How can eBay condone breaches of their own policy?

[dudl_gu]

I listed a used fragrance this morning, Friday 18 April 2025 - in the afternoon, same day, I received a message from eBay telling me that the item had been removed as it violated their Cosmetics & Perfumes policy. I did a quick search for used fragrances [same brand as my removed listing] on eBay and found that there are currently over 2200 used fragrances listed on eBay of the same brand - the eBay agent agreed that all of these listings were breaching eBay's Cosmetics & Perfumes policy but added that unless these are reported, there is nothing they can do about these breaches - so, in truth, they are allowing and condoning these breaches to continue - the only way they can be removed is when someone reports the breach to eBay. So folks, if you want to sell a used fragrance, it's an absolute lottery and you will have to rely on someone not reporting the listing to eBay - I find this poor business practice and eBay should be ashamed of it! I can't help thinking that eBay is losing the very core of it's genesis - to promote business through community - recent business practices have made me doubt the very core and integrity of eBay as a business and it is little wonder why they are facing such stiff competition from others.

[*vyolla*]

There isn't an option to select 'used' as an item specific, so all of those sellers must know what they're doing and that they're trying to get round eBay policy.

Some listings get reported, some get picked up by bots. Problem is, if the fragrance is listed as 'new' then the bots don't usually pick it up. 

However, a buyer is buying a brand new unopened fragrance, so may not be happy to find out that it's really a used one, in which case the seller would need to pay for the cost of the return. 

[plpmr]

adding to the advice already given -

you are really tempting faith by listing an empty bottle as new.

[fargvs]

Sale of used Perfumes and Cosmetics is not permitted for obvious Health, Hygiene and Safety reasons >

https://www.ebay.co.uk/help/policies/prohibited-restricted-items/cosmetics-perfume-policy?id=4290

Items offered in those Categories must be NEW and sealed in Manufacturers Original Packaging.

[dudl_gu]

Thanks and I agree with you - my question would be "Why do eBay permit thousands of sellers to sell used fragrances in that case and why don't they enforce their own policy?" 

[dudl_gu]

Thanks for your message - eBay don't have a category for used and I believe that because I'm not selling any actual fragrance but simply the empty bottle that it came in, I'm not in breach of any policy. That said, I'm disappointed that eBay consistently fail to enforce their own policies, thanks again.

[red_magpie]

my question would be "Why do eBay permit thousands of sellers to sell used fragrances in that case and why don't they enforce their own policy?"

To answer your question, you accepted in Section 2 of the user agreement that: "Except for certain checks, including those designed to verify that listings do not include illegal content (as described in the Illegal content section), eBay does not review users' listings or content". 

Section 2 goes on to explain that sellers are entirely responsible for the content of their listings and eBay "does not guarantee the existence, quality, safety or legality of items advertised, or the truth or accuracy of descriptions".

So basically you have been warned and accepted that adverts here are unchecked and items may be untruthfully described, illegal, unsafe or not even exist.

Would you buy from a shop that stated this? If you choose to buy here, don't expect it to be like buying from the shops. eBay is a jungle.

[dudl_gu]

Thanks, yes, after 10 years of trading on eBay, I’ve accepted that eBay is no longer the friendly community marketplace it once was, but simply a lottery, as you say, in a jungle - such a shame it has lost that community feeling and is now regarded as just another online sales platform where it’s every man and woman for themselves! But I’m still left questioning why on earth eBay has policies it rarely enforces and when it does enforce a policy, it’s punitive against the few and toothless against the majority!

Sent from my iPhone

[tommystrezures]

It will be in many cases as previously mentioned they just haven’t been reported.

One of the other reasons not mentioned is that it its prohibited to send used perfume through the mail system. If you read the T & C's of say evri they don't allow it at all and if using royal mail it has to be in its original packaging. If perfume is open it presents a huge fire risk as not all services within the UK are sent by road, air is still used at times. If the carriers find it they have every right to destroy the items.

[red_magpie]

still left questioning why on earth eBay has policies it rarely enforces

eBay would say that it's your responsibility to read and follow their policies. It would be impracticable for eBay to check the millions of listings placed here; instead, they provide a strong money back guarantee when a buyer receives an item that is not as described.

The fact is that selling part used perfume is not allowed here and your listing was reported to eBay. Others may not have been - yet - but this doesn't make it unfair. Try complaining to a police officer that it was unfair to stop you for speeding because lots of other drivers speed and get away with it.

[dudl_gu]

I hear what you say but why can't eBay prevent the listings of prohibited items when the seller is actually listing them, rather than shutting the gate after the horse has bolted - a simple piece of software could kick in when a prohibited item is being listed and stop the item from being listed in the first place - in this world of 'anything's possible' - such software is child's play - and would prevent the 24,000 used fragrances, currently listed in the UK, from breaching eBay's Cosmetics and Perfumes policy. C'mon, if eBay were serious about keeping the eBay community safe, they would take the right and immediate steps to prevent the practice from happening in the first place. But, hey, why miss out on 24,000 potential sales and profit! 

[*vyolla*]

What could the software pick up on though if the sellers are listing their used fragrances as new?

[dudl_gu]

Hi, yes, it's difficult to pick up complete dishonesty, but it could, for example be picked up if there is a difference between the 'new' volume and the 'actual' level of perfume being sold. For example, if a seller is listing a 250ml bottle of perfume as new, then the new and the actual levels would need to match, exactly, no ifs no buts! Clearly, if there is a mis-match between the new and actual volumes, software could identify this and prevent the seller from selling it at all or declare it as used and allow it to sell to buyers. Personally, I don't mind if new or used items are sold but if there is a policy to prevent used perfumes being sold, as there is, it must be applied to everyone and it must be applied fairly - software would enable the policy to be enforced. At the moment, only those sellers against whom individual reports are made, are prevented from selling used fragrances - it's a bit like not having a police force but only relying on citizens' arrest! Currently, there are 24,000 used fragrances for sale on eBay, all of which, without exception, are in breach of eBay's Cosmetics & Perfumes policy that states that used perfumes cannot be sold on eBay.