Monday, December 7, 2009

Is it legal not to tell eBay Im a business? LEGAL HELP PLEASE? -

I think it s perfectly legal, ebay just wants to screw more money out of people. Here is why.Here is a quote from the ebay website The Unfair Commercial Practices Directive (April 2008) makes it an offence in the UK for a business to falsely represent itself as a private individual. So if you are misleading potential buyers into thinking that you are a private individual when you are in fact a business seller (ie: by not registering as a business seller with eBay), you will be breaking the law. source: http://pages.ebay.co.uk/help/policies/business.htmlthat s fine but can t I just state in my listings that I am a buisness why do I have to have ebay do it for me?It sounds to me that as long as I declare I m a buissness then it s legal, there is no law that says I have to tell ebay that I m a business.Am I right?Or is it illigal for me not to tell ebay that I m a business and have them rob me more?Thank you.

I believe they are correct on the law.= but so what ???It won t be eBay that comes after you ... HMRC (the Taxman) has a computer that spiders the eBay auction site looking for high feedback individuals with lots of sales of the same items .. hits are brought to the attention of the Enforcement Officers .. I m sure eBay is well truly fed up with HMRC demanding records of individuals accounts and auctions going back 7 years ... (so they can discover if you are trading under multiple ID s)At a guess, eBay simplistic you are a business counter has noticed your sales have risen above some threshold and so their computer is spitting out a form email ..

Technically you are right - your responsibility is to ensure your customers are not misled and you have no legal duty to tell eBay.But eBay are entitled to make use of their service dependant on any conditions they choose. Whats more, I can see no disadvantage of registering as a business with eBay. And because buyers can filter the item listings on whether you are a business or not, it may be that if you don t register people will think you are a private individual even if you do try to make it clear in your listing.

it s up to you...but if you are a business you should be registered for VAT i think..so you will be breaking the law if you admit it then don t declare it.

just advertise your stuff as everyone else does

Now that your little rant is over, here s a couple of things that you have stated that makes no sense: can t I just state in my listings that I am a buisness? ....Ebay is operated by people, which means if you state in your listing you are a business, they will read it. It seems to defeat the purpose. As a business owner, Ebay or any other fees are expenses of doing business. Something else you my not have considered: Your customers. Wouldn t you as a business owner want to build credibility with your customers and separate yourself from the hucksters by having your business listed? People would rather buy from a real business than some Joe Snook who may steal their identity or credit card. You want people to shop at your business, but you re quibbling over something that you re going to deduct as an expense anyway.The problem isn t Ebay, it s your long term thinking that s a bit off center.

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