This policy is effective as of 5 December 2024. It was updated to provide more extensive guidance regarding which cosmetic and perfume items aren't allowed and how to sell permitted items.
What is the policy?
Cosmetics and perfumes that aren't allowed include, but aren't limited to:
- Cosmetic and perfume testers
- Cosmetics and perfumes marked as only for sale in a particular country or region other than Australia (for example, "for sale only in France")
- Cosmetics and perfumes that have been transferred into another container (such as a bottle, flacon, can or tube)
- Counterfeit cosmetics and perfumes pretending to be a branded product
- Items not in the original packaging
- Samples marked as "not for sale" (or similar, such as "for personal use only")
- Skin-bleaching products
- Used cosmetics and cosmetic applicators (such as sponges or pencils) that haven't been thoroughly cleaned prior to sale
- Used perfume, including partially filled bottles
How to sell permitted cosmetics and perfumes
Cosmetics and perfumes that we allow must follow these guidelines:
- Homemade cosmetics and perfumes – Homemade cosmetics and perfumes may be sold if they follow all applicable laws, including those of the cosmetics regulators
- Empty flacons – Empty flacons may be sold if no third-party rights are infringed. In addition, the listing must clearly indicate that the item for sale is an empty container
- Smell-alike perfumes – Smell-alike perfumes (also referred to as scent twins or dupes) may be sold only if the product name, attributes, or description don't refer to a well-known brand. This includes misspelling a brand name or otherwise attempting to allude to a brand, such as refilling an empty original bottle or using a similarly designed logo or package
Cosmetics and perfumes may be sold only if the products and their listings follow applicable laws and policies. For example, cosmetic products and perfumes that are offered and sold using trademarks (such as names or logos) must follow national trademark law, including the Trade Marks Act 1995 - opens in new window or tab.
Activity on eBay is required to follow this policy, the eBay User Agreement and all applicable laws, as well as respect the rights of third parties. If it doesn't, eBay may take action consistent with applicable laws and the eBay User Agreement, and may even be legally required to do so. Such actions may include, as an example only: Removing the listing or other content, issuing a warning, restricting activity or account suspension.
Why does eBay have this policy?
This policy helps to ensure that sellers follow important legal regulations so that all eBay users can choose from safe and legally compliant products and any rights of third parties are protected.