Prohibited and Restricted Items - Overview
Before you list your item, you need to find out if your item is allowed on Auctiva Commerce and if the type of item is subject to certain restrictions to avoid potential issues with your listing. As an Auctiva Commerce seller, you are ultimately responsible for making sure that selling an item is legal in the eyes of the law and not in violation of Auctiva Commerce listing policy.
Understanding the rules about prohibited and restricted items
- Policies about listing items are often based on country and state laws. However, many restrictions may involve the sale of dangerous or sensitive items and are not necessarily prohibited by law.
- When selling across borders, be aware of international trading and import restrictions. Certain items may be legal in your country, but may be illegal elsewhere.
Prohibited and Restricted Items List:
Violations of this policy may result in a range of actions, including
- Listing cancellation
- Limits on account privileges
- Account suspension
- Forfeit of Auctiva Commerce fees on cancelled listings
Auctiva Commerce does not permit academic paper writing and test-taking services, pre-written essays, thesis papers, dissertations, and offers for paper-writing or test-taking services.
Adult Goods and Services
Auctiva Commerce does not permit the sale of pornography and other sexually suggestive materials (including literature, imagery and other media); dating services; escort or prostitution services.
Auctiva Commerce does not permit the sale of alcoholic beverages on its website(s). Further, non-U.S. members may not conduct alcohol sales with any Auctiva Commerce member residing in the United States.
Auctiva Commerce permits the sale of alcohol-related collectibles, including alcohol-related memorabilia, packaging and containers such as bottles, decanters or limited edition cans. The United States Postal Service (USPS) does not allow the shipment of intoxicating liquors containing .5% alcohol content or greater, whether in collectible containers or otherwise.
- Selling Chocolates with Liqueur in them: Food products that use alcohol for flavor do not fall within these laws and regulations.
- Selling Wine-and Beer-Making Kits: Wine and beer-making kits are allowed on Auctiva Commerce, as long as the kit does not contain any alcoholic beverages.
Animals and Wildlife Products
Auctiva Commerce generally does not allow the listing of live animals or pets. In restricted cases, some stuffed birds and the pelts and skins of some animals are permitted. We encourage members to educate themselves on the laws governing the regulation of the sale of animals.
Artifacts, cave formations and grave-related items that are protected under federal laws, such as The Federal Cave Resources Protection Act of 1988, and the Native American Grave Protection and Repatriation Act and are not permitted on Auctiva Commerce.
Bulk Marketing Tools
Auctiva Commerce does not permit the sale of email lists, software, or other products enabling unsolicited email messages (spam).
Charity or Fundraising Listings
Charitable fundraising is a highly regulated area subject to numerous state and federal laws. Auctiva Commerce allows sellers to list items and collect proceeds (in whole or in part) on behalf of nonprofits.
Pornographic materials involving minors, or content that can be perceived as pedophilia, or erotica is prohibited on Auctiva Commerce.
Used clothing (except underwear) may be listed on Auctiva Commerce as long as the clothing has been thoroughly cleaned according to the manufacturer's instructions. Listings that contain inappropriate descriptions will be ended.
Most countries strictly prohibit the sale of counterfeit currency, as well as equipment designed to make counterfeit currency. Accordingly, sellers are not permitted to list these types of items on Auctiva Commerce.
Auctiva Commerce will permit sales of unopened collectible containers that still contain alcohol as long as each of the following conditions are met and stated verbatim in the listing:
- The value of the item is in the collectible container, not its contents.
- The container has not been opened and any incidental contents are not intended for consumption.
- The item is not available at any retail outlet, and the container has a value that substantially exceeds the current retail price of the alcohol in the container.
- The seller will take all appropriate steps to ensure that the buyer is of lawful age in the buyer and seller's jurisdiction (generally 21 years of age).
- Buyers and sellers both ensure that the sale complies with all applicable laws and shipping regulations.
Sellers should avoid listing an item which the seller is not permitted to sell due to contractual obligations entered into with a third party. Prior to listing items on Auctiva Commerce, sellers should carefully read any contract they have entered into that might prohibit or limit their rights to sell items on Auctiva Commerce.
Copyright Unlocking Devices
Auctiva Commerce does not permit the sale of unlocking devices or techniques, Mod chips or other devices or techniques designed to circumvent or allow the circumvention of copyright protection.
Auctiva Commerce does not permit the sale of unauthorized copies of books, music, movies, and other licensed or protected materials; copies of material without proper attribution or references.
Auctiva Commerce does not permit the sale of unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
Auctiva Commerce does not permit the sale of used cosmetics.
