Studio preview you agreed to participate in, sometimes have new features that you may be able to use and test. In this case, the feature you mentioned will not be in the product as made available to the public, but you will still have the option to decide to share your shop location.
Both our Privacy Policy and our Terms of Use lay out the ways we use your location, and the ways you can control that information and use. If you have additional questions, don’t hesitate to reach out to us at https://www.etsy.com/help/contact.
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04-20-2017
07:22 PM
Epic Tees from EpicTees4You:
Hi,
I have two particular things to ask, and I would be very grateful if you could support me and help me get an answer from Etsy Legal Team.
These two cases are real and have happened to me and my shop. I was never able to resolve them so this is why I am writing here, hopefully to get some clarification.
I would like to ask Etsy Legal Team why do you accept and pass a trademark infringement notice that is:
a) submitted by a fake person's name (a dead person's name) with a fake email (that doesn't exist and I can't email although you constantly tell me to contact the party that submitted the notice)
b) another one with status: pending - and actually never reached a "registered" status and is now abandoned - so no registration number available.
Doesn't Etsy Legal Team spend more time checking these, their facts, details and their actual legitimacy?
I pay fees,I work on my products, I try my best to follow Etsy's rules strictly - and at some point I need protection and fairness. I need to know why someone could report me with a trademark that is not registered and why a dead man could submit a notice and Etsy would be fine with it. I'd appreciate your response. Thanks a lot in advance.
Best,
Elitsa
****
Hi Elitsa,
This is a valid question. The time and financial resources you put into your shop are not lost on us. We personally review notices of infringement we receive to be sure they contain all of the information required by our policy, and to understand and verify the claims as best we can. As a venue though, Etsy cannot judge the legal merits of a notice or make any legal determinations as to whether the content of a shop is infringing. Since we cannot provide legal advice regarding these matters, you may wish to speak to an attorney to help assess claims made against you.
We understand that these issues can be difficult and frustrating. Our Intellectual Property Policy (https://www.etsy.com/legal/ip/) is based on general US intellectual property law, industry best practices, and the Digital Millennium Copyright Act. We hope that rights owner will fairly enforce their rights, and Etsy does work to ensure that notices we process are proper and legitimate, but we cannot protect you from any and all claims made against the content of your shop.
Generally speaking we ask that members not talk about personal disputes in the forums, so we will not comment on your issue specifically, but do not hesitate to reach out to us at legal@etsy.com regarding your specific situation.
Hi,
I have two particular things to ask, and I would be very grateful if you could support me and help me get an answer from Etsy Legal Team.
These two cases are real and have happened to me and my shop. I was never able to resolve them so this is why I am writing here, hopefully to get some clarification.
I would like to ask Etsy Legal Team why do you accept and pass a trademark infringement notice that is:
a) submitted by a fake person's name (a dead person's name) with a fake email (that doesn't exist and I can't email although you constantly tell me to contact the party that submitted the notice)
b) another one with status: pending - and actually never reached a "registered" status and is now abandoned - so no registration number available.
Doesn't Etsy Legal Team spend more time checking these, their facts, details and their actual legitimacy?
I pay fees,I work on my products, I try my best to follow Etsy's rules strictly - and at some point I need protection and fairness. I need to know why someone could report me with a trademark that is not registered and why a dead man could submit a notice and Etsy would be fine with it. I'd appreciate your response. Thanks a lot in advance.
Best,
Elitsa
****
Hi Elitsa,
This is a valid question. The time and financial resources you put into your shop are not lost on us. We personally review notices of infringement we receive to be sure they contain all of the information required by our policy, and to understand and verify the claims as best we can. As a venue though, Etsy cannot judge the legal merits of a notice or make any legal determinations as to whether the content of a shop is infringing. Since we cannot provide legal advice regarding these matters, you may wish to speak to an attorney to help assess claims made against you.
We understand that these issues can be difficult and frustrating. Our Intellectual Property Policy (https://www.etsy.com/legal/ip/) is based on general US intellectual property law, industry best practices, and the Digital Millennium Copyright Act. We hope that rights owner will fairly enforce their rights, and Etsy does work to ensure that notices we process are proper and legitimate, but we cannot protect you from any and all claims made against the content of your shop.
Generally speaking we ask that members not talk about personal disputes in the forums, so we will not comment on your issue specifically, but do not hesitate to reach out to us at legal@etsy.com regarding your specific situation.
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04-20-2017
07:23 PM
Kristine from alaskawinterskin:
is there a way to get an independent legal team? etsy legal team will always answer in etsy's favor, assuming the reader is somewhat ignorant.
I would like to see etsy's "rules and regulations" approved by an international independent legal team.
****
Hi Kristine,
It’s true that Etsy’s legal team represents Etsy itself, and you, like any business, may want to seek your own legal advice.
Keep in mind Etsy’s business model is set up such that Etsy only thrives when our sellers thrive. Our ecosystem relies on the health and well-being of millions of small businesses, and we realize that a safe and fair environment is important. Etsy implements policies with both our marketplace and our sellers in mind, and we build tools to allow sellers all over the world to be able to comply with the law. We also provide resources, such as our Seller Handbook (https://www.etsy.com/seller-handbook/category/legal) and our Intellectual Property Policy (https://www.etsy.com/legal/ip/), so that you have the ability to make informed choices about how to operate your business.
If you have questions about our policies, you can reach out here: https://www.etsy.com/help/contact.
is there a way to get an independent legal team? etsy legal team will always answer in etsy's favor, assuming the reader is somewhat ignorant.
I would like to see etsy's "rules and regulations" approved by an international independent legal team.
****
Hi Kristine,
It’s true that Etsy’s legal team represents Etsy itself, and you, like any business, may want to seek your own legal advice.
Keep in mind Etsy’s business model is set up such that Etsy only thrives when our sellers thrive. Our ecosystem relies on the health and well-being of millions of small businesses, and we realize that a safe and fair environment is important. Etsy implements policies with both our marketplace and our sellers in mind, and we build tools to allow sellers all over the world to be able to comply with the law. We also provide resources, such as our Seller Handbook (https://www.etsy.com/seller-handbook/category/legal) and our Intellectual Property Policy (https://www.etsy.com/legal/ip/), so that you have the ability to make informed choices about how to operate your business.
