NOBODY, not the seller or anyone else is supposed to contact unsuccessful bidders to sell them anything. That doesn't make them the seller's private customer. It just means that you should find your customers some other way besides Ebay or pay Ebay their commission.

I sometimes accept these offers from other chip dealers, but when I get one of these offers from someone in another category I report it to Ebay. It may not be consistent, but I don't mind being offered chips, but no I don't want any beanie babies or the secrets to Ebay Success on CD.