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Importation of Goods

If you are importing goods into one country from another, either by selling or buying items listed on eBay, you are responsible for ensuring that the importation of that type of product complies with applicable national and local laws. These laws often are complex, and issues will vary depending upon exactly what item is involved and the countries in which the buyer and seller reside.

Four reasons to check applicable laws before importing goods into your country:

  • Customs officers could stop and seize your product at the border and you could be fined or face other liability because of the seizure

  • You could face legal liability from the owners of trademarks, copyrights or other rights that might be involved

  • You could face other civil or criminal liability, depending upon the type of product involved

  • You could have your listing ended early by eBay and/or have your eBay account suspended

Violations of this policy may result in a range of actions, including:

  • Listing cancellation

  • Limits on account privileges

  • Account suspension

  • Forfeit of eBay fees on cancelled listings

  • Loss of PowerSeller status

Some Examples

Examples of some goods that might be subject to import restrictions:

  • Copyrighted works: The owners of the copyrights in literature, music, movies, software, video games, and photos may have certain rights under the law to prevent the importation of goods, which were intended for distribution in another country. Importation of such products without permission may be an infringement. This may be true even if the good is a genuine copy and legal to distribute in the other country.

  • Trademarked (branded) goods: The owners of the trademarks on branded goods may have certain rights under trademark law to prevent the importation of goods, which were intended for distribution in another country. Importation of such products without written permission may be an infringement. This may be true even if the good is a genuine copy and legal to distribute in the other country.

  • Patented goods: The owners of the patents may have certain rights under patent law to prevent the importation of goods, which employ technology protected by a patent. Importation of such products without permission may be an infringement. This may be true even if the good is a genuine copy and legal to distribute in the other country.

eBay strongly recommends that you carefully review your government's Web sites and other sources of information concerning the importation of goods, and (if necessary) consult with an expert in this field before completing any transactions.

Here are some examples of potentially infringing imports:

  • Music CDs that were intended for distribution in the United Kingdom (even if they are genuine copies)

  • Videos that were intended for distribution in Canada (even if they are genuine copies)

  • A video game player or software that is the Japanese version of the player or game and not intended for use in the United States. (Note that the offering of "mod chips," "emulators" or other devices intended to enable the use of unauthorised imports also may violate copyright laws)

  • A computer hard drive that uses processes or technology patented by someone in the United States

  • A t-shirt with a logo that was authorised for use abroad

Why does eBay have this policy?

eBay urges its sellers and buyers to comply with all governmental laws and regulations. Since the importation of goods are highly regulated by the Australian government or may cause harm to eBay or its members, members should educate themselves on the laws governing the importation of goods prior to listing those good on eBay.


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