If you have questions about our policies, you can reach out here: https://www.etsy.com/help/contact.
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04-20-2017
07:35 PM
David Bowman from chainofbeauty:
In regards to seller listing fees paid prior to the policy change, I would like to ask the legal team if they know the meaning of "ex post facto." Also, in regards to the TOUs on seller fees, by what legal precedent do they believe those terms would survive a judicial hearing? It is my understanding that agreeing to terms does not make such terms legal or enforceable.
****
Hi David,
We communicate policy changes, like Etsy Payments, in advance and via multiple different channels, such as email, social media, and here in the forums. We provided all sellers with over a month to understand how the changes may affect their account.
When members use Etsy’s site or services, they agree to our Terms of Use and other site policies. Under those policies, listing fees on Etsy are non-refundable. You can read more about listing fees here: https://www.etsy.com/legal/fees/.
Ex post facto restrictions on laws have a long and varied history, going back to Rome. In most circumstances they apply to criminal statutes. You can also find some basic background on online terms of service at the wikipedia article here: https://en.wikipedia.org/wiki/Terms_of_service.
In regards to seller listing fees paid prior to the policy change, I would like to ask the legal team if they know the meaning of "ex post facto." Also, in regards to the TOUs on seller fees, by what legal precedent do they believe those terms would survive a judicial hearing? It is my understanding that agreeing to terms does not make such terms legal or enforceable.
****
Hi David,
We communicate policy changes, like Etsy Payments, in advance and via multiple different channels, such as email, social media, and here in the forums. We provided all sellers with over a month to understand how the changes may affect their account.
When members use Etsy’s site or services, they agree to our Terms of Use and other site policies. Under those policies, listing fees on Etsy are non-refundable. You can read more about listing fees here: https://www.etsy.com/legal/fees/.
Ex post facto restrictions on laws have a long and varied history, going back to Rome. In most circumstances they apply to criminal statutes. You can also find some basic background on online terms of service at the wikipedia article here: https://en.wikipedia.org/wiki/Terms_of_service.
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04-20-2017
07:36 PM
Katherine from BlingAndBijou:
I've noticed that in a lot of legal questions, there seems to be some confusion between copyright and patent. Could you explain what situation each of the terms applies to, and who to contact for a violation of each?
****
Hi Katherine,
Your confusion about this is completely understandable -- intellectual property is complex (and that's why some of us find it so fascinating!). We can't help you determine what rights you may have in your work, but we can break this down in terms of what these things really mean.
In the US, a copyright is a form of protection for original works of authorship fixed in a tangible medium of expression. That sounds a bit jargon-y, but some examples would be novels, plays, songs, paintings, sculptures, poetry, and architecture. You can apply for copyright registration at https://www.copyright.gov/, but you don't technically have to register in order to own a copyright, since it exists at the moment it’s fixed in a tangible form of expression - be it fabric, a file, or a photo. Copyright covers both published and unpublished works.
Patents protect inventions or discoveries. In order to get a patent, you must apply with the United States Patent and Trademark Office. The subject matter of a patent must be “useful,” whereas copyright protects creative expression. The USPTO acknowledges that applying for a patent requires knowledge of patent law, practices and procedures, and scientific or technical knowledge related to the invention, which can make it a difficult and expensive process. You can read more about this on the USPTO website: https://www.uspto.gov/
A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others. More simply, a trademark is a brand. You can register for a federal trademark through the USPTO as well.
For each kind of property, you can report infringement using our online form: https://www.etsy.com/legal/ip/report, and one of our Legal Support agents will review your notice. You can also check out this Help article for more details: https://www.etsy.com/help/article/263
I've noticed that in a lot of legal questions, there seems to be some confusion between copyright and patent. Could you explain what situation each of the terms applies to, and who to contact for a violation of each?
****
Hi Katherine,
Your confusion about this is completely understandable -- intellectual property is complex (and that's why some of us find it so fascinating!). We can't help you determine what rights you may have in your work, but we can break this down in terms of what these things really mean.
In the US, a copyright is a form of protection for original works of authorship fixed in a tangible medium of expression. That sounds a bit jargon-y, but some examples would be novels, plays, songs, paintings, sculptures, poetry, and architecture. You can apply for copyright registration at https://www.copyright.gov/, but you don't technically have to register in order to own a copyright, since it exists at the moment it’s fixed in a tangible form of expression - be it fabric, a file, or a photo. Copyright covers both published and unpublished works.
Patents protect inventions or discoveries. In order to get a patent, you must apply with the United States Patent and Trademark Office. The subject matter of a patent must be “useful,” whereas copyright protects creative expression. The USPTO acknowledges that applying for a patent requires knowledge of patent law, practices and procedures, and scientific or technical knowledge related to the invention, which can make it a difficult and expensive process. You can read more about this on the USPTO website: https://www.uspto.gov/
A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others. More simply, a trademark is a brand. You can register for a federal trademark through the USPTO as well.
For each kind of property, you can report infringement using our online form: https://www.etsy.com/legal/ip/report, and one of our Legal Support agents will review your notice. You can also check out this Help article for more details: https://www.etsy.com/help/article/263
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04-20-2017
07:37 PM
Fabulous Cat from FabulousCatPapers:
I have also a question regarding currencies.
As I read to www.etsy.com/legal/etsy-payments
"C. Listing Currency Conversion Considerations for Sellers. When a seller lists and subsequently sells an item in a currency other than the currency of the seller's payment account, Etsy will settle the associated transaction proceeds in the currency of the seller's payment account. When such a service is required, Etsy applies an additional 2.5% transaction charge. Calculation rates are updated hourly.
D. Browsing Currency Considerations for Buyers. In the case of a buyer purchasing from a seller who lists in a currency other than the buyer's browsing currency, Etsy will automatically calculate the listing price in the buyer's browsing currency. When such a calculation is required, Etsy applies an additional 2.5% transaction charge. Calculation rates are updated hourly. "
In the second case (D) who pays the 2,5%?
