Selling age appropriate media on eBay

FINALEXIT

This is going to sound truly preposterous and surely can't be true but someone who eBays regularly (admittedly, as a buyer only) told me as a newbie seller that if I sell any media which carries a certificate (e.g. PG, 15, 18) then it is MY responsibility to ensure that the winning buyer and ultimate winner of the item is the correct age. :eek:

How on earth does that work then?

You have to be 18 years old to register with eBay and if you are a buyer you're entering credit card details too, so that should be sufficient, should it not?

Please tell me they're winding me up.

soolin

FINALEXIT wrote: »

This is going to sound truly preposterous and surely can't be true but someone who eBays regularly (admittedly, as a buyer only) told me as a newbie seller that if I sell any media which carries a certificate (e.g. PG, 15, 18) then it is MY responsibility to ensure that the winning buyer and ultimate winner of the item is the correct age. :eek:

How on earth does that work then?

You have to be 18 years old to register with eBay and if you are a buyer you're entering credit card details too, so that should be sufficient, should it not?

Please tell me they're winding me up.

actually they are right, UK law puts the onus on the seller who can be prosecuted for selling things to an underage buyer. How one proves it of course is another matter. However, ebay are surprisingly moralistic so anything too highly age rated probably can't be sold anyway.

oh and buyers don't need a credit card or even their own paypal, they could be using someone elses.

FINALEXIT

Wow! Despite the fact that the person registering on eBay is entering into a contract and stating they are 18? :eek:

FINALEXIT

How do other sellers adhere to this, I'd be interested to know? Do they call the winning bidder and ask them to confirm their name and age?

Good Grief!! I can't believe I just typed that question! !!!55357;!!!56834;

soolin

In reality who is going to report anyone? if there is a small chance someone underage is going to buy something then they are hardly going to report themselves. Unfortunately whilst an ebay account holder should technically be over 18 in reality there are a lot of younger people using parents details to register.

FINALEXIT

And by virtue of the fact that they are doing so and effectively breaking the law, wouldn't the culpability then lie with the parent rather than the seller who is acting in good faith and selling to someone they have no reason to doubt are of suitable age, given they are a site member with that age stipulation on registering in place?

soolin

FINALEXIT wrote: »

And by virtue of the fact that they do are doing so and effectively breaking the law, wouldn't the culpability then lie with the parent rather than the seller who is acting in good faith and selling to someone they have no reason to doubt are of suitable age, given they are a site member with that age stipulation on registering in place?

This is all technical of course and in reality nothing much would probably happen. However, you don't break the law using an ebay account before you are 18 (ebay is not the law) but you do break the law by selling restricted media to someone underage.

FINALEXIT

The problem is that you have no real control over it. Shops can ask for ID and you're dealing face to face with customers. Online makes it damn near impossible unless sellers would have to start asking their winning bidders to scan pics of their passport over to them before the sale can be completed...

soolin

I suspect no one has ever been prosecuted on ebay, but this explains the problems

https://www.businesscompanion.info/en/quick-guides/distance-sales/online-sales-of-age-restricted-products

RFW

FINALEXIT wrote: »

Wow! Despite the fact that the person registering on eBay is entering into a contract and stating they are 18? :eek:

It's a weird area but if you're selling on Ebay you are taking as red that the buyer is over 18 as they have to be to register. If they aren't (as some aren't) that's Ebay's fault. If you were to get prosecuted I think that would be a more than valid defence and Ebay would be in more trouble.

FINALEXIT

Well, that's the same logic I apply to this whole argument otherwise it is ludicrous. It states that you must be 18 or over to register and enter into contract bidding on eBay. If you are underage and still go right on ahead and register anyway and you subsequently win on auction for say an 18 certified DVD you have chosen to bid for, how the Hell can that by the seller's fault? Surely the registration under false pretences is the overriding offence. The seller should not have to be placed in that situation and having to verify the ages of all his/her winning bidders when they really all ought to be at least 18 according to the registration prerequisite.