Continuation on Seller eBay Tip: Things Not To Sell on eBay Part 2
1. Multi-level Marketing, Pyramid and Matrix Programmes
The listing and advertising of multi-level marketing programmes (including online payment randomisers), matrix, pyramid, Ponzi schemes, and all similar programmes are not permitted on eBay. Such programmes are often regulated or illegal.
2. Offensive Material
Sellers may not list items that promote or glorify hatred, violence, or racial intolerance, or items that promote organisations with such views.
3. Pesticides
Under Philippine law, it is an offense to import, distribute, store, or sell any pesticide, unless the seller is registered with the Fertiliser and Pesticide Authority.
It is also a requirement to register pesticides for use in the Philippines, and no person may import, distribute, or sell any pesticide, unless the same has been registered with the Fertiliser and Pesticide Authority.
Because the seller bears initial responsibility for ensuring a lawful and safe sale, sellers on eBay must state affirmatively in all pesticide listings that:
the seller will comply with all applicable local laws and regulations and ensure that the purchaser satisfies all applicable laws and regulations;
the seller will not accept bids from or post to countries where the pesticide is not registered as a general use pesticide.
4. Police-Related Items
With limited exceptions (partially listed below), eBay does not permit the listing of law enforcement badges or official law enforcement equipment from any public entity, including badges issued by the government of any country.
Under Philippine law, it is an offense for any person to publicly and improperly make use of insignia, uniforms or dress pertaining to an office not held by such person or to a class of persons of which he is not a member. The unauthorised manufacture, sale, distribution and use of uniforms, insignias, and other accoutrements of the Philippine National Police is also prohibited.
5. Postage Meters and Franking Machines
Under Philippine law, it is a postal offense to sell, offer for sale, import or export any ‘franking machine’ without the written approval from the regulatory authority (which is the Department of Transportation and Communication) . Accordingly, the listing of postage meters or franking machines are not permitted on eBay.
6. Prescription Drugs
Controlled drugs or items (or their components) that require a prescription from a licensed practitioner (such as a doctor, dentist, ophthalmologist or optometrist) are not permitted on eBay; this includes drugs prescribed by veterinarians for animals. Under Philippine law, it is an offense to sell, offer for sale, import, export, distribute, or transfer any drug without a licence. In particular, the Food, Drug and Cosmetic Act requires all drugs sold in the Philippines to be licensed with the Bureau of Food and Drugs. It is also an offense for sellers to make a false, deceptive, or misleading advertisement of any drug for the purpose of inducing, directly or indirectly, their purchase.
7. Prohibited Services
Sellers are not permitted to offer or solicit services on the eBay site that are illegal, sexual in nature or that violate eBay’s
User Agreement.
8. Real Estate
To best meet the needs of our users while accommodating the wide variety of laws governing the sale of real estate across the globe, eBay offers advertisements of real estate in a variety of formats. These Real Estate Rules explain these format offerings, clarify eBay's limited role as a publisher of advertising and venue-provider, and outline certain limitations on eBay's obligations and liabilities. Your use of the eBay Real Estate Pages confirms your agreement to these rules.
eBay Real Estate Inc.
Real estate advertising services on eBay are offered by eBay Real Estate Inc., a wholly-owned subsidiary of eBay Inc. On eBay's site and in these Rules, this company is referred to as "eBay Real Estate".
Due to the wide variety of laws governing the sale of real estate, eBay Real Estate auction-style advertisements of real property do not involve legally binding offers to buy and sell. Instead, eBay Real Estate's listings are simply a way for sellers to advertise their real estate and meet potential buyers. eBay is commonly referred to as an online auction Web site, however eBay Real Estate is not a traditional "auctioneer". eBay Real Estate is not involved in the actual transaction between buyers and sellers and, as a result, has no control over the quality, safety or legality of the properties advertised, the truth or accuracy of the postings, the ability of sellers to sell items or the ability of buyers to buy items. eBay cannot ensure that a buyer or seller will actually complete a transaction.