The customer?
And how is this happens?
The customer do never see at all the actual price of the store, but he sees the prices +2,5% and this is also on shipping fees?
****
Hi Fabulous Cat,
The buyer pays the conversion fee if they purchase in a currency other than your shop currency. For example, if you listed items in United States Dollar (USD) and the buyer purchased in Euros (EUR), on top of the conversion rate, an additional rate of 2.5% would be applied to the buyer’s amount. The 2.5% is already reflected in the item price the buyer sees - this amount is not separated out for them to see. The 2.5% fee is applied to both the cost of the item purchased as well as any shipping cost paid.
I have also a question regarding currencies.
As I read to www.etsy.com/legal/etsy-payments
"C. Listing Currency Conversion Considerations for Sellers. When a seller lists and subsequently sells an item in a currency other than the currency of the seller's payment account, Etsy will settle the associated transaction proceeds in the currency of the seller's payment account. When such a service is required, Etsy applies an additional 2.5% transaction charge. Calculation rates are updated hourly.
D. Browsing Currency Considerations for Buyers. In the case of a buyer purchasing from a seller who lists in a currency other than the buyer's browsing currency, Etsy will automatically calculate the listing price in the buyer's browsing currency. When such a calculation is required, Etsy applies an additional 2.5% transaction charge. Calculation rates are updated hourly. "
In the second case (D) who pays the 2,5%?
The customer?
And how is this happens?
The customer do never see at all the actual price of the store, but he sees the prices +2,5% and this is also on shipping fees?
****
Hi Fabulous Cat,
The buyer pays the conversion fee if they purchase in a currency other than your shop currency. For example, if you listed items in United States Dollar (USD) and the buyer purchased in Euros (EUR), on top of the conversion rate, an additional rate of 2.5% would be applied to the buyer’s amount. The 2.5% is already reflected in the item price the buyer sees - this amount is not separated out for them to see. The 2.5% fee is applied to both the cost of the item purchased as well as any shipping cost paid.
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04-20-2017
07:41 PM
raggedyjan from raggedyjan:
I would like to know about the Seller Protection for CUSTOM items.
aside from a shipping issue . What I am finding is :
"If your shop and the order in question satisfy the eligibility requirements, Etsy will try to help you resolve Non-Delivery cases, Not as Described cases, and chargebacks."
Paypal states it has to be Significantly Not As Described.
I would like to see better protection than Etsy will TRY to help
****
Hi there raggedyjan,
Please be assured that Etsy has specific policies in place for reviewing and resolving non-delivery and not as described cases. Because each dispute, case, or inquiry will be addressed on an individual basis, different situations have different outcomes. You are always welcome to contact our Support Team for additional assistance at any time here: www.etsy.com/help/contact.
I would like to know about the Seller Protection for CUSTOM items.
aside from a shipping issue . What I am finding is :
"If your shop and the order in question satisfy the eligibility requirements, Etsy will try to help you resolve Non-Delivery cases, Not as Described cases, and chargebacks."
Paypal states it has to be Significantly Not As Described.
I would like to see better protection than Etsy will TRY to help
****
Hi there raggedyjan,
Please be assured that Etsy has specific policies in place for reviewing and resolving non-delivery and not as described cases. Because each dispute, case, or inquiry will be addressed on an individual basis, different situations have different outcomes. You are always welcome to contact our Support Team for additional assistance at any time here: www.etsy.com/help/contact.
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04-20-2017
07:46 PM
Cheryl from ChillwolfArt:
In regards to the emails we have received about forced Etsy Payments, I would like to know WHY there are orange clickable tabs and text within these emails.
For obvious security reasons, this does not make a great deal of sense to me, with all due respect.
I'm also seeing people reporting phishing emails they've already received. And every company tells you never to click onto links within an email. So please answer my above question. WHY are those orange tabs and text within the emails from Etsy?
________________________
(On Pg. 72 in the large Discussion Thread re: forced Etsy Payments, I posted the following):
I have received 2 emails so far re: signing up for Etsy payments or Shop is suspended. I NEVER click onto links of any kind within an email. With both of these emails, there are specific words in orange, for you to click onto.
The first email (sent April 11), begins with "A payments platform designed for you." Followed by an orange Tab which says, "Set up Etsy Payments". Why in the world would I click onto a Tab from WITHIN my email?
This email also says, "We've heard your feedback and included features we think you'll love." (With all due respect here, I can assure you that was not my feedback which was heard).
______________________
Second email today, April 12. Entitled, "Important update re: payments on Etsy." Basically the same notice including Shop suspension should you not comply.
In the body of the text, it states, You can review the revised Etsy Payments Policy here. "Here" is in orange and also appears clickable.
_______________________
I understand people are getting these emails. But understand this. I do not click onto colored tabs, text, links, etc. in my email. Why then, are the clickable orange portions I mentioned within my emails?
****
Hi Cheryl
The clickable tabs were a decision made by the design team as they make accessing Etsy.com much easier - especially on mobile. If you are ever suspicious of an email, you should check that the sender is actually Etsy (the email address is from etsy.com and nowhere else), the email uses proper spelling and grammar, mentions your name or username, and that all clickable links take you specifically to Etsy.com (you can check this by hovering over the link on your computer or clicking and holding the link on mobile).
Keep in mind that Etsy.com will never ask for your password for any reason. As always, you should be able to go to Etsy.com directly through the website or the mobile app if you don't want to click the link.
Thanks
Stephen
In regards to the emails we have received about forced Etsy Payments, I would like to know WHY there are orange clickable tabs and text within these emails.
For obvious security reasons, this does not make a great deal of sense to me, with all due respect.
I'm also seeing people reporting phishing emails they've already received. And every company tells you never to click onto links within an email. So please answer my above question. WHY are those orange tabs and text within the emails from Etsy?
