The following text is provided in English for international business sellers.
Under EU consumer protection law, business sellers who sell items over the internet to consumers must provide their customers with information about their business, their contact details and provide further details that may be important to complete the transaction prior to the conclusion of the contract.
When do EU consumer protection laws apply?
EU consumer protection laws are always applicable when a business seller sells to consumers residing in the EU, regardless from where he is operating his business (e.g. US, China, Hong Kong, etc.).
On eBay, a business seller sells to consumers residing in the EU when he:
Lists items on an eBay website directed at any EU country or
Offers worldwide shipping and makes clear reference to customers residing within the EU (for example by the language of the listing, by mentioning special shipping rates to the EU, etc.).
If you do not sell your goods to consumers residing within the EU, these laws do not apply to you. You should take the following measures:
Do not list your items on any eBay website directed at any EU country (including, for example, eBay.co.uk, eBay.de, eBay.fr, eBay.es, eBay.it, eBay.nl, eBay.be, eBay.ie, eBay.at, eBay.pl).
When offering worldwide shipping, you should exclude shipping to EU countries in your listings by deselecting the corresponding shipping options in your listings. It is also advisable to add a disclaimer to your listings stating that you will not ship any items to customers within the EU.
When do I act as a business seller on eBay?
You typically act as a business seller, if you
buy goods to resell them on eBay.
sell goods which you have manufactured.
regularly sell large amounts of goods.
sell identical or similar items (especially new and unused items) over a longer period of time.
Please note: This list is not exhaustive and other activities may mean that you are operating as a business.
If any of the above applies, then you have a legal obligation to declare yourself as a business seller. Declaring yourself as a private seller, even though you are acting as a business, is misleading to potential consumers and breaks consumer protection law and eBay policies.
What information do I have to provide?
As a business seller you have to provide the following information in a clear and comprehensible manner in all your listings:
1. Conta
ct details
the company name and (if applicable) the full name(s) of the legal representative(s) of the company
the geographic address of the company (a PO Box is not sufficient)
contact details, including an email address, telephone number, fax number
the company's registration number and register (if applicable)
the company’s Value Added Tax identification number (if applicable)
2.
Clear indications of prices
Prices have to be clear and unambiguous. Also, as a business seller you have to state whether prices include taxes and delivery costs. You should also mention any other costs which the buyer may need to pay (e.g. customs/import tax and fees).
3. Information about the consumer’s right of withdrawal
If you sell over the internet to consumers residing within the European Union you have to offer consumers a right of withdrawal. This means that the buyer can return the item within a certain timeframe without giving any reasons. Generally speaking the seller has to refund the full price of the item as well as the shipping costs to the buyer, unless the item is returned in a damaged condition.
4. Terms and Conditions
If you offer certain terms & conditions these have to be included in your listing or on your “About Me” page. Failure to do so may result in these terms & conditions being void and not enforceable against buyers.
Where does this information have to be provided?
The information described above has to be included in all of your listings. Alternatively you can publish this information on your “About Me” page. In this case you have to include a link that is clearly visible within your item description which points to the information on your “About Me” page.
To provide the information you can use the following table. Simply use and fill in the appropriate fields and copy and paste the table into your item description or your “About Me” page.
Company Details |
Company Name: |
|
Company representative: |
|
Address: |
|
Phone: |
|
Fax: |
|
Email: |
|
Trade registration number: |
|
Value Added Tax ID number: |
|
Return policy
|
Our return policy: |
Terms & conditions |
Our terms & conditions: |
What happens if I do not comply with the law?
Failure to comply with these legal obligations can lead to costly warning letters and cease-and-desist claims from competitors and certain consumer protection agencies. It could also lead to court proceedings and penalties. Please be aware that eBay may take action against business sellers who are not compliant with the law.
