The online auction web site Ebay is the biggest marketplace in the world. Many commercial companies are turning to Ebay to sell all manner of goods from second hand cars which they otherwise would have sold at traditional auctions to industrial spares. Many businesses also have problems with employees selling employer owned property such as police uniforms and weapons.
Anthony Heath a partner and head of our Commercial Litigation Departments says:
"The growth of Ebay has led to many interesting legal issues. When private sellers sell to private buyers most consumer protection law does not apply; although there are some terms and conditions on the site about how the contracts operate. The Inland Revenue recently announced an investigation into profits made by individuals from Ebay trading. All such profits are "income" and should be included on tax returns. Some people have given up their day job to trade on Ebay full time. Sometimes merchandise which should not be sold is put forward. For example illegal copies of computer software or fake merchandise of famous brands.
In October Ebay was taken to court because some contact lenses were being sold on the site. The General Optical Council says that people buying lenses online risk serious eye problems because they do not receive the necessary checks. By law (in the UK) lenses must be sold by a registered optician or doctor. Ebay however says that contact lenses were among items it did not permit to be sold on the site, and any listings it becomes aware of are removed."
If you have any legal issues about sale or purchase of goods on Ebay or other internet selling legal questions contact Anthony Heath on 0117 9290451 for further information or or email aheath@metcalfes.co.uk
This press release summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published