________________________
(On Pg. 72 in the large Discussion Thread re: forced Etsy Payments, I posted the following):
I have received 2 emails so far re: signing up for Etsy payments or Shop is suspended. I NEVER click onto links of any kind within an email. With both of these emails, there are specific words in orange, for you to click onto.
The first email (sent April 11), begins with "A payments platform designed for you." Followed by an orange Tab which says, "Set up Etsy Payments". Why in the world would I click onto a Tab from WITHIN my email?
This email also says, "We've heard your feedback and included features we think you'll love." (With all due respect here, I can assure you that was not my feedback which was heard).
______________________
Second email today, April 12. Entitled, "Important update re: payments on Etsy." Basically the same notice including Shop suspension should you not comply.
In the body of the text, it states, You can review the revised Etsy Payments Policy here. "Here" is in orange and also appears clickable.
_______________________
I understand people are getting these emails. But understand this. I do not click onto colored tabs, text, links, etc. in my email. Why then, are the clickable orange portions I mentioned within my emails?
****
Hi Cheryl
The clickable tabs were a decision made by the design team as they make accessing Etsy.com much easier - especially on mobile. If you are ever suspicious of an email, you should check that the sender is actually Etsy (the email address is from etsy.com and nowhere else), the email uses proper spelling and grammar, mentions your name or username, and that all clickable links take you specifically to Etsy.com (you can check this by hovering over the link on your computer or clicking and holding the link on mobile).
Keep in mind that Etsy.com will never ask for your password for any reason. As always, you should be able to go to Etsy.com directly through the website or the mobile app if you don't want to click the link.
Thanks
Stephen
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04-20-2017
07:52 PM
Alton Ruell Conn, Jr. from Ruells:
Some time ago I received a notice from Etsy Legal that they received a notice from a company stating that I was using their trademarked name. I immediately removed the listing and responded apologizing my error and oversight.
My question is why are there close to 12,000 active listings on Etsy today using the same name I was sent a legal notice for trademark infringement? I'm just curious.
****
Hi Alton,
Thank you for your question. To start, if Etsy receives a proper notice of infringement from an authorized party, we will comply with our policies by removing the content that was cited in the notice as allegedly infringing. We understand that many times these issues are unintentional and it’s great that you’ve communicated with the other party.
As far as the similar listings you see on Etsy, it’s up to intellectual property owners to determine the scope of enforcing their rights. Etsy can’t make the determination whether certain content is infringing. It’s also possible that the other listings you see are licensed or constitute fair use. We can only remove material when we’re made aware -- -- via proper notice in accordance with our Intellectual Property Policy: https://www.etsy.com/legal/ip/ -- that it is infringing. Please note that only the intellectual property owner or their agent are authorized to report infringement.
Thanks,
Stephen
Some time ago I received a notice from Etsy Legal that they received a notice from a company stating that I was using their trademarked name. I immediately removed the listing and responded apologizing my error and oversight.
My question is why are there close to 12,000 active listings on Etsy today using the same name I was sent a legal notice for trademark infringement? I'm just curious.
****
Hi Alton,
Thank you for your question. To start, if Etsy receives a proper notice of infringement from an authorized party, we will comply with our policies by removing the content that was cited in the notice as allegedly infringing. We understand that many times these issues are unintentional and it’s great that you’ve communicated with the other party.
As far as the similar listings you see on Etsy, it’s up to intellectual property owners to determine the scope of enforcing their rights. Etsy can’t make the determination whether certain content is infringing. It’s also possible that the other listings you see are licensed or constitute fair use. We can only remove material when we’re made aware -- -- via proper notice in accordance with our Intellectual Property Policy: https://www.etsy.com/legal/ip/ -- that it is infringing. Please note that only the intellectual property owner or their agent are authorized to report infringement.
Thanks,
Stephen
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04-20-2017
07:54 PM
Nancy Kothandapany from SheWhoPlaysWithGlass:
I agree Matt. A quick search of Mickey Mouse, bring s up over 100,000 items. Can you imagine if you added other popular copyrighted names? If it is handmade and Mickey Mouse or any Disney character is in the tag or, why can it not be flagged like Ivory or Cuba? If a shop has a licence, they should be able to give it to Etsy. It takes away from Etsy's integrity.
****
Hi Nancy,
Thanks for raising this distinction between prohibited items on Etsy and intellectual property concerns. It's a complex issue and one that requires coordination between sellers, brands and Etsy. Etsy alone can’t make the determination whether certain content is infringing -- keep in mind a search for a term in Etsy’s marketplace of vintage and handmade products may include authentic vintage, licensed and fair use listings.
We work directly with brands to provide ways to address concerns, and our Intellectual Property Policy has a specific path for reporting alleged infringement to Etsy -- https://etsy.com/legal/ip/report. We direct to this form because only authorized parties can make a valid claim of infringement to Etsy. We also encourage the flagging of content that potentially violates Etsy’s policies, such as the Prohibited Items Policy (https://www.etsy.com/legal/prohibited).
Thanks,
Stephen
I agree Matt. A quick search of Mickey Mouse, bring s up over 100,000 items. Can you imagine if you added other popular copyrighted names? If it is handmade and Mickey Mouse or any Disney character is in the tag or, why can it not be flagged like Ivory or Cuba? If a shop has a licence, they should be able to give it to Etsy. It takes away from Etsy's integrity.
****
Hi Nancy,
Thanks for raising this distinction between prohibited items on Etsy and intellectual property concerns. It's a complex issue and one that requires coordination between sellers, brands and Etsy. Etsy alone can’t make the determination whether certain content is infringing -- keep in mind a search for a term in Etsy’s marketplace of vintage and handmade products may include authentic vintage, licensed and fair use listings.
We work directly with brands to provide ways to address concerns, and our Intellectual Property Policy has a specific path for reporting alleged infringement to Etsy -- https://etsy.com/legal/ip/report. We direct to this form because only authorized parties can make a valid claim of infringement to Etsy. We also encourage the flagging of content that potentially violates Etsy’s policies, such as the Prohibited Items Policy (https://www.etsy.com/legal/prohibited).
