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.
 
The growth of Ebay has led to many interesting legal issues. A private consumer sells to a private consumer although there are some terms and conditions on the site about how the contracts operate. So most consumer protection law does not apply.  The Inland Revenue recently announced an investigation into profits made by individuals from sales of their second hand clothes and books etc on Ebay. 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. Any illegal material brought to Ebay’s attention will be removed from the site by them.
 
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.  The GOC says there were over 200 contact lens entries on eBay two days ago, but that these have since been taken down.
 
If you have any legal issues about sale or purchase of goods on Ebay or other internet selling legal questions contact us for further information. Call us on 01491 572138.