Suspended shop due to lack of funds - After paying and restoring the shop, I have disabled listings.

[MichaelsHaberdashery]

Hello.

I have strange problem with my shop. It was suspended cause of overdue balance
- after paying off the debt, my shop was restored, but I have a very serious problem with items for sale:

All active items during the suspension were "suspended by Etsy" without any notification (previously when I ran the shop I actually had two items suspended - I received emails from this reason) here I have some error related to my shipping options - when I enter the suspended offer, it shows me the shipping options highlighted in red, but whatever I select, change or anything - I can not restore this offer. When I simply click restore the offer I get an error "we could not restore the offer due to an error in the item's shipping options". The offers that lost validity during the suspension and were not automatically resumed work normally. (37 offers) The rest (134 offers) have an error with this shipping. I found on the internet that a few shops had a similar problem and managed to solve it with you. I will add that these items that are listed as "suspended by Etsy" do not violate the regulations in any way and it seems to me that it is simply a error that occurred during the restoration of the shop.

I will add that I wrote twice to the support - The first time I got the answer that since they were disabled by Etsy, I must have an explanation in the email - I don't have such an email as I mentioned above (Additionally, the first time I received a response along the lines of "Don't write to us anymore about this because we can't do anything about it" that's probably why there was no response to the second opening of the case - which is funny, because the responses are automatic and no one took the matter seriously.). The second time I wrote exactly what I wrote above and I've been waiting for an answer for 5 days (I got an information that technicians will take a look at the problem - I'm still waiting, so I feel like I've been ignored. What could this be about and how can I fix it? I can relist those items, but it will take me a couple of nice hours that I don't have.

[bitsyshandmade]

First of all, don't open a new email when you respond to Etsy.  Just reply to the original one stating that you still need help.  If you open a new one, you will go to the bottom of the list.  Also, make sure all the items you make are "your" ideas, not copying something that belongs to someone else.  There may be trademark violations in your shop which may be the reason for your suspension.  

[secondarycreations]

If you have a license from the IP holder, be sure that's made very, very clear in each listing. But then I wonder what this means: 

"All Seb Miniatures projects are purely artistic work (so-called Fan-art) and represent his vision of the characters, which means that the figures are not a licensed product."

Fan art is okay as long as you're making it for personal use. As soon as you offer it for sale, it becomes IP infringement unless you have permission from the IP holder. 

[LeLightFantastique]

@secondarycreationsha you typed faster than I did!  Exactly this....

[MichaelsHaberdashery]

Products that in no way violate any license, such as digitally carved cans of drinks and food (without any labels, just the shape), chinchilla figure and spider figure were also blocked based on license? I wrote clearly that the listings that were active during the suspension of the shop for lack of funds are working normally, and that it is only the listings that were active during the suspension that are not working - including those that do not require ANY licenses.

[MichaelsHaberdashery]

So other things that don't require any license (e.g. miniature cans) were also blocked? Or maybe the chinchilla figurines or files also violates a license? It can't be a copyright issue because I would have all my listings blocked, not just those that were active during the shop's suspension. Those that lost their activity are also working.

[LeLightFantastique]

I'm confused actually as you put this in your listings: 'The figurines are designed by Seb Miniatures. All Seb Miniatures projects are purely artistic work (so-called Fan-art) and represent his vision of the characters, which means that the figures are not a licensed product.'  So SEB Miniatures does not have a license from their creators to make them.  Does that mean they could be described as copies of well-known, trademarked figures, and could be counted as counterfeits, since I see you use tags such as Luke, Sywalker, Vader, Star, Wars etc? Fan Art is not allowed to be resold.

[MichaelsHaberdashery]

Products that in no way violate any license, such as digitally carved cans of drinks and food (without any labels, just the shape), chinchilla figure and spider figure were also blocked based on license? I wrote clearly that the listings that were active during the suspension of the shop for lack of funds are working normally, and that it is only the listings that were active during the suspension that are not working - including those that do not require ANY licenses.

[CraftyCornishMaids]

this is a clue

The figurines are designed by Seb Miniatures. All Seb Miniatures projects are purely artistic work (so-called Fan-art) and represent his vision of the characters, which means that the figures are not a licensed product.

you can't sell fan-art,
and you can't sell unlicenced art, that is based on someone elses hard earned trademark

from etsy

It may be tempting to include names of popular brands or celebrities in your listing titles, tags or descriptions – for instance, the name of a luxury handbag company that inspired your purse design. But using that brand’s name in your tags may be considered problematic by some IP owners. Similarly, just tacking on “inspired by” or “____-like” in the tags or description may not prevent you from receiving a notice of infringement from the IP owner for a number of legal reasons, such as causing confusion. The same goes for any items that were “inspired by” popular books, movies or television shows.

[MichaelsHaberdashery]

And the rest? Why are only the ones that were ACTIVE blocked, while the ones that lost activity during the lockdown are still working normally? The bot would have blocked everything, so I assume the problem is with the lockout itself and some kind of error. The fact that I currently only have offers from Seb doesn't mean that I didn't have other offers, including items that I carved myself and were animals or popular items without branding.

