Detailed Explanations of Site Policies Concerning Restricted Items
- Adult Material.
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The following items are prohibited on the Site:
- Photography, paintings, illustrations of any sort, textual descriptions, videos, DVDs, tapes or other media for visual reproduction that is pornographic or depicts a human being engaged in actual sexual conduct, including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person, or (vi) necrophilia, rape, incest, or acts involving bodily fluids;
- Any item depicting a nude individual under the age of 18 years;
- The offer to engage in sexual activity with any person, living or dead, or animal;
- The offer of a massage or other service requiring physical contact;
- The offer of any service that suggests or in any way conveys an intimate service contact, including dates, escorts or other such services;
- Adult novelties, toys, and devices of a sexual nature for which one would have to be 18 years of age to purchase in the United States.
Exceptions and Clarifications: The following items may be offered on the Site:
- Nudity is permitted if the artwork is considered fine art such as Michelangelo's David
- Topless and suggestive images found on vintage postcards, pin-up photos and the like.
- Airline Tickets.
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Airline tickets, vouchers, and frequent flier miles may not be posted on the Site. See also restrictions on Travel items, in general.
- Alcohol, beer and wine.
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Alcoholic beverages including beer and wine, except as specifically allowed below, may not be sold on the Site. Exceptions and Clarification: Sellers can sell the following items:
- Wine and beer making kits that do not contain any alcohol.
- Alcohol related collectibles and paraphernalia.
- Food items containing limited amounts of alcohol and otherwise do not violate policies against selling and shipping food.
- Unopened containers that contain alcohol as long as (i) the container is not available in a retail store, (ii) the value of the container exceeds the value of the container contents by a significant margin as if the contents were sold in a non-collectable container, (iii) Seller has taken the necessary steps to insure the buyer is at least 21 years old, and (iv) Seller is in compliance with the specific shipping regulations of the carrier Seller chooses.
- Animals and Wildlife Products.
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The following items may not be sold, traded, leased, or in any manner exchanged on the Site, except as otherwise noted below:
- Live animals and plants;
- Any animal part including teeth, paws, organs, glands, genitalia, pelts, skins, shells, or racks taken from endangered or protected species or products such as a lamp or rug made from these animal parts;
- Exotic tropical fish;
- Live reptiles or reptile eggs;
- Stuffed or mounted birds or bird parts or bird nests or bird eggs;
- Marine mammals and products made from marine mammals, including but not limited to, sea otters, whales, porpoises, dolphins, and seals.
- Steel jaw leghold traps with a spread of 5.5 inches or more and that lack offset jaws and animal traps with teeth that are 5.5 inches long or more.
Exceptions and Clarification: Sellers can sell the following items:
- Non-exotic tropical fish;
- Any item containing ivory as long as it is sold to a purchaser in the United States and the Seller complies with all applicable US federal, state and local laws;
- Mounted specimens, feathers, and eggs of captive-bred Mallard ducks (marked as Mallard ducks) and other non-endangered native birds such as ostriches, emus, exotic pheasants, Mandarin ducks, guinea fowl, and peafowl, as selling these mounted specimens does not violate the state or local laws of either the Seller or buyer;
- Mounted and legally hunted upland game birds (i.e., quail, turkey, pheasant, grouse) as long as selling these mounted specimens does not violate the state or local laws of either the Seller or buyer;
- Animal skins and pelts taken from animals that are neither protected nor on an endangered species list.
- Art.
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Art may be offered on the Site as long as such sale is in compliance with and not in violation of any of the following provisions:
- Unauthorized copies or reproductions of any work of art may not be knowingly sold;
- The sale of a reproduction (in the form of a poster, print, or exact replica painting) does not violate any applicable laws, copyrights, or trademarks;
- The work of art does not constitute "Pornography" as described in the Adult Material section above;
- Concerning the sale or replica paintings, the words "Reproduction" or "Repro" are included in the title and clearly stated in the description;
- The artist's name may be included in the title of the listing when listing a work by the artist himself or an exact replica of the artist's work.
- An item may not be described as genuine unless reasonable evidence to prove its authenticity exists;
- Any information concerning alterations, conservation, or repairs performed on the work of art shall be clearly disclosed in the description of the item.
- The advertisement or sale of any work of art shall not include any deceptive practices, such as false or misleading claims of the item's scarcity, value, or condition.
- Artifacts.
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Sellers may not sell artifacts taken from battlefields, federal, state or Native American land or any land under the control of the public Department of Interior Agencies and the Department of Agriculture Agencies.
