Locked
Antworten können hier nur von erfahrenen Mentor*innen sowie der Person verfasst werden, die die Frage gestellt hat.
Question regarding the commercial sale of PEGI video games on eBay
Summary: tamamm-0 is considering entering the video games sector as a commercial eBay seller, but has concerns about the legal framework for selling games with a PEGI rating. perfect-sally and turbotuentchen explain that in Germany both the disc/media and the case must have the USK logo, while PEGI is not recognized. mia@ebay confirms that items without these features may not be offered. hasjana thinks that selling without a case should be possible if the disc has a USK logo, while tamamm-0 explains that games are often sold with a PEGI case and a USK disc.
Hello everyone :)
I'm currently thinking about getting into selling as a commercial eBay seller in the area of video games, consoles, and electronics, but the following is currently putting me off:
If I want to sell a video game commercially on eBay, e.g. from Austria (the same applies to France, Italy, Spain, etc.), my latest understanding is that this is not allowed, even if it's only a Super Mario game that is marked PEGI 3 - is that info still correct?
But what about if only the box of the game has a PEGI rating, while the disc/cartridge has a USK logo or the wording released for ages X and up (for Nintendo Switch games)?
Am I then only allowed to sell the game itself without the box? Can games be sold where both the box and the game only have a PEGI rating?
I know that indexed games or USK 18 games are not allowed without age verification - I'm really only talking about the "harmless" titles, where at least the USK marking is missing on the box.
Thanks in advance for your support!!
hasjana
Mentor1 month agowell ... to my knowledge, a game, a CD, a film theoretically doesn’t have to include a case or cover when you sell it
if the regular USK/FSK logo is on the medium, it should also be allowed to be offered
... I just don’t understand how you end up with a PEGI case with a medium with USK/FSK - with ours that we have, both are identical
tamamm-0
OP1 month agoQuite simply, if you, for example, buy a game from Austria, it’s very often the case that only PEGI is shown on the cover, but the disc itself actually has a USK rating
mia@ebay
·1 month agoHello @tamamm-0 ,
many thanks for your question.
No, the guidelines are fixed and leave no room for interpretation. Both the disc and the case must be marked accordingly. Items without these features may not be offered.
Please take a look here in the guidelines.
@perfect-sally - Thanks for the support
Best regards
Mia
tamamm-0
OP1 month agoHi Mia - so selling Nintendo Switch cartridges without USK is not allowed either?
Best regards
hasjana
Mentor1 month agocorrect
turbotuentchen
Mentor1 month agoHello, in Germany, according to the legislator, the USK logo must be present both on the data carrier and on the packaging. PEGI is not recognized in Germany. Please read the entry about USK on Wikipedia or the Youth Protection Act Section 3