The sale of real estate is regulated under the Property Registration Decree (Presidential Decree 1529), whilst the sale of condominiums is under the purview of the Condominium Act (Republic Act 4726). The Land Registration Authority (LRA) is the main governmental body in charge of land registration in the Philippines. It provides the public with access to the Land Register containing particulars of registered property transactions for private lands in the Philippines.
Members should note that there are restrictions on foreign ownership of private residential property in the Philippines. Foreign persons (including natural persons and corporations) are restricted from purchasing private lands, except if such foreign person (natural person only) was formerly a natural-born Philippine citizen.
Approval will have to be obtained from the Minister for Law to purchase a restricted residential property.
9. Recalled Items
In the Philippines, the Bureau of Product Standards ( BPS) is the National Standards Body of the Philippines. BPS formulates safety and quality product standards to protect consumer welfare. The Department of Trade and Industry (DTI) implements these standards. For imported articles covered by Philippine National Standards declared mandatory, the BPS issues the import commodity clearance.
Consumer products which are found injurious, unsafe, or dangerous are liable to recall, prohibition, or seizure from public sale or distribution (Consumer Act).
eBay strongly supports the efforts of BPS to protect consumers against potentially hazardous goods. eBay does not permit the listing of items that are not in conformity with applicable product quality and safety standards.
10. Slot Machines
eBay will not generally permit the listing of coin-operated slot machines on its Web site. The sale of coin-operated slot machines is regulated or forbidden in most circumstances in the Philippines, taking into account the presence of gambling elements in such machines. Out of respect for these laws, eBay will not generally permit the listing of coin-operated slot machines on its Web site.
11. Stamps
eBay does not permit the sale of stamps that are fraudulent or improperly described. Sellers who knowingly fail to disclose information about the authenticity of a stamp, alterations to the stamp, or other information that might have a material impact on the stamp's value will also be subject to eBay action as stated below.
If unsure of the origin or authenticity of the stamp, please state this clearly in the listing. Do not sell an item "As Is" regarding its authenticity.
12. Stocks and Other Securities
The sale of shares, stock or other securities is not permitted on eBay.
13. Stolen Property
eBay strictly forbids the sale of stolen property, which violates the law. eBay strongly supports law enforcement efforts to recover stolen property that is listed on its Web site, and urges the prosecution of those responsible for knowingly attempting to sell such items on eBay.
14. Surveillance Equipment
eBay does not permit the sale of products that are designed primarily to record the private oral, wire or electronic conversations of others without their knowledge or permission.
Certain types of telecommunication equipment are prohibited from entry into the Philippines unless prior approval by the National Telecommunications Commission has been obtained. Equipment in this category includes scanning receivers / transmitters which could be used by unauthorised persons for unlawful interception of signals. For security purposes, the import of such equipment into the Philippines is prohibited.
There is no specific law on privacy in the Philippines that otherwise prohibits or regulates the sale of electronic surveillance equipment and devices. However, since the use of such equipment and devices violates the privacy of individuals, eBay has taken a policy decision to not allow the sale of such items on eBay.
15. Tobacco
Since the sale of tobacco products is highly regulated in the Philippines, cigarettes, cigars, smokeless tobacco or coupons for such items are not permitted on eBay.ph.
16. Transit and Postage Related Items
In order to help support government, transit and postal industry efforts to ensure passenger and package safety, eBay does not permit certain transit- and postage-related items.
17. Travel
eBay has special rules limiting who can sell travel-related items on eBay, and what can be sold.
18. Used Clothes
Used clothing (except underwear) may be listed on eBay as long as the clothing has been thoroughly cleaned according to the manufacturer's instructions. Listings that contain inappropriate descriptions will be ended.
19. Used Cosmetics
Used cosmetics are not permitted for sale on eBay.
20. Weeds and Seeds
While eBay permits the listing of plants on the site, buyers and sellers are encouraged to acquaint themselves with the requirements of importing plants in the Philippines, which would require an ‘import permit’ as well as a ‘phytosanitary certificate’ from the country of origin.
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