- Cells Phones and Cell Phone Service Contracts.
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Cell Phones may be sold individually or bundled with a cell phone service contract as long as: (1) the Seller of the wireless service contract is an authorized reseller; (2) any and all restrictions (i.e., what states or regions the service is offered in) are clearly listed,
- a full refund is available for a period of ten days following the sale of a cell phone bundled with a wireless contract in the event the wireless carrier rejects the buyer
- Charity and Fundraising Efforts.
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Seller agrees to comply with federal, state and local laws regulating charitable fundraising.
- Clothing.
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Clothing, including used clothing, may be sold except as follows:
- Used underwear may not be sold;
- Used clothing must be cleaned before sale.
- Credit Cards
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Neither credit cards nor debit cards may be sold unless (1) the cards are inactive and the expiration date is at least ten years earlier than the date of the sale of the card, (2) the credit card issuer does not prohibit the sale, and (3) if a photo of the card is posted on the Site then at least a portion of the name or credit card number is not readable.
- Coins and Currency.
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Sellers may not sell any equipment used in the production of coins, currency or other legal tender. Sellers may not sell counterfeit coins, bank notes, bonds, money orders, securities, or replica coins. Sellers may sell coins and currency as long as:
- Seller fully and completely discloses all information about the authenticity of the coins/currency including any alterations to the coins/currency or other information that may impact value;
- Replications must be clearly marked as reproductions, copies or replicas;
- Sellers selling replica coins comply with all applicable U.S. federal law regulating the sale of replica coins;
- Sellers selling replica paper currency comply with U.S. federal laws as to the permissible size or the reproductions.
- Concert or other event ticket.
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Sellers may resell concert or other event tickets to the extent allowed by applicable law. Primary ticket sales may not be conducted on this Site.
- Drugs and Drug Paraphernalia.
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Neither controlled substances (including narcotics and steroids) nor drug paraphernalia (including items intended or designed for use in manufacturing, concealing or using controlled substances) may be listed on the Site. Furthermore, Sellers may not state or imply that legal substances or compounds when ingested, inhaled, or otherwise used provide unsubstantiated health benefits or provide the same effect as an illegal drug, compound or substance.
- Electronics equipment.
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Electronic equipment may be sold on the Site. However, the sale of equipment banned by the Federal Communications Commission and other federal and state regulatory agencies is prohibited, including but not limited to:
- Devices interfere with police radar or laser devices;
- Scanning receivers and radios that receive cellular transmissions or have "full 800mz" coverage;
- Products that change stoplights or otherwise affect traffic signal patterns;
- Devices used solely to descramble or access cable or satellite television programming without proper authorization from the satellite or cable operators;
- Devices that transmit low power radio in violation of FCC regulations;
- CB radio amplifiers;
- Devices used to modify or calibrate automobile odometers;
- Products that designed primarily to record the private oral, wire or electronic conversations of others without their knowledge or permission including telephone bugs, wiretap devices, miniature transmitters, and surveillance microphones.
- Firearms.
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- The sale of the following items is prohibited: BB guns, blank guns, stun guns, all manner of firearms (including antiques, collectibles, and sport & hunting firearms), silencers, items that can be used to give a firearm automatic capability, kits that can be used to create a firearm, potato guns and cannons, flares, flare launchers, flare guns, flare gun receivers, short barrels and parts or accessories prohibited for sale by federal or California law, including items related to short-barreled shotguns or short-barreled rifles, fully automatic weapons, large-capacity magazines, multi-burst trigger activators and camouflaging firearm containers and any illegal firearm-related items.
- The sale, between a buyer and seller, both of which are located in the United States, of the following items is allowed: Airsoft guns, pellet guns, paintball guns, imitation guns clearly marked as such and incapable of firing a lethal projectile
- Food Items.
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Sellers listing food items must (1) be properly licensed by the state in which they reside to sell food, (2) comply with all applicable federal and state labeling (nutrition, ingredient, and place of manufacture) laws, (3) package the food items to ensure that the buyer can identify evidence of possible tampering, and (4) deliver all items to buyers prior to a clearly marked expiration or "use by" date. Sellers who list perishable items should clearly identify in the item description the steps that they will take to ensure that the goods are delivered to the buyer safely. The following items may not be listed on the Site:
- Listings claiming that the item has medicinal value in the treatment, diagnosis, cure, mitigation, or prevention of disease;
- Non-pasteurized dairy products;
- Fruit and vegetable juice products that have not been heat pasteurized;
- Wild mushrooms;
- Expired military MREs (meals ready-to-eat).