Thanks,
Stephen
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04-20-2017
07:55 PM
Karen and Roger from SimplyDivineCreation:
This question may not seem very important but should we decide to leave Etsy over this new policy can we take our customer reviews with us and use them provided we have contacted each customer and received their permission?
****
Hi Karen and Roger,
We value you as a member of the community and hope that you don’t leave. Your reviews are tied to specific sales on the site. If you wish to use reviews off Etsy, you may contact the customer to ask for permission, and use those reviews at your discretion.
This question may not seem very important but should we decide to leave Etsy over this new policy can we take our customer reviews with us and use them provided we have contacted each customer and received their permission?
****
Hi Karen and Roger,
We value you as a member of the community and hope that you don’t leave. Your reviews are tied to specific sales on the site. If you wish to use reviews off Etsy, you may contact the customer to ask for permission, and use those reviews at your discretion.
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04-20-2017
07:57 PM
JJ from Donobob:
As a non US seller
Why can we not change the country our bank is located in?
There are many reasons for this. Some people move. Some sell in a currency not their own. I am sure there are other reasons to move an account to a new country.
It is an ability Etsy should have available for the sellers as their needs change. With EP forced on everyone it is even more important now.
Why is it not possible and when will it be possible?
****
Hi JJ,
I would recommend that you contact our Support team using our contact form here: www.etsy.com/help/contact. One of our payments specialists would be happy to further assist you.
Depending on the country in which you’re located changing banking countries may be possible, though the logistics of doing so can be more difficult than you might expect. I’ve passed your query along to the Payments team if you’d like to reach out to them directly.
Thanks,
Stephen
As a non US seller
Why can we not change the country our bank is located in?
There are many reasons for this. Some people move. Some sell in a currency not their own. I am sure there are other reasons to move an account to a new country.
It is an ability Etsy should have available for the sellers as their needs change. With EP forced on everyone it is even more important now.
Why is it not possible and when will it be possible?
****
Hi JJ,
I would recommend that you contact our Support team using our contact form here: www.etsy.com/help/contact. One of our payments specialists would be happy to further assist you.
Depending on the country in which you’re located changing banking countries may be possible, though the logistics of doing so can be more difficult than you might expect. I’ve passed your query along to the Payments team if you’d like to reach out to them directly.
Thanks,
Stephen
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04-20-2017
08:01 PM
Amy Theriault from SquirrelsNestJewelry:
I have been battling with AliExpress over photos and descriptions that an AE vendor stole from my Etsy shop, and I know lots of other people have had the same problem. Is there any way for Etsy to help stand behind us in cases like this? Is Etsy being infringed upon too, since the photos are being lifted from Etsy shops? Seems like a lot of us individually are having a really tough time dealing with AliExpress/Alibaba and are just being given the runaround over and over. Can Etsy help out in any way?
****
Hi Amy
We’re very sorry to hear about the potential infringement of your work on AliExpress. We know it must be difficult seeing this, given the time and energy you put into your shop.
Just like Etsy, AliExpress should have a method for reporting infringement on their site. You may want to contact support at AliExpress about this if you haven’t already. As a venue, Etsy is limited in the support it can provide to its sellers regarding these matters, particularly since the issue is taking place on a website not associated with Etsy markets. For instance, we cannot initiate or mediate any claims of potential infringement on a seller’s behalf, nor can we provide legal advice. If haven’t already, you may wish to consult with an attorney as to what rights you may have and what actions you may take.
To answer your question about whether Etsy is being infringed, if the issue is as you describe, your photos and / or descriptions are being used, then no. Etsy does not claim ownership in the content you create or upload via our markets. You can read a bit more about this in our Terms of Use (https://www.etsy.com/legal/terms-of-use) under section 5.C. Basically, you do grant us a limited license to display your Etsy content, but we do not claim intellectual property ownership over it. This doesn’t mean that Etsy condones theft of intellectual property--on the contrary we take intellectual property very seriously.
Thanks,
Stephen
I have been battling with AliExpress over photos and descriptions that an AE vendor stole from my Etsy shop, and I know lots of other people have had the same problem. Is there any way for Etsy to help stand behind us in cases like this? Is Etsy being infringed upon too, since the photos are being lifted from Etsy shops? Seems like a lot of us individually are having a really tough time dealing with AliExpress/Alibaba and are just being given the runaround over and over. Can Etsy help out in any way?
****
Hi Amy
We’re very sorry to hear about the potential infringement of your work on AliExpress. We know it must be difficult seeing this, given the time and energy you put into your shop.
Just like Etsy, AliExpress should have a method for reporting infringement on their site. You may want to contact support at AliExpress about this if you haven’t already. As a venue, Etsy is limited in the support it can provide to its sellers regarding these matters, particularly since the issue is taking place on a website not associated with Etsy markets. For instance, we cannot initiate or mediate any claims of potential infringement on a seller’s behalf, nor can we provide legal advice. If haven’t already, you may wish to consult with an attorney as to what rights you may have and what actions you may take.
To answer your question about whether Etsy is being infringed, if the issue is as you describe, your photos and / or descriptions are being used, then no. Etsy does not claim ownership in the content you create or upload via our markets. You can read a bit more about this in our Terms of Use (https://www.etsy.com/legal/terms-of-use) under section 5.C. Basically, you do grant us a limited license to display your Etsy content, but we do not claim intellectual property ownership over it. This doesn’t mean that Etsy condones theft of intellectual property--on the contrary we take intellectual property very seriously.
Thanks,
Stephen
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04-20-2017
09:18 PM
Bilge Monkey's Baubles and Broquante from BilgeMonkeysBaubles:
^Further, what are the guidelines 4 shop deletion when GOLD, SILVER&Other Precious Metals/Stones are described, but not delivered (including "Gold Fill" CZ's in lieu of DIAMONDS, etc.) as it's been raised in "?'s" forum that some seem 2B able 2 get away w/this repeatedly?Others have insinuated that high volume(false advertising)sellers R ignored due2fees generated. I don't believe this is True?
