Guidelines for Creating Legally Compliant Listings
As a seller, you're ultimately responsible for the legality of any item you offer for sale on eBay and the listing describing that item. If your item or listing violates eBay policy or is reported to eBay by an intellectual property rights owner as violating its rights, the listing may be removed from eBay. eBay has a Verified Rights Owner (VeRO) Programme for reporting an intellectual property rights owner violation. Repeated violations can lead to the suspension of your eBay account. So, it's in everyone's best interest for you to create listings that are not legally objectionable.
eBay's guidelines on creating legally compliant listings
The following are general guidelines to help you create listings that do not infringe the intellectual property rights of others. However, these guidelines are not intended to constitute legal advice. Given the wide range of products available for sale on eBay, eBay cannot be an expert in the specific intellectual property concerns regarding each item, and cannot offer brand specific advice. If you have specific questions about the legality of your item, you should contact the manufacturer or an intellectual property lawyer.
You can also take eBay's tutorial on Intellectual Property Policies and VeRO.
Follow these guidelines when selling an item on eBay:
Create your own listing content
Make sure the statements in your listing are accurate
Use brand names appropriately
Make sure your item is authentic
You should not list replicas, fakes, counterfeits, or other illegal copies on eBay. For example, you should avoid listing an item that bears the brand name or logo of a company that did not manufacture or authorise the product. Do not list homemade or otherwise unauthorised copies of music, movies, television programmes, or software. Under the law, it is no excuse to say that you didn't know the item you were selling was a counterfeit. It's your obligation to investigate your source for product and stand behind everything you sell.
Read more information about eBay's policy on unauthorised replicas, counterfeit items, and unauthorised copies.
If you have any questions, contact the intellectual property rights owner before listing
It is the responsibility of all sellers to make sure that their items are not infringing before listing them on eBay. If you are unsure, we encourage you to contact the intellectual property rights owner with any questions.
Note: eBay does not and cannot review the items listed on our site prior to posting on eBay, nor are we experts in the products or legal concerns of third parties. Therefore, we cannot pre-approve items to be listed.
Review the About Me pages created by intellectual property rights owners
eBay encourages intellectual property rights owners who report items through the VeRO Programme to create an About Me page to explain their policies and procedures concerning infringing items. Review a list of About Me pages created by rights owners.
Note: Not all rights owners have an About Me page. We encourage intellectual property owners to create an About Me page to help our sellers, but they are not obligated to do so. If a particular rights owner is not listed you may need to find an alternate method of contacting them.
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