FAO Ebay staff - Reporting businesses trading on private accounts

[howmuchtobid]

To whom it may concern.

It's about time it was made easier for Ebay users to be able to report businesses trading on private accounts in a much more straight forward way.  At the moment there is no obvious option when using the report item option, i.e. there is no business trading on a private account option.

I and many other business sellers/Ebay users have spent a lot of time reporting blatant business sellers on private accounts however we are often wasting our time as all we get is a pointless AI response which simply isn't good enough.

This is something that needs to be introduced urgently as it will help legitimate business sellers survive and hopefully flourish, also in many ways it will be of great benefit to Ebay. It will also help Ebay's image as having so many illegal sellers on the platform is not a good look.

Can someone from Ebay please confirm they have seen this, thank you.

[kempseykate]

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@therenewalworkshopltd wrote:

Well, I would have thought that a simple exclude would be in place anyway.

It's insane that they would allow a private seller to sell a food product.

I am unable to test this, as I simply don't have a private account any longer.

Can someone with one perhaps test it out please?

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I just quickly did a listing for a 'home made cake' with little info other than 'unsliced' and 'home made', with a description of 'Baked in a reasonably clean oven'!  The category was Bread & Bakery, in Home, Furniture & DIY > Food & Drink. 
I wasn't asked for any further info about ingredients or best before date. 

I obviously didn't put it live, but I did schedule it, and it went through fine.

Frightening!

[dch2112011]

Yet if you read the ebay policy, that would be simply impossible - the policy states exactly the correct procedures - What does that say about policy and implementation ?

[dch2112011]

The more I read the excellent observations by the members on this forum the more I suspect that ebay write policies to be seen to be doing the right thing to avoid criticism and ramification - making token gestures to implement the policies to show willing when in reality it appears that ebay is in fact a free for all - putting the total responsibility on the sellers - if this is correct why would they need any policies at all if they truly believe they have no responsibility whatsoever ? 

It is not only ebay - no wonder the government produce laws forcing the platforms to comply 

[sharn_3757]

If I recall correctly, during lockdown when a lot of little food from domestic kitchen sales sprung up, there was a reinforcment of trading conditions, ie a council official had to visit the premises and it had to be declared as trading, therefore a business.

This seller maybe has a shop, in which case they are a business. The storage of this item can be tricky....sugar products have to be stored correctly so they dont go too sticky, soft or brittle. With the amount they are selling, a private seller unless they have a huge house would be unable to store in accordance with regulations.

[myriad*seller]

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@therenewalworkshopltd wrote:

But if it is the case, then I can't beleive that in all these years there hasn't been some sort of legal case prosecuted against a seller on Ebay.

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The biggest issue is that the buyer does not know the sellers name and address when buying from a private seller, and eBay won't give the buyer that information, so *how* would they take legal action against a seller if say for instance, a buyer died from peanut allergy from consuming confectionery that did not mention peanuts? 

[myriad*seller]

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@dch2112011 wrote:

I agree but many can  and ebay like facebook and others take absolutely no responsibility for listings leaving it to the sellers to take the responsibility but  in reality buyers after a bargain do not look beyond the end of their noses - it seems price outweighs common sense until it is too late.

Loose unwrapped sweets put in a postal box with no information - sell like hot cakes  when in reality the sellers are buying bulk loose sweets and probably stuffing their hands in the jars next to the dirty dinner plates after  picking up the dog poo from the garden as they stroke the cat wandering around the worktop who licks their fingers  as they push them into a recycled unhygenic cardbox from China  - But they are cheap !

Insanity rules when people spot a bargain and then they give them to their kids - who is at fault , the fools for buying them, the seller or ebay - all of them in reality !

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I was recently in a "sweet  sellers" storage unit - their garage - complete with nesting swallows and holes large enough for mice and rats to enter! No handwashing facilities, all sweets bagged by hand on the table, which I did not see them wipe before starting.... lovely! Their three dogs ran round our feet as they bagged the sweets.... and she picked up the dogs during bagging....

[ett1954]

"I was recently in a "sweet  sellers" storage unit - their garage - ..................." That would be a fail on so many levels during a food inspection I can only assume that this person had not had their 'storage' facility inspected by the local environmental health department.  I would have to assume that the seller was operating under the radar; i.e. illegally.

Unfortunately environmental health only act on information received; either through the operator (who is supposed to inform the local authority and be approved and registered before operating a food business), a 'tip-off' by a concerned member of the public, or through investigation of a complaint (hygiene, foreign body contamination, alleged food poisoning etc.)  These 'back-street' operations should always be reported to the environmental health department of the authority in which they are operating - the penalties are very severe.

[vinylscot]

From all the conversations about private/business accounts, it is pretty clear to me that very few private accounts (if any) should be able to sell food.

Apart from the legal requirements - trading and safety, they MUST be either buying these items to sell, or making them to sell. Therefore, they should have business accounts.

Nobody has a large collection of food, built up over many years, which they decide to dispose of. Nobody is left a large quantity of food in a relative's will. Nobody has so much food, just lying around, that they decide to "down-size" their larder.

Surely it would make sense for eBay (legally, if not financially) to prohibit private sellers from selling food?

[ett1954]

" ........... putting the total responsibility on the sellers ..........." 

This could result in some interesting legal implications for eBay.  It could be argued that eBay are acting as a conduit for food supply in much the same way as a food distributor is.  A food distributor is required to be approved and registered in much the same way as a food wholesaler is.  A food distributor has liabilities under food law which could negate "the seller is responsible for their listing" in eBay's terms and conditions.

Food legislation is very complex in some areas and is something only the courts can determine.  At the end of the day the legislation is there to protect public health.