- Gift Cards.
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Gift cards may not be resold.
- Government Transit Documents.
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The sale of any official internal, non-public documents, manuals, or other materials related to mass commercial public transportation, including internal manuals put out by commercial airlines, or entities operating subways, trains, or buses is prohibited.
- Government Uniforms and IDs.
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The sale of any article of clothing, government ID or license, or item that claims to be, or that looks similar to, government uniforms or identification documents or other items related to transportation security or employment with any transportation related industry is prohibited, except that vintage commercial airline, train, or subway clothing (i.e. ties, scarves, jackets, and similar items) or identification documents may be sold so long as the item description clearly states that the item is at least 10 years old, is no longer in use, and does not resemble any piece of the transportation company's current uniform or identification documentation.
- Government Licenses.
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Sale of the following items is prohibited:
- Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents;
- United States passports except for expired U.S. passports issued more than 20 years prior to the date of sale;
- Current private vehicle license plates, or plates that claim to resemble such license plates, except for collectible vehicle license plates that are at least 3 years old may be listed;
- Government vehicle license plates or plates that claim to resemble such license plates;
- Vehicle Identification Number (VIN) Plates, VIN Plate Rivets, Vehicle Titles, Vehicle Title Stock;
- Any item that is primarily used to alter identification documents, licenses, or plates;
- Fake identification cards, or any items that are designed for the manufacturer of such cards;
- Congressional Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Purple Heart, and certificates for these medals, and any associated ribbons, buttons, or rosettes of any such medals.
- Hazardous, Restricted and Perishable Items.
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Hazardous or dangerous goods are heavily regulated by federal and state regulations. Sellers may not sell any item on the Site if the sale violates federal or state law or the regulations of the carrier (U.S. Postal Service or private carrier). The following is a non-exclusive list of hazardous or dangerous items regulated by federal and/or state law, and seller should consult with their own attorney and/or the specific regulations to insure compliance with applicable law, regulations and restrictions:
- Carbon Tetrachloride: Antique fire extinguisher, including glass bulb fire extinguishers and brass extinguishers with a "T" shaped handle
- Exit Signs, Glow Sticks or similar, self-luminous devices that contain Tritium
- Radium
- Fireworks
- Mercury based products
- Batteries
- Radioactive Waste and 'Contaminated' Items
- Freon and other refrigerants
- Nuclear waste and other nuclear items
- Humans, Human Body Parts and Remains.
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The sale of humans (alive or dead), human skeletons, skulls, and human body parts including organs, fluids, bone marrow, eggs, sperm, blood, and waste is prohibited.
- Items Encouraging Illicit Behavior.
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The sale of any item that encourages or instructs one in how to carry out illegal activities such as how to blow up a building or cultivate illegal narcotics is prohibited.
- Knives.
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The sale of switchblade knives (any knife having a blade which opens automatically (i) by and pressure applied to a button or other device in the handle of the knife, or (ii) by operation of inertia, gravity, or both) , butterfly knives, disguised knives (a knife disguised to look like something other than a knife), and push knives is prohibited.
- Lottery Tickets.
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The sale of lottery tickets is prohibited.
- Mailing Lists and Personal Information.
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The sale of items containing the social security number of any person, living or dead, bulk email, Internet Protocol (IP), Instant Messenger (IM), or mailing lists that contain names, addresses, phone numbers, or other personal identifying information is prohibited. Any tools or software designed predominantly to send unsolicited commercial messages (UCE or "spam") will not be permitted.
- Medical Devices.
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The sale of medical devices is regulated by federal and state law and Sellers are responsible for insuring their own compliance with applicable law, Within the confines of these laws, Sellers may sell medical devices to authorized purchasers, except that the following items may not be sold on the Site:
- Contact lenses;
- Prescription eyewear except that the sale of vintage eyeglasses sold as a collectible is permitted;
- Electrical Muscle Stimulation (EMS) units and their accessories that require a prescription;
- Transcutaneous Electrical Nerve Stimulators (TENS) machines and their accessories that require a prescription;
- Oxygen concentrators, oxygen compressors, oxygen conservers and their accessories that require a prescription;
- Defibrillators that are not approved for over-the-counter sale;
- Pulse oximeters that are not approved for over-the-counter sale;
- Continuous Positive Airway Pressure (CPAP), Bilevel Positive Airway (BiPAP) devices, and Variable Positive Airway Pressure (VPAP) devices that require a prescription;
- Implantable devices, such as pacemakers, heart valves, vascular grafts, ventricular bypass devices, and implantable infusion pumps.
