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Seller from China

Dear gentlemen,
I am new at ebay and AS too. I need an answer about an ebay seller that adds this statement at their description like this:

“These items also for sale in my store, so if you want to buy, please send an e-mail to me with ebay and confirm the goods haven't sell out.thanks”

My question is:
If he/she not sure, why he/she list this item at ebay? Does it break ebay rule?

Without any confirm with this seller, I clicked at BIN tab from this item, and more than 23 days of payment seller does not mark this item as “Shipped” to me and do I have right to complain or left negative feedback from the seller ?

PS: Pardon me for my bad English
maghfirah
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