****
Hi there,
Our Seller Policy requires that all items listed for sale on Etsy must be honestly and accurately represented (https://www.etsy.com/legal/sellers/). If you see a listing or shop that does not comply with these policies, you can flag it and we may review it privately. You can read more about how to flag an item or shop here: https://www.etsy.com/help/article/4537.
If a buyer receives an item that is not as described in the listing, such as using a different metal or stone than advertised, the buyer can file a case. Additionally, Etsy may suspend or terminate a shop for any violations of our Seller Policy, such as failure to respond to an open case.
^Further, what are the guidelines 4 shop deletion when GOLD, SILVER&Other Precious Metals/Stones are described, but not delivered (including "Gold Fill" CZ's in lieu of DIAMONDS, etc.) as it's been raised in "?'s" forum that some seem 2B able 2 get away w/this repeatedly?Others have insinuated that high volume(false advertising)sellers R ignored due2fees generated. I don't believe this is True?
****
Hi there,
Our Seller Policy requires that all items listed for sale on Etsy must be honestly and accurately represented (https://www.etsy.com/legal/sellers/). If you see a listing or shop that does not comply with these policies, you can flag it and we may review it privately. You can read more about how to flag an item or shop here: https://www.etsy.com/help/article/4537.
If a buyer receives an item that is not as described in the listing, such as using a different metal or stone than advertised, the buyer can file a case. Additionally, Etsy may suspend or terminate a shop for any violations of our Seller Policy, such as failure to respond to an open case.
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04-20-2017
09:20 PM
Shark:
@ Etsy Legal Team:
Q:
With so much Food (baked goodies, etc) for sell on this site, why isn't a "Food License" being required within each seller's About Page, please?
****
Hi Shark,
We expect all sellers to comply with local laws, which may vary depending on where a seller is based. We leave it to each seller’s discretion whether and where to include information about their business, such as whether they are licensed. If you would like to know whether a particular seller is licensed, you may want to reach out to them directly via Convos.
If you have questions about selling food online, you can check out the article “Recipe for Success: 7 Tips for Selling Food Online” available here: https://www.etsy.com/seller-handbook/article/recipe-for-success-7-tips-for-selling/22506251230.
@ Etsy Legal Team:
Q:
With so much Food (baked goodies, etc) for sell on this site, why isn't a "Food License" being required within each seller's About Page, please?
****
Hi Shark,
We expect all sellers to comply with local laws, which may vary depending on where a seller is based. We leave it to each seller’s discretion whether and where to include information about their business, such as whether they are licensed. If you would like to know whether a particular seller is licensed, you may want to reach out to them directly via Convos.
If you have questions about selling food online, you can check out the article “Recipe for Success: 7 Tips for Selling Food Online” available here: https://www.etsy.com/seller-handbook/article/recipe-for-success-7-tips-for-selling/22506251230.
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04-20-2017
09:24 PM
Kurt Rademacher:
You were asked a question concerning the legality of keeping fees for services not provided but you did not answer it. Fees are paid for a several months period. You indicated that sellers were given over a month to deal with this forced PP integration. This is true, but you did not answer how it is legal for Etsy to keep the unused portion of the fees from sellers who cannot or will not run a shop without Etsy combined Paypal.
****
Hi Kurt,
If sellers have questions about their specific shop situation, we encourage them to reach out to our Support Team here: www.etsy.com/help/contact.
You were asked a question concerning the legality of keeping fees for services not provided but you did not answer it. Fees are paid for a several months period. You indicated that sellers were given over a month to deal with this forced PP integration. This is true, but you did not answer how it is legal for Etsy to keep the unused portion of the fees from sellers who cannot or will not run a shop without Etsy combined Paypal.
****
Hi Kurt,
If sellers have questions about their specific shop situation, we encourage them to reach out to our Support Team here: www.etsy.com/help/contact.
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04-20-2017
09:31 PM
Andrew Wood from AndysWoodStudio:
Danny can I ask what goverment issued photo id Etsy will accept to verify our bank information from UK sellers? I have no passport and my driving licence doesn't have a photo (I'm old enough to still have a paper one), we don't have goverment issued id cards or anything like that but Etsy won't say they will accept the things normally used for id here in the UK, several sellers are stuck with this
****
Hi Andrew,
I'd recommend reaching out to https://www.etsy.com/help/contact for questions like this.
Danny can I ask what goverment issued photo id Etsy will accept to verify our bank information from UK sellers? I have no passport and my driving licence doesn't have a photo (I'm old enough to still have a paper one), we don't have goverment issued id cards or anything like that but Etsy won't say they will accept the things normally used for id here in the UK, several sellers are stuck with this
****
Hi Andrew,
I'd recommend reaching out to https://www.etsy.com/help/contact for questions like this.
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04-20-2017
09:32 PM
Melissa Drake from RusticLuster:
QUESTION: Why does Etsy allow so many illegal products that are either mass produced in China or violate copyrights?
****
Hi Melissa,
Our Seller Policy (https://www.etsy.com/legal/sellers) specifically addresses the issues you reference as not allowed on Etsy: illegal items and items that promote illegal activity, reselling (which is defined as listing an item as handmade when you were not involved in designing or making that item), and items that violate our intellectual property policies.
We’re constantly working to make our markets safe and effective for buyers and sellers, and we encourage you to read Etsy’s Transparency Report (https://blog.etsy.com/news/2017/etsy-releases-2016-transparency-report/) to understand more about how we address these important issues.
QUESTION: Why does Etsy allow so many illegal products that are either mass produced in China or violate copyrights?
****
Hi Melissa,
Our Seller Policy (https://www.etsy.com/legal/sellers) specifically addresses the issues you reference as not allowed on Etsy: illegal items and items that promote illegal activity, reselling (which is defined as listing an item as handmade when you were not involved in designing or making that item), and items that violate our intellectual property policies.
We’re constantly working to make our markets safe and effective for buyers and sellers, and we encourage you to read Etsy’s Transparency Report (https://blog.etsy.com/news/2017/etsy-releases-2016-transparency-report/) to understand more about how we address these important issues.