Counterfeit and Unauthorized Goods
Auctiva Commerce does not permit the sale of replicas or imitations of designer goods, items without a celebrity endorsement that would normally require such an association, fake autographs, currency, stamps; other potentially unauthorized goods.
Counterfeit Currency and Stamps
Auctiva Commerce does not permit the sale of counterfeit currency and stamps as well as equipment designed to make these illegal products. Therefore, these types of items may not be listed on Auctiva Commerce.
Replica coins may be listed as long as they are clearly marked "reproduction," "replica," or "copy".
All forged stamps, facsimiles, and reproductions may be listed but need to be clearly and indelibly marked as such on either the front or back of the stamp.
Auctiva Commerce permits the listing of inactive credit or debit cards, provided that the expiration date on the face of the card is at least 10 years old. Such 10-year old, expired debit/credit cards may be considered ’collectible’ and may have some collectible value. Sellers should examine the terms and conditions on the card to ensure that the sale of the expired card is permitted.
If posting a picture of the card, the seller should cover or block out at least part of the name and/or credit card number.
Drugs & Drug Paraphernalia
Narcotics, steroids or other controlled substances may not be listed on Auctiva Commerce.
Drug paraphernalia may not be listed on Auctiva Commerce. Such paraphernalia includes all items that are primarily intended or designed for use in manufacturing, concealing or using controlled substances.
Drugs, Describing Drugs or Drug-like Substances
Auctiva Commerce prohibits sellers from describing legal substances, such as plants or herbs, in a manner that suggests ingesting, inhaling, extracting or otherwise using any substance or compound from the legal substance will provide the same effect as an illegal drug, compound or substance or that will provide unsubstantiated health benefits.
Drug Test Circumvention Aids
Auctiva Commerce does not permit the sale of drug test circumvention aids, drug cleansing shakes, urine test additives, and related items.
Certain electronics equipment, (examples include cable TV de-scramblers, radar scanners, and traffic signal control devices), including equipment deemed unlawful by the Federal Communications Commission (FCC), is not permitted on Auctiva Commerce.
Electronic Surveillance Equipment
Auctiva Commerce does not permit the sale of products that are designed primarily to record the private oral, wire or electronic, conversations of others without their knowledge or permission (Examples include wiretapping devices, and telephone bugging devices). These small, easily hidden transmitting devices are illegal to possess or sell under Title 18, United States Code Section 2512, and their use also violates the law in many states and countries.
Embargoed Goods and Prohibited Countries
Various U.S. agencies have sanctions in place that substantially regulate or ban all trade with particular countries (including Cuba, Iran, Iraq, Libya, North Korea and other countries). Federal agencies have also banned or regulated trade between U.S. persons with certain organizations, businesses and persons. As a result, Auctiva Commerce does not permit the sale of embargoed items from, with, or to those countries, organizations, businesses or persons.
Under U.S. law, trade in items made in Cuba may not be lawful, depending on the nature of the item, when it was manufactured, and when it left Cuba, and other factors. Generally, items from Cuba may be sold only if they are "informational," "pre-embargo," or "licensed".
Sellers willing to ship internationally, and sellers of items made outside the United States, should periodically review current information about which countries may be affected by sanctions enforced by the Office of Foreign Assets Control of the U.S. Department of the Treasury.
Auctiva Commerce permits resale of tickets to entertainment events (including sporting events, concerts, and plays) to the fullest extent permitted by law. Ticket sellers are responsible for ensuring that transactions do not violate any applicable law.
Primary Ticket Sale Policy
Primary ticket sales may be listed on Auctiva Commerce and are exempt from state ticket resale regulations. To qualify as a 'primary sale' of an event ticket, the ticket must be sold on Auctiva Commerce by the artist, team, promoter or organizer of the event, and the seller must clearly and explicitly state in the listing that the listing is an authorized first sale of the ticket directly from the promoter, artist, organizer or team to the public.
Ticket Package Policy
Ticket packages may be listed on Auctiva Commerce, and are exempt from state ticket resale regulations. To qualify as a 'ticket package', the listing must not offer the buyer an option to purchase the tickets alone, and must include either:
At least one item or experience of substantial value related to the ticket event that the seller has coordinated with the event promoter, team, manager, artist, or venue, such as a backstage pass, a meeting with the performer, or an "experience" such as being a ball boy at a baseball game, or,
A complete travel package around the event must include both air transportation to the event location and commercial lodging for at least one night. Listings that offer tickets without these travel arrangements do not qualify as travel packages under this policy.
Financial or other Regulated Products
Auctiva Commerce does not permit the sale of financial or other regulated products, services, securities, and stored value investments, consulting, refinancing or transfer of non-collectible debt, stock brokerage, manual cash disbursements, money orders, traveler's checks, stocks, bonds, or related financial products. Units in collective investment schemes, stored value cards, credit services, provision of services regulated or prohibited by applicable law, are also not permitted.
Fund Solicitations & Donation Solicitations
Auctiva Commerce does not permit the sale of fund solicitations, donation solicitations without a valid 501(c) tax exempt status clearly displayed to the public. Section 501(c)(1), 501(c)(2) and 501(c)(14) services, solicitations from parties without valid proof of exempt tax status or proof of registration with the relevant country's regulatory bodies and authorities are not permitted on Auctiva Commerce. In addition, political organizations must have current registration with the FEC.
Firearms, Weapons and Knives
Firearms, including pepper spray, replicas and stun guns, are prohibited on Auctiva Commerce. Many firearm-related items, gun parts, gun accessories, stun guns, crossbows, hand weapons and throwing knives are not permitted on Auctiva Commerce.
The sale of food is regulated by the federal government and most state governments. Sellers who list food and food-related products should familiarize themselves with these laws before listing such items on Auctiva Commerce.
Lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content are not permitted on Auctiva Commerce.
Auctiva Commerce permits the listing of gift cards, with the following restrictions:
- The value of the gift card may not exceed $500.
- Gift cards must be in hand at the time of listing and may not be sold as pre-sale items.
- Only one gift card may be listed at a time, per seller.
- Multiple Gift Cards cannot be combined under a single listing.
Government and Transit Documents
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, are not permitted on Auctiva Commerce. The listing of government IDs or documents, fake IDs, passports, diplomas, and noble titles are not permitted
Government and Transit Uniforms
Any article of clothing, identification or other items related to transportation security or employment with any transportation related industry is not permitted on Auctiva Commerce.
Vintage commercial airline, train, or subway clothing such as ties, scarves, jackets, and/or similar items may be listed if the items does not resemble any piece of a transit company’s current uniform(s). The items must be at least 10 years old, is no longer in use, and in the description, is clearly stated.
Government IDs and Licenses
Government IDs and licenses, or items that claim to be, or that look similar to government identification documents are not permitted on Auctiva Commerce. Government-issued medals are also not permitted.
Hacking and Cracking Materials
Manuals, how-to guides, information, or equipment enabling illegal access or damage to software, servers, websites, or other protected property are not permitted on Auctiva Commerce.
Hazardous, Restricted, and Perishable Items
Hazardous or dangerous goods (such as explosives, radioactive materials, flammable gases, liquids and solids, and toxic substances) may pose a danger to health, safety or property while being transported, Such items are not permitted to be listed on Auctiva Commerce. For details see Postal Service Publication 52.
Human Parts and Remains
Auctiva Commerce does not permit the sale of organs or other body parts, body fluids, stem cells, or embryos.
Auctiva Commerce does not permit the sale of Native American skulls, bones or other Native American grave-related items.
Auctiva Commerce does not permit the sale of materials, products, or information promoting illegal goods or enabling illegal acts.
Auctiva Commerce does not permit the sale of goods you do not own or have the right to sell, goods produced in violation of a third party's rights, goods in violation of export or labeling restrictions.
Goods recorded on public registers (such as real estate) and whose transfer requires formalities that cannot be legally completed online are not permitted to be listed on Auctiva Commerce.
Importation of Goods into the United States
Members importing goods into the United States from another country, either by selling or buying items listed on Auctiva Commerce, are responsible for ensuring that the importation of that type of product complies with applicable U.S. laws.
Auctiva Commerce sellers are responsible for ensuring that their transactions are lawful in both the country of the seller and the country of the buyer. Auctiva Commerce strongly encourages its members to educate themselves about the laws of their own country as well as the countries where they plan to do business.
If you, as a seller in the United States, list items that may not be allowed in all countries, you may help ensure compliance with applicable laws and/or Auctiva Commerce policies by adhering to the following listings practices:
- State on the sales form that you will only ship your item within the United States.
- Include a clause in the item description describing any limitations on the items.
Items Encouraging Illegal Activity
Auctiva Commerce prohibits the sale of items or links to items that encourage, promote, facilitate or instruct others to engage in illegal activity. Auctiva Commerce also prohibits buyers from requesting or encouraging sellers to break any applicable laws.
Lock Picking Devices
Auctiva Commerce does not permit the listing of any lock picking or locksmith devices.
Auctiva Commerce does not allow the sale of lottery tickets.
Mailing Lists and Personal Information
Auctiva Commerce does not permit the sale of names, addresses, phone numbers, email addresses, or other personal identifying information.
Any tools or software specifically to send unsolicited commercial messages (UCE or "spam") are not be permitted.
Auctiva Commerce permits the listing of valid coupons within its member stores, with some limitations.
The following limits are placed on the sale of coupons on Auctiva Commerce:
- Expired Coupons: The sale of recently expired coupons is not permitted on Auctiva Commerce. Collectible coupons that clearly cannot be redeemed may be permitted.
- All coupons sold through Auctiva Commerce must be physically delivered to the buyer, and may not be delivered by electronic means for home printing.
- Bulk coupon sales are not permitted on Auctiva Commerce. Bulk coupon listings are defined as listings that contain more than 20 coupons for the same item, or more than 100 total coupons.
- Coupons for free products, with no purchase required, are limited to two per listing. Internet home printed coupons are also limited to 2 per listing.
Materials adult in nature or otherwise inappropriate for minors (individuals under 18 years of age), other than mainstream media, may not be listed on Auctiva Commerce in a manner that permits viewing of materials by minors.
Listing mainstream media (movies, music (CDs, DVD, MP3s), video games, books, magazines) may use industry catalogs and rating systems such as the MPAA, IMDb and ESRB to define which items are mainstream.
Auctiva Commerce allows the sale of professional medical devices (contact lenses, pacemakers, and surgical instruments) to authorized purchasers and sellers of medical devices only.
Unsubstantiated cures, remedies or other items marketed as quick health fixes are not permitted on Auctiva Commerce.
Multi-Level Marketing, Pyramid and Matrix Programs
The listing and advertising of multi-level marketing programs (including online payment randomizers), matrix, pyramid, Ponzi schemes, and all similar programs are not permitted on Auctiva Commerce.
Sellers may not list items that promote or glorify hatred, violence, racial or religious intolerance, or items that promote organizations with such views.
Auctiva Commerce permits the sale of pesticide products only if all of the following conditions are met.
- The pesticide is registered by US EPA and by the buyer's state.
- The registration has not been suspended or canceled by US EPA or the buyer's state.
- The pesticide is not classified as restricted by US EPA or the buyer’s state.
- The container and/or original packaging is unopened and intact.
- The pesticide’s package labeling complies with all federal and state requirements and the item description is consistent with the label.
- The container may be shipped in accordance with postal regulations.
- The buyer is eligible to purchase the pesticide under federal and state law.
Auctiva Commerce does not permit the listing of law enforcement badges or official law enforcement equipment from any public entity, including badges issued by the government of any country.
Sellers listing items in the political categories must protect potential buyers by abiding by the Hobby Protection Act. Sellers must also be aware of this law to protect themselves from any violations of Federal law which could impose fines, penalties, or both.
Postage meters are not permitted on Auctiva Commerce.
Controlled drugs that require a prescription from a licensed practitioner (such as a doctor, dentist, ophthalmologist or optometrist) are not permitted on Auctiva Commerce; this includes drugs prescribed by veterinarians for animals.
Auctiva Commerce will permit media titles and descriptions (such as a CD name and track list) that contain profanity. This profanity is only permitted if the original production company title or description contains the profane terms. All other profanity is prohibited.
Sellers are not permitted to offer or solicit services on the Auctiva Commerce site that are illegal, sexual in nature.
Promote Intolerance or Hatred
Auctiva Commerce will not permit or allow promotion or support membership in terrorist groups or other organizations prohibited by law.
Protected Cultural Items
Auctiva Commerce will not permit Materials covered by the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or otherwise restricted by law from sale, export or transfer.
Hazardous materials Fireworks and related goods; toxic, flammable, and radioactive materials and substances are not permitted on Auctiva Commerce.
Auctiva Commerce permits advertisements of real estate. Selling an undivided interest in a land real estate property is not permitted.
Auctiva Commerce does not permit the listing of items that have been identified by the CPSC as hazardous to consumers and therefore subject to a recall.
Air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; medical devices; pesticides; postage meters; recalled items; slot machines; goods regulated by government or other agency specifications; explosives; hazardous materials; personal data protected under applicable data protection laws not permitted on Auctiva Commerce.
Auctiva Commerce does not permit the listing of coin-operated slot machines.
Auctiva Commerce prohibits the sale of counterfeit stamps, as well as equipment designed to make counterfeit stamps.
Stocks and Other Securities
The sale of stock or other securities is not permitted on Auctiva Commerce.
Stolen Property and Property with Removed Serial Numbers
Auctiva Commerce prohibits the sale of stolen property.
Auctiva Commerce forbids its sellers from listing goods that have altered or removed serial numbers.
Auctiva Commerce does not permit the sale of products that are designed primarily to record the private oral, wire or electronic conversations of others without their knowledge or permission.
Teacher's Edition Textbooks
Teacher’s editions of textbooks and solutions manuals that are intended solely for use by teachers are not permitted by Auctiva Commerce.
Cigarettes, cigars, smokeless tobacco or coupons for such items are not permitted on Auctiva Commerce.com. The sale of tobacco-related collectibles, (including tobacco related memorabilia and packaging) are not subject to the same legal constraints.
Radar jammers, traffic signal changers, and related products are not permitted on Auctiva Commerce.
Transit and Shipping Related Items
Auctiva Commerce does not permit certain transit- and shipping-related items (examples include blueprints of transit facilities, airplane operations manuals, and flight attendants’ uniforms).
The following items related to the government, commercial airline, public transportation and shipping industries may not be listed on Auctiva Commerce:
- Any article of clothing or identification related to transportation security or employment with any transportation related industry, including but not limited to, articles of commercial airline pilots’ uniforms, flight attendants’ uniforms, baggage or airport service personnel uniforms, mass transit train or subway related uniforms.
- Postal and shipping company uniforms.
- Vintage clothing related to commercial airlines, trains, or subways, such as ties, scarves, jackets and similar items, may be sold as long as the item description clearly states that the item is at least 10 years old, is no longer in use by the airline or other transit authority and does not resemble any piece of the current uniforms.
- Any official internal, non-public documents, manuals or other materials related to mass commercial public transportation, including safety manuals put out by commercial airlines, or entities operating subways, trains or buses. These items may only be listed if the description clearly states that the material is obsolete and no longer in use by the airline or other transit authority.
- Blueprints or schematics of airports, subway systems or train station.
- Design plans of commercial airline jets or engines.
- Any official internal, related, non-public documents.
Sellers who want to list travel-related items must adhere to following rules:
- Businesses that actually provide travel services, such as airlines, trains, hotels, resorts, and cruise ships, may list items such as their own gift certificates, airline tickets, lodging, cruises, or vacation packages. As providers of the actual travel service, they are often exempted from seller-of-travel laws and need not provide travel licensure information. However, they should clearly identify themselves in the listing as the actual provider of the travel services offered.
- Businesses and individuals who sell and/or arrange air or sea travel or accommodations (but do not directly provide the travel service themselves) may list air and ship related travel items (i.e. airplane tickets and cruise trips), along with accommodations, on Auctiva Commerce only if they are licensed as sellers of travel lawfully able to do business in all 50 states and they themselves will be booking the travel for the buyer. Their listings should clearly set out their California seller of travel license number as well as any other license information required in other states. It is against Auctiva Commerce policy for travel clearinghouse affiliates, that are not actual agents booking the travel themselves, to list travel auctions on the site.
- Individuals: Individual travelers who are not in the business of selling travel services, but simply wish to sell an unused air or sea related travel voucher or gift certificate, may do so no more than one trip per month provided that the item is not a travel club membership or "choice travel certificate," (see below) or related item. In such instances, the seller may play no role in arranging any travel other than delivering the item.
Sellers should review any travel related item before listing to make sure that it can be transferred legally to another party and will be accepted by the issuing provider of travel services.
Auctiva Commerce will not permit listings of travel club memberships or "choice travel certificates" or similar items by any user. Travel club memberships include any service, cards, or identification number that purports to give the holder the right to free or discounted travel, that is, certificates that entitle the holder to some travel related benefit (such as free or low cost hotel stays) with a variety of travel providers.
Auctiva Commerce does not permit listings of "choice" travel certificates by any user. Choice travel certificates are documents that are not issued directly by a single provider of travel, but by travel wholesalers, consolidators, or other middleman travel sellers. These certificates generally offer the holder free or low-cost travel services with a choice of multiple hotel chains, resorts or airlines, the exact location often being at the choice of the buyer or seller.
Weeds and Seeds
Auctiva Commerce does not permit the listing of noxious weeds and prohibited seeds on the site. Please see the Additional Information section for a link to the U.S. Department of Agriculture’s federally defined noxious weeds. Buyers and sellers of packaged seeds should consult with state and local authorities to determine whether the items they are considering buying or selling are legal for distribution in their states.
Auctiva Commerce does not permit the sale of alcoholic beverages on its U. S. website(s). Further, non-U.S. members may not conduct alcohol sales with any Auctiva Commerce member residing in the United States.
Discounted currencies or currency exchanges may not be listed on Auctiva Commerce by any user.