[CraftyCornishMaids]

@MichaelsHaberdashery 

the IP holder may not have reported them all, thinking a few were enough for you to get the message

[SheWhoPlaysWithGlass]

I am surprised at the amount of 1 stars, that in addition to infringements are worrisome.

[MichaelsHaberdashery]

Yes, unfortunately I accumulated some negative feedback due to some major problems with shipping - some of them simply got lost. Moreover, after it turned out that packages sent on a certain day were lost, I printed the items again and sent them again, even when I only received information that the package was lost - which by the way was treated by most customers in an unfriendly way, and even when they received the packages, they claimed for a refund and left negative feedback. Currently I'm working with another courier and everything is back to normal - except for the listings that were suspended "just because", without any reason, information or warning. Where I also received information from support that I should have received such an email.

[CraftyCornishMaids]

@MichaelsHaberdashery 

except for the listings that were suspended "just because", without any reason, information or warning. Where I also received information from support that I should have received such an email.

etsy doesn't always send e-mails, etsy support doesn't read it's own terms.......

Etsy makes a reasonable attempt to contact the affected member, provide information about the report and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. Etsy may also provide a copy of the infringement report, including the name and email address of the reporting party, to the affected member.

[MichaelsHaberdashery]

And still: What about the rest offers without "violating" any IP rights? Like figurine of spider, or chinchilla which i made. Someone has rights for every spiders and chinchillas in the world? xD

[MichaelsHaberdashery]

Okay. Maybe differently, because you're not looking where you should be:

The offers that I actually had withdrawn, such as the set of neodymium magnets and the 1:9 scale World War II rifle model, actually violated the regulations and when I tried to restore those offers, I received the message "Object has been withdrawn due to violation of regulations, more information can be found in the email" - And that's okay, I can understand that.

I don't understand why the rest of the offers that were blocked are currently constantly throwing an error with the message "we could not restore '0' the offer due to an error in the item's shipping options.

[secondarycreations]

Have you checked out all the shipping information? Sometimes it's as simple as a mistake in the return postal code. I don't know if there would be any special requirements for your country. 

[MichaelsHaberdashery]

I try everything about shipping. Still same error... I try delete, add new, copy - still same error. I find some threads on this forum about almost same problem, and moders or admins of ETSY help them with it with my knowledge.

[ModFabio · Accepted solution]

Hello!

We ask that everyone please keep this thread on-topic, so as not to potentially confuse fellow Community members who might come across this thread, and facilitate the discussion that OP kindly started.

If you would like to share your thoughts and get the conversation going about a different topic, we ask that you start your own thread instead. And if you have any questions, please refer to our Community Policies.

Thank you!

[MichaelsHaberdashery]

Thank you, but i dont know that it's ok to set this comment as "Solution", cause i still have this problem :<

[dippeldiundscribble]

"cause i still have this problem"

You will always have this problem if you refuse to accept the valuable advice you've received here. 

If you continue to sell items that infringe intellectual property you risk getting your shop shut down for good.

[MichaelsHaberdashery]

"valuable advice you've received here"

Still noone tell me - If is this caused of violation of trademarks etc. Then why other (What you can see) items is still available without any problem (yet xD) and other listening, which include my work of sculpture like this one https://imgupload.pl/zdjecie/Fkaor have same problem, even if they are not connected in ANY way of other listenings? For me - It's error after reopen my shop, but for you all it's still about franchise. xD

[BootifulLabels]

Still noone tell me - If is this caused of violation of trademarks etc. Then why other (What you can see) items is still available without any problem

You might as well ask why shop-lifting is against the law, but not everyone who does it gets arrested.  

Some of your items got flagged, you were lucky that it wasn't all of them.  But if you keep doing what you are doing the next time you get caught might be the last.  Repeat offences WILL get your shop permanently closed, and that means a lifetime ban on selling on Etsy.  Give serious consideration to the advice you have been given here.  Your current listing practices will not end well.

[PlatypusDream]

@MichaelsHaberdashery 

The Admin has chosen to pin a post to the top to remind posters to stay on topic.

There IS a solution to your problem - obtain legal licensing to produce Star Wars miniatures.

https://artincontext.org/can-you-sell-fan-art

https://www.etsy.com/ca/seller-handbook/article/fan-art-and-fair-use-one-truth-and-five/39402098770

[PlatypusDream]

@MichaelsHaberdashery 

Sadly, you are incorrect.

You can't sculpt Conan the Barbarian and sell him as "seasoned warrior"... because it's still a direct Conan knock off with the same character design.

It's not JUST the name, it's the character design.  Your items are obviously Star Wars - it doesn't matter if you hand sculpted them at all.

If you don't believe us... talk to a REAL lawyer that specializes in IP.  They will set you right.

Also, if you have another shop on Etsy, you MUST declare each in both shops. It's in the Terms of Use.