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04-20-2017
10:51 PM
Kathi from GRITSGirlz:
Thank you for your reply Danny. I do understand that the way Etsy Studio appeared during the Preview is not necessarily the final appearance it will have when launched.
I'm a little confused though ... currently on Etsy once Shop Location is set via Edit Shop, it can't be removed. Sounds like we don't have control of that data once it is set, but shouldn't we?
****
Hi Kathi
You can change your location any time by going to your Shop homepage and Shop Settings. If you would like to remove your location altogether, you can do so by editing or deleting your location on your Public Profile. If you have further questions feel free to reach out to us via the Etsy contact page: etsy.com/help/contact.
Thank you for your reply Danny. I do understand that the way Etsy Studio appeared during the Preview is not necessarily the final appearance it will have when launched.
I'm a little confused though ... currently on Etsy once Shop Location is set via Edit Shop, it can't be removed. Sounds like we don't have control of that data once it is set, but shouldn't we?
****
Hi Kathi
You can change your location any time by going to your Shop homepage and Shop Settings. If you would like to remove your location altogether, you can do so by editing or deleting your location on your Public Profile. If you have further questions feel free to reach out to us via the Etsy contact page: etsy.com/help/contact.
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04-20-2017
10:55 PM
Molly from MollyHeyer:
As a European seller I'd like to know which law applies to the contract between Etsy and non-American sellers.
From your Terms of Use:
"1. Accepting these Terms
The Terms are a legally binding contract between you and Etsy (actually, if you live in North America or South America, the contract is between you and Etsy, Inc.; if you live elsewhere, the contract is between you and Etsy Ireland UC, a subsidiary of Etsy, Inc...."
...
11. Disputes with Etsy
A. Governing Law. The Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live."
---------------
From my point of view these two terms are contradictory. Can US law be applied to a contract between two Europeans? Like European sellers have to abide by European law Etsy Ireland would have to do, too, I think.
I do see all the difficulties when it comes to compatibility of International laws and I do know that sometimes it isn't even possible to reconcile them. However, sometimes my impression is that Etsy just refers to a law that fits them best and this mostly is US law.
Just a few things which I think may not be in compliance with European law:
- 'VAT included (where applicable).' ('where applicable' isn't clear to average customers without knowledge of tax law)
- Enforcement of Etsy Payments to PayPal only sellers the way it is done (short-term notice with major implications like potential shop suspension, not refunding listing fees under these circumstances, requiring photo IDs in this way which is conflicting with some countries' security and/or passport laws).
- Not a legal European requirement but it would be helpful to be invoiced by Etsy Ireland in Euro, not in US $ (avoidance of currencies and rounding-off differences in accounting which are a pain)
Thank you for listening!
****
Hi Molly,
You’ve raised a lot of interesting and complex questions.
These are all issues that we think about each day, and we implement terms and policies that are best for Etsy as a business as well as for our members. Etsy is only successful when sellers like yourself are successful. We believe that the terms and policies we have in place are consistent with Etsy’s values and compliant with the law.
In terms of Etsy Payments, we try to communicate these changes in advance and through many different channels (email, social media, and here in the forums) in order that all our sellers have the opportunity to be aware of and understand the changes that will take effect.
As for invoices, currently all fees appearing on your Etsy Bill are charged and settled in USD. We are unable to provide your Etsy Bill in other currencies, but we hope to offer this option in the future.
We appreciate all of your thoughtful feedback, which I’ll pass along to the rest of the Legal Team.
As a European seller I'd like to know which law applies to the contract between Etsy and non-American sellers.
From your Terms of Use:
"1. Accepting these Terms
The Terms are a legally binding contract between you and Etsy (actually, if you live in North America or South America, the contract is between you and Etsy, Inc.; if you live elsewhere, the contract is between you and Etsy Ireland UC, a subsidiary of Etsy, Inc...."
...
11. Disputes with Etsy
A. Governing Law. The Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live."
---------------
From my point of view these two terms are contradictory. Can US law be applied to a contract between two Europeans? Like European sellers have to abide by European law Etsy Ireland would have to do, too, I think.
I do see all the difficulties when it comes to compatibility of International laws and I do know that sometimes it isn't even possible to reconcile them. However, sometimes my impression is that Etsy just refers to a law that fits them best and this mostly is US law.
Just a few things which I think may not be in compliance with European law:
- 'VAT included (where applicable).' ('where applicable' isn't clear to average customers without knowledge of tax law)
- Enforcement of Etsy Payments to PayPal only sellers the way it is done (short-term notice with major implications like potential shop suspension, not refunding listing fees under these circumstances, requiring photo IDs in this way which is conflicting with some countries' security and/or passport laws).
- Not a legal European requirement but it would be helpful to be invoiced by Etsy Ireland in Euro, not in US $ (avoidance of currencies and rounding-off differences in accounting which are a pain)
Thank you for listening!
****
Hi Molly,
You’ve raised a lot of interesting and complex questions.
These are all issues that we think about each day, and we implement terms and policies that are best for Etsy as a business as well as for our members. Etsy is only successful when sellers like yourself are successful. We believe that the terms and policies we have in place are consistent with Etsy’s values and compliant with the law.
In terms of Etsy Payments, we try to communicate these changes in advance and through many different channels (email, social media, and here in the forums) in order that all our sellers have the opportunity to be aware of and understand the changes that will take effect.
As for invoices, currently all fees appearing on your Etsy Bill are charged and settled in USD. We are unable to provide your Etsy Bill in other currencies, but we hope to offer this option in the future.
We appreciate all of your thoughtful feedback, which I’ll pass along to the rest of the Legal Team.
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282 Replies
miniFab
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
Hello there!
Does Etsy Legal have a best practices to address IP concerns for a product? For instance, would you suggest going the route of copyright infringement for a similar looking product or is trade dress an option on Etsy?
Thank you.
Does Etsy Legal have a best practices to address IP concerns for a product? For instance, would you suggest going the route of copyright infringement for a similar looking product or is trade dress an option on Etsy?
Thank you.
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LoveStoryShoes
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
I definitely voted for this.
