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Legal and regulatory
When selling internationally, you’ll need to bear in mind the legal and regulatory policies and restrictions that apply in your own and other countries. Below we’ve answered some of the most common questions sellers ask when preparing to start selling abroad. This information isn’t intended and should not be used as legal advice; if you’re unclear about which laws apply and how to comply, please consult a lawyer.
Your listing may be removed from a site if you’re in breach of that site’s regulations or policies.
Are there any key selling regulations that I should be aware of by site?
You need to ensure that you comply with the laws of the countries you are selling in, and export controls on goods to certain countries. These include but are not limited to any applicable customs, tax, consumer protection and intellectual property laws. If you’re unsure what those laws are or how to comply with them, please consult a lawyer.
How do distance selling and e-commerce regulations affect international selling on eBay?
Selling items online or by any other means at a distance (e.g. via the phone or telemarketing) is highly regulated in the EU through distance selling and e-commerce regulations. Each EU member state has its own set of distance selling and e-commerce rules. While such rules are based on EU Directives, there are differences in the local laws and you should ensure that you comply with the domestic laws of each country that you are selling to.
Some rules only apply to business sellers. You should register as a business seller on eBay if you:
- sell items that you have bought to resell
- make items yourself and sell them, intending to make a profit
- regularly sell large quantities of items on eBay
- are a Trading Assistant
- buy items for your business
If you don’t declare yourself as a business seller even though you are acting as a business under the applicable laws, you may be in breach of the law. In the UK, for example, it is a criminal offence for a business to falsely claim or create the impression that it is not acting for purposes relating to its trade, business, craft or profession or to falsely represent itself as a consumer.
If you are a business seller, you must provide specific information about your business in your listings. Here is some more information on your legal obligations as a business seller in the UK. Make sure you check whether you need to comply with other policies if you start offering your items for sale in other markets.
Apart from the general distance selling and e-commerce regulations, there are a number of laws that need to be complied with when selling goods into the EU. The applicable laws depend very much on the type of goods or services offered. eBay offers extensive information to sellers in the eBay.co.uk Business Centre and on the eBay.de Legal Portal.
According to the EU Distance Selling Directive a consumer (buyer) can withdraw from most distance transactions within a certain cooling off period without penalty and without giving any reason. The period during which a buyer can withdraw from the transaction begins when the consumer has received the goods and the seller has provided the information required for the buyer to make the return. If the seller doesn’t provide the legally required information to the consumer the time period is extended.
The cooling off period differs for the different EU member states. For example, in the UK and France the consumer has 7 working days to return the item, while in Germany the consumer has 14 days.
Where the buyer has exercised the right of withdrawal, the seller must fully refund the buyer free of charge. The only charge that may be made to the consumer because of the exercise of his right of withdrawal is the direct cost of returning the goods. Such reimbursement must be carried out as soon as possible and in any case within 30 days.
In Germany the seller can charge the buyer for the return postage costs if the price of the returned item does not exceed 40 EUR. For items above 40 EUR the seller always bears the return postage costs.
Find more information on distance selling regulations in UK
Find more detailed information on the legal situation in DE on eBay.de (German language only)
According to this Act, competitors, trade associations, the Chamber of Commerce and certain consumer protection groups can take legal action against any form of unfair commercial practice. They can send a ‘Cease-and-Desist’ letter asking for unfair practices to be amended or discontinued.
If a seller receives a C&D letter, they have the option to sign it, pay the legal fees incurred and accept a monetary sanction for future offences. If the letter is ignored, the authorised body can take legal action against the competitor (e.g. by applying for a preliminary injunction before a Court of Law). If the court finds against the seller, this can lead to increased costs and administrative fees if the seller continues.
In general, any breach of Consumer Protection Regulations and infringement of local intellectual property rights are also considered as an unfair commercial practice. To avoid this, please ensure your listing(s) and the product(s) you are selling comply with trademark, copyright, and other intellectual property laws of the countries to which you are selling.
Before you start to sell internationally, we may ask you to sign an International Selling Agreement acknowledging that items sold to buyers on other eBay sites will be subject to the policies of those sites, including their eBay Buyer Protection Policies.
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