posted on March 8, 2001 08:21:30 PM
Why don't we just hand the keys to our businesses over to Ebay and let them takeover completely. Does Ebay have a 'New Rule against Sellers' Quota? This might make sense for those who are running more traditional auctions for antiques and collectibles. For the scads of people who are just using Ebay as an online retail outlet...WHY? 'Buy 1 get one free', 'Free Shipping', 'Free Bonus included': these are 'highly regulated' or 'unlawful'????? WHERE?
Raffles and drawings I can see but sales promotions are 'unlawful'?
Bonuses, giveaways, raffles and prizes
Listings that promote bonus items, giveaways, or random drawings or prizes as an enticement for bidders are not permitted on eBay as these promotions are highly regulated and may be unlawful in many states.
posted on March 9, 2001 05:20:11 AM
Yes, it is true. Many states prohibit any "bonus" or "freebie" that requires a purchase. "Contest Void Where Prohibited By Law" appears on every commericial advertisement for contests, promotions, and giveaways.
Quote from a "free merchandise" catalog:
"Offer void in Kansas and where otherwise restricted by law"
Because Ebay has no control over where their buyers and sellers live, they must impose policies that meet the requirements of all states. For instance, if Kentucky and Texas outlaw the sale of used clothing; Ebay will have no choice but to prohibit the sale of those items. (not that this would ever happen, just an example)
You can offer free shipping in your auctions, but there can not be any requirements to qualify for it such as "win 3 or more auctions", "if bid reaches $50", etc.
You can include additional items in a lot, but they can not be referred to as "free" or "bonus". They must be referred to as "included in this lot is a XXXXX"
posted on March 9, 2001 05:59:09 AM
Good grief, another rule I've been breaking without knowing?? TOO much junk!!
How can this be illegal when TONS of companies offer free items with purchase? Buy 4 books for a penny and get a free tote bag with membership, blah blah.
posted on March 9, 2001 06:03:39 AMBonuses, giveaways, raffles and prizes
Listings that promote bonus items, giveaways, or random drawings or prizes as an enticement for bidders are not permitted on eBay as these promotions are highly regulated and may be unlawful in many states.
Due to BillPoint's latest contest and some questions as to what made them exempt you'll find that they amended that policy yesterday. It now includes this:
eBay itself may run such promotions on the site, and may grant authorization to its partners or third party companies to run promotions, that comply with applicable laws.
I see your point and agreed on things like contests. But then again the TV station doesn't say "We can't run your commercial because it's illegal in Kansas".
Ebay speaks with forked tongue.
It should be up to the seller to disclaim wih fine print like 'void where prohibited' which would pretty cover any archaic state laws. I don't see any reports on the news of State Attorney Generals cracking down on 'illegal' sales promotions. I would think they have bigger fish to fry.
The practice of "includes FREE bonus" is currently widely used on Ebay as a competitive edge. I know of no law in any state the prohibits a business from giving away an item free with a purchase. It's a pretty basic and harmless sales promotion.
posted on March 9, 2001 10:39:11 AM
I actually got a different explanation from Ebay.
I sell aromatherapy on EBAY - and I would sell an Aromatherapy Diffuser (burner) and include a Free bottle (0.5 oz) of scented oil. Since I have over 40 different scents - I included a message of "Select your own Scent".
Ebay came back as said I could post a Free Item nor offer to have the customer "select" anything because it made it unclear what the customer was bidding on and would get.
I argued that the item auctioned (the diffuser / burner) stayed the same... it was the <b>free </b>oil that could be different.
Never got anything from them other than a "form letter"... Go figure!
Silvia @ scentvillage
[ edited by scentvillage on Mar 9, 2001 10:40 AM ]
posted on March 9, 2001 10:52:47 AM
You are speaking of the infamous "choice" rule. They have got me three times on the choice violation in the past even for some really dumb reasons. They claim that offering a choice of an item from a group is confusing to the buyer. The funny thing was that while I was running those auctions I didn't have a buyer too stupid to figure out that there were items 1, 2 and 3 all identical with the exception of color. The auction instructions explained that clearly and nobody had any problems. I'm sure a competing seller complained to ebay on the choice rule and that gave them a reason to notice the auction and end it.
Another item I had sold was custom imprinted. The description for the auction showed the acceptable type styles and stated the winner could select from any of those styles. Again, a "choice" violation.
posted on March 9, 2001 11:03:48 AM
Scentvillage, would it be against eBay's rules to have in the auction "Auction includes 1 bottle of scent (list of scents available upon request)." ??????
You might get a bunch of e-mails, but you wouldn't run the risk of having aucitons cancelled IF this fits eBay's standards.
Without eBay, I might have a real life...
[ edited by mcbrunnhilde on Mar 9, 2001 11:04 AM ]
posted on March 9, 2001 11:14:48 AM
You could put that the auction includes a bottle of scent - no further info, and then in EOA email ask what selection they would like - or make it a random choice - "Auction includes vial of scent - flavor selected by random from available selection"...
That's bites - I think if you state very clearly what the choice is for you should be able to - oh well, who expects Ebay rules to make sense, right?