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SheWhoPlaysWith
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
I agree Matt. A quick search of Mickey Mouse, bring s up over 100,000 items. Can you imagine if you added other popular copyrighted names? If it is handmade and Mickey Mouse or any Disney character is in the tag or, why can it not be flagged like Ivory or Cuba? If a shop has a licence, they should be able to give it to Etsy. It takes away from Etsy's integrity.
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HappyGoLicky
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
If an Etsy shop has a Disney license agreement, for instance, or sell any other copyrighted material, it should be an Etsy policy that the legal agreement is stated in their shop announcement.
This would help eliminate unethical shops AS WELL AS help ethical consumers avoid buying illegal merchandise.
This would help eliminate unethical shops AS WELL AS help ethical consumers avoid buying illegal merchandise.
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plushensnz
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
I have always wondered why etsy allows this (and you do allow it by not restricting it, Etsy). I hazard a guess they would stand to lose a lot of money from these illegal sales. But does that sit well with Etsy? Reminds me of that 'innocent bystander' law
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lowe40
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
Etsy can't do anything w/o the copyright holder filing a complaint on EACH item...not shop, item.
If etsy starts restricting sales of CR items on their own they lose their safe harbor covering & can also be sued by the CR holder.
Posting liscensed-some companies require that you do not publicly disclose that info. That's something you would share w/etsy only if someone reported your shop
If etsy starts restricting sales of CR items on their own they lose their safe harbor covering & can also be sued by the CR holder.
Posting liscensed-some companies require that you do not publicly disclose that info. That's something you would share w/etsy only if someone reported your shop
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miniFab
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
Thanks for the replies. To clarify my question: If another seller has copied the non-functional, but aesthetic design of a physical product (look, unique combination of materials or colors, etc.) listed on Etsy, can the original designer report as a copyright infringement? Is a trade dress trademark infringement an option through the report system?
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Former_Member
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
by
Former_Member
Not applicable
04-20-2017
07:26 PM
Hi Matt,
Danny responded to your question here: https://www.etsy.com/teams/7722/discussions/discuss/18332367/page/4?post_id=375791889
Thanks!
Danny responded to your question here: https://www.etsy.com/teams/7722/discussions/discuss/18332367/page/4?post_id=375791889
Thanks!
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Former_Member
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
by
Former_Member
Not applicable
04-20-2017
07:56 PM
Hi Nancy,
Stephen has responded to you here: https://www.etsy.com/teams/7722/discussions/discuss/18332367/page/6?post_id=359834210
Thanks!
Stephen has responded to you here: https://www.etsy.com/teams/7722/discussions/discuss/18332367/page/6?post_id=359834210
Thanks!
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ME2Designs
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
This is in reference to the Legal terms revised in February -
https://www.etsy.com/legal/etsy-payments/?ref=list#etsy
"4. Etsy’s Rights and Responsibilities
In the event that a buyer does not make payment for the purchase of a legitimate item sold using Etsy Payments (e.g., where the buyer used a stolen or unauthorized credit card), Etsy may provide limited payment protection to the seller, in the interest of fairness."
What does the terminology that Etsy may provide limited payment protection to the seller, in the interest of fairness mean?
As sellers, we do not process any payments, and we trust that the payment processing entity (whether it's PayPal or the two firms that Etsy contracts with to process Etsy DC/EP payments) has the most up-to-date fraud detection mechanisms. If we receive notification that the payment has been approved we assume that it is a legitimate payment and we proceed in shipping the purchase to the name & address located on the receipt.
In the nine years I've been here, PayPal has provided full protection for me in the two instances in which a purchase was made from my Etsy shop and the payment was approved by PayPal and later found to be made on a stolen credit card.
Are Etsy sellers who have the DC/EP payment methods going to be penalized at all financially in the instance of a fraudulent card purchase? What is the limited payment protection that Etsy may use, and why will we not have full protection from Etsy when your contracted payment processors approved the purchases?
https://www.etsy.com/legal/etsy-payments/?ref=list#etsy
"4. Etsy’s Rights and Responsibilities
In the event that a buyer does not make payment for the purchase of a legitimate item sold using Etsy Payments (e.g., where the buyer used a stolen or unauthorized credit card), Etsy may provide limited payment protection to the seller, in the interest of fairness."
What does the terminology that Etsy may provide limited payment protection to the seller, in the interest of fairness mean?
As sellers, we do not process any payments, and we trust that the payment processing entity (whether it's PayPal or the two firms that Etsy contracts with to process Etsy DC/EP payments) has the most up-to-date fraud detection mechanisms. If we receive notification that the payment has been approved we assume that it is a legitimate payment and we proceed in shipping the purchase to the name & address located on the receipt.
In the nine years I've been here, PayPal has provided full protection for me in the two instances in which a purchase was made from my Etsy shop and the payment was approved by PayPal and later found to be made on a stolen credit card.
Are Etsy sellers who have the DC/EP payment methods going to be penalized at all financially in the instance of a fraudulent card purchase? What is the limited payment protection that Etsy may use, and why will we not have full protection from Etsy when your contracted payment processors approved the purchases?
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JamieSpinello
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
Voted for this.
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SimplyAdorned4U
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
I want to know the answer to this one too!
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SmolderingCreat
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
Yes please - good question
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FlyingTrunkShow
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
Yes please, I would like to know why Etsy M A Y (only) provide L I M I T E D payment protection to the seller!
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PreciousKnits
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
I vote for this !!!
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pHashIONpassION
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
Yes, please clarify this wording for us. Thank you.
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Franziska
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
super important for Etsy to be transparent about this. voted.
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DesignbyJuliaBa
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
Voted. Would like to hear the clear answer.
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MondayMorningSt
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
voted for this - thank you Meg
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2TrickPony
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
our protections need to be spelled out.
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herflyinghorses
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
My second vote is for this
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AntiqueLockets
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
voted for this.
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APocketfulOfVin
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
Another vote.........................
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SimplyDivineCre
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Re: Admin Q&A with the Etsy Legal Team (April 20, 2017)
We vote for this
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