[kempseykate]

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@vinylscot wrote:

From all the conversations about private/business accounts, it is pretty clear to me that very few private accounts (if any) should be able to sell food.

Apart from the legal requirements - trading and safety, they MUST be either buying these items to sell, or making them to sell. Therefore, they should have business accounts.

Nobody has a large collection of food, built up over many years, which they decide to dispose of. Nobody is left a large quantity of food in a relative's will. Nobody has so much food, just lying around, that they decide to "down-size" their larder.

Surely it would make sense for eBay (legally, if not financially) to prohibit private sellers from selling food?

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Actually, my BiL died in March of this year. My OH, who drinks a fair amount of tea, has just opened that last large pack of tea-bags. Today we are having the last of the frozen ready meals for lunch, we are getting through the tuna/frozen chips/onion rings, and have a cupboard shelf full of tinned veg!
And as for the cleaning stuff ... as well as the stuff I could fit in the house, I have 3 crates full in the garage (including about 6 bottles of disinfectant)!
I didn't even consider selling the food on here. The food bank got quite a bit of the tinned/packet food, we shared out the fresh/frozen stuff, and used/are using the rest.

But, I agree, absolutely no need for private sellers to sell food.

[ett1954]

" ... they MUST be either buying these items to sell, or making them to sell."  Either, or both, of these require the seller to be registered with their local environmental health department.  This registration determines them as a business.

If they are registered with their environmental health department then therefore they are incorrectly registered on eBay

If they are not registered with their environmental health authority then they are operating illegally.

[therenewalworkshopltd]

So far down since I saw them, but to those who posted about no address for private sellers.

I must admit, it's been a long time since I bought anything from a private seller, but going back, they have tended to be collections.  So you get to know the address anyway.

But I was under the impression than once an item was sold, the address was given with the sale?

Also, if they are using postage, then in most (maybe not all), a return address would be included.

That along with the fact that if you were going down the route of chasing a seller for food poisoning etc, then I would imagine, that you would be getting the local agency involved, who should have the power to get this information from Ebay.

At the end of the day though, if someone wants to do something about this kind of thing, then it wouldn't be that difficult to do so.

[ett1954]

eBay actually has a food policy:  Food policy | eBay  

Interestingly (my bold):

When listing food items that are allowed, sellers must:

• Ensure food items are properly packaged and stored safely
• Clearly state the expiration date in the item description
• State how perishable items will be delivered, and ensure they are delivered to the buyer before the expiration date
• Before selling food items, you must register your business with the UK local authority

This clearly states that you must be a registered business to sell food on eBay, so just another case of eBay not enforcing their own policies.  This implies you have to be a business to sell food on eBay.

[dch2112011]

That's gross !  

or maybe it's a deliberate tactic to improve childrens immune system by spreading infection until they become immune ?

[therenewalworkshopltd]

I did actually go look at that policy earlier, which is why I find it strange that they simply leave the door open.

It really wouldn't be that hard to cause a mass issue, with bad food.

I mean, if you get lucky with a product, you could be selling hundreds before you know it.  And all it takes is for one bad batch.

The damage that could be done to Ebay, is unthinkable.  And it would kill any established food business sellers, actually complying with the rules etc.

If I actually remember to attend, I think this is one that should at least be raised on the weekly chat.

[sharn_3757]

Just had a reply from ebay re the 'private seller ' selling food items..... they found the listing wasnt n any violation. 

I reckon I'll close my business account and start again, selling brand  new items Ive bought from a factory wth the intention of reselling as a private seller.

[ett1954]

As I said in post # 33: ".... so just another case of eBay not enforcing their own policies."

[lupo-store]

We have just checked again on one search for a product where we are the top seller on eBay. This is for digital food thermometers.  We probably have a 30% market share.

There are 1200+ UK listings which are for new items with private sellers.  If we check on Terapeak the 3rd highest seller was a private listing.  Our sales have dropped by 25% compared to last year.  It's not hard to see how.  The quicker eBay gets these all removed the better as the many hundreds of units sold would be re-distributed and we would pick up a lot of those.

I know eBay say they have selling limits for private accounts but they are using virtual stock levels.  

NO PRIVATE ACCOUNT SHOULD BE ALLOWED TO LIST MORE THAN 5 LITINGS WITH MULTIPLE QUANTITIES.  

PROBLEM SOLVED.

[therenewalworkshopltd]

Just for reference, I did a search ealier for Handmade Cakes.

This is for ONLY private sellers.....

https://www.ebay.co.uk/sch/i.html?_fsrp=1&rt=nc&_from=R40&_nkw=homemade+cake&_sacat=0&LH_SellerType=...

Only 865 items!  Whilst I would imagine there are a lot of them who are actually business and have the relevant qualifications etc, there are going to be quite a few, that are literally out of the back kitchen.

[ett1954]

Just checked a few out, so many contraventions of food legislation, particularly on ingredient listings, expiry dates (Use by, Best Before; although these may be on the item packaging when delivered), and allergen listing.

As you say some are correctly registered food businesses also selling on social media and other selling platforms and with statements such as "I am open (through ebay) to wholesale enquiries. "  this does tend to confirm they are a registered food business.  I am sure the food itself would pose no threat however many are not providing the correct information on their listing to comply with food regulations.  Not being registered as a business on eBay is obviously to take advantage of reduced fees.  eBay don't care as we all know.

More concerning are those obviously not a registered food business.  At least one is using nuts with no mention on the listing.  Food poisoning is bad enough, but even cross contamination with nuts in the household on a food item would result in someone with a severe nut allergy being seriously affected or even killed by eating one of these products.  Someone at eBay needs to get a grip on this issue before the Food Standards Agency become aware.

I am sure it is just not eBay who are impacted by this issue; food safety legislation seems to have 'gone out the window' with digital selling platforms.