ToS rules on promotional inserts in ebay packages?

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United Kingdom United Kingdom
blueghoti
Kudos: 16
Joined: Jul 18, 2018
ToS rules on promotional inserts in ebay packages?
18 Jul 2018
Hi folks

I'm trying to get some clarity on whether a marketing idea is workable, but I can't see this in relevant ToS's so I am hoping someone here might have some experience.

I sell on Amazon (FBA) and a colleague sells on eBay. My colleague has suggested I provide him with some promotional inserts for my products that he can include with the orders he fulfils.

The insert would have some images of my product, an offer of a discount and a URL. The URL might be my own store URL (which redirects traffic to my Amazon account) or his Amazon Associates URL which would feature my products prominently.

This sounds simple enough, but as we are two separate companies and would effectively be driving traffic off his ebay account to my Amazon account, I assume this violates ToS. If this directs to my URL , this may have GDPR implications too (I would need buyer email address to send the discount code).

Yet, this sort of thing happens all of the time elsewhere - if I buy a wine subscription, in each box I will get a promotion for an unrelated company, say shirts.

Thoughts?

Chris
United States United States
massagestore
Kudos: 18
Joined: Jul 21, 2018
Re: ToS rules on promotional inserts in ebay packages?
21 Jul 2018
@blueghoti No way, no how, you will be shut down if / when caught. All it takes is one angry customer to report this behavior, or even your competition.
United States United States
bcherkowsky
Kudos: 15
Joined: Nov 18, 2017
Re: ToS rules on promotional inserts in ebay packages?
22 Jul 2018
@massagestore

why would they be shut down? Affiliates are able to drive traffic to items that you can't do as the seller.

Also it's not a violation of eBay's TOS either.

I say DO IT
Nottingham United Kingdom
Bigian13
Kudos: 3,647
Joined: Feb 21, 2014
Re: ToS rules on promotional inserts in ebay packages?
4 Aug 2018
@blueghoti

Hi Chris

Your example of the wine subscription relates to a sale from their website and not from eBay, totally different kettle of fish.

I found this in the eBay TOS under the 'you will not' part : use the contact information of other users for any purpose other than in relation to a specific eBay transaction (which includes using this information to send marketing materials directly to eBay users unless the user has given explicit consent to receiving these materials);

That basically means that your friends customers must opt in to receiving marketing from them (and their associated companies (ie you)) which should be detailed according to the GDPR policy.

However I know several companies that sell on eBay and get £0.06 for putting around a dozen leaflets in each parcel without a problem.

To be honest most folks will have a quick look at the flyers, and bin the ones that they don't want without kicking up a fuss.

If you want proper confirmation regarding the legalities, contact eBay CS.
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