- Offensive Material.
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Posting the following items on the Site is prohibited:
- Items that promote or glorify hatred, violence, racial or religious intolerance, or organizations with such views may not be posted on the Site. Examples of items that promote hatred, violence, or racial or religious intolerance or are generally offensive and lack any social, artistic, historical or newsworthy value include items that bear the marks of such organizations, such as relics or memorabilia from the Nazis, neo-Nazis and Aryan Nation, or KKK, music or films that promote hatred and racial supremacy, Holocaust denial books, crime scene photographs, morgue shots, letters and artwork from notorious murderers, electric chairs and other capital punishment items;
- Items related to natural disasters or human tragedies that graphically portray, glorify or attempt to profit from human tragedy or suffering and which lack substantial social, artistic, news, or political value;
- Racially or ethnically offensive items that use racially charged epithets and slang and lack any historical, artistic or newsworthy value.
- Pesticides.
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The sale of pesticides is prohibited.
- Plants.
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The sale of noxious weeds and seeds is regulated by federal and state law and is therefore only allowed on the Site to the extent allowed by law.
- Political Memorabilia.
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The sale of political memorabilia is regulated by federal and state law including the Hobby Protection Act.
- Postage Meters.
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The sale of postage meters is prohibited.
- Prescription Drugs.
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The sale of controlled drugs (whether prescribed for humans or animals) requiring a prescription from a licensed practitioner is prohibited.
- Recalled Items.
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The sale of items that have been identified by the Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall are prohibited.
- Real Estate.
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The sale of real estate is prohibited.
- Slot Machines.
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The sale is prohibited.
- Stamps.
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The sale of stamps is regulated by federal and state laws and Seller may sell stamps to the extent allowed by law. Furthermore, the following restrictions regulate the sale of stamps on this Site.
- Sellers may sell stamps as long as (i) a clear image of the stamp offered for sale is included, (ii) the listing includes all pertinent information about the stamp such as the stamp's origin, issue date, condition and whether the stamp has been used or altered, (iii) the stamp is not otherwise fraudulently or improperly described, and (iv) the Seller complies with all federal and state regulations concerning the sale of stamps.
- Sellers may sell fake stamps, a forgery or other reproduction as long as the stamp is clearly identified in the listing and marked as such.
- The sale of counterfeit stamps and equipment to make counterfeit stamps is prohibited.
- Stocks and other securities.
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The sale is prohibited.
- Stolen Property.
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The sale is prohibited.
- Teacher's Edition Textbooks.
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The sale of textbooks and manuals intended solely for a teacher's use is prohibited.
- Tobacco.
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The sale of cigarettes, cigars, smokeless tobacco or coupons for such items is prohibited. The sale of tobacco-related collectibles, (including tobacco related memorabilia and packaging) provided sellers comply with the above policy. These items are not subject to the same legal constraints. Prior to listing any tobacco-related items on eBay, sellers should read the 'Additional Information' sections to learn more about what tobacco-related items are not permitted.
- Tobacco Collectibles.
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The sale of tobacco accessories and collectibles is permitted and the sale of tobacco collectibles that contain tobacco is permitted as long as (i) the container is not available in a retail store, (ii) the value of the container exceeds the value of the container contents by a significant margin as if the contents were sold in a non-collectable container, (iii) Seller has taken the necessary steps to insure the buyer is at least 21 years old, and (iv) Seller is in compliance with the specific shipping regulations of the carrier Seller chooses.
- Tombstones.
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The sale of tombstones, historical graves and other similar or related markers is prohibited.
- Weapons.
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- The sale of the following hand weapons is prohibited:
- Nunchaku
- Brass, plastic or metal knuckles
- Leaded cane/staff/crutch/stick
- Zip guns
- Shurikens
- Throwing stars
- Knuckle knives
- Billy clubs/batons
- Sandclubs or sandbags
- Slungshots (also known as saps or blackjacks)
- The sale of Pepper Spray and Mace is prohibited.
- The sale of the following military items is prohibited:
- Equipment and supplies issued to and formerly used by United States Armed Forces that have not been disposed of in accordance with Department of Defense demilitarization policies.
- Military weaponry, ammunition, and related parts even if the item is unserviceable or has been demilitarized or demilled;
- Grenades, including metal military practice grenades, rifle grenades, dummy grenades, grenade launcher attachments, and mines.
- Used Cosmetics.
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The sale is prohibited.