Will Etsy hold International sellers accountable for law that doesn't apply

[#1]

Well???
Admin will you be punishing those of outside of the States for not complying with the parts of the CPSIA law that do not apply to us or are you planning to edit your DOs and DON'Ts?
I for one think people shouldn't have to have everything spelt out for them and that it's just finicky and PICKY
- common sense people!!

[Former_Member]

I have the same problem as AmiAna (and thousands of other non-US sellers!) I personally don't think I can sell my toddler tees anymore on Etsy because it will break the Etsy t&cs. However what I think isn't the key thing. I really want an answer from Etsy admin. Please admin, answer this question. If you have time to conduct a survey for international sellers, you have time to answer this question.

[JeweledAmbrosia]

According to Etsy's Terms of Use in the Compliance section, you are only bound to abide by LOCAL laws that effect you.

So, the local law of importing/exporting children's goods by US standards only affects US imports/exports. You are not bound by these local laws if you are selling your items elsewhere.

"2. Membership Eligibility

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Etsy’s policies as stated in the Agreement and these Etsy policy documents"

[AmiAna]

NICE ONE JewelledAmbrosia

[quirke]

Etsy isn't going to police anybody.

They have a "just-a-venue" status to maintain and telling people to remove listings that don't comply with the CPSIA would threaten that, because it sets the precedent for them to have to remove all illegal listings (of which there are plenty). That statement in Etsy's TOS is there to cover Etsy's ass so they DON'T have to police the site.

If the U.S. gov't comes knocking and tells Etsy to remove listings that aren't CPSIA-compliant, only then will they do anything about them.

[Former_Member]

so we can sell anything anywhere as long as it is not for children 12 and under? i just dont get the whole thing. thats practically a teenager
geesh

[AmiAna]

My husband said we should all just label our items for 14yr olds as most of them wear things that look like they are made to fit 2yr olds anyway :P

[Former_Member]

The truth is, we have no idea. There are probably 10,000 different interpretations of this regulatory act. If we don't know the ramifications for Americans, we sure don't know for any other country.

However, we do know that the sun will rise tomorrow ... even if we can't see it because of clouds.

[Former_Member]

Brilliantly said ArtisticallySpeaking!!!!

That's hitting the nail right on the head.......

[Former_Member]

I hope it's a nail approved by CPSIA!

[Former_Member]

On another post that admin closed (I can't post a link to a closed post), stellaloella said

"All sellers on Etsy must comply with the law, which includes U.S. Consumer Products Safety Commission regulations as applicable. Please see Etsy's Terms of Use for more details: http://www.etsy.com/terms_of_use.php"

TOS, I assume, apply to international sellers, as well. Perhaps it has something legally to do with Etsy being a U. S. site? I'm not sure. I wish Etsy admin would clear this up for you.

[Former_Member]

tiptop, I'm assuming that would be only if we as international sellers sold items to the US that fell under the new law.

I don't see how we could be held to a law that doesn't affect us if we're not shipping to the States? It's not illegal for us here in Canada to sell items for children, so Etsy shouldn't stop us from shipping everywhere else.

[herflyinghorses]

I emailed Admin to get clarification if international sellers can still use Etsy as a venue to sell children's items even if we are NOT shipping to the U.S. All Admin did was point me to the Storque articles on CPSIA, so no direct answer.

[Former_Member]

That's helpful, isn't it herflyinghorses?

[herflyinghorses]

Yup, I honestly don't know why I bother. I never get a straight answer from them.

[Former_Member]

It's true herflyinghorses. I've been wondering that myself. Including this section. Why create it if they're not going to come in to answer questions? This is a good one and so far, no response from admin.

[herflyinghorses]

It is an important question. I'm not breaking any laws by selling children's items to my own country or overseas. If I can't sell on Etsy (which is an international site), then I need to know so I can plan and find another venue.

[Former_Member]

I agree.

Honestly, I don't see how it could be a problem, since we're complying with our own laws. (not that this new law affects my shop). It's a US law that affects items sold and shipped within or to the States. So long as you're not doing that, I don't see how Etsy can stop you.

Mind you, I'm not a lawyer, either! LOL!

It would be nice if admin would pop in and say something. Even if it's a "we're not really sure just yet, but we'll get back to you soon". Just knowing that you're heard is nice. ;)

[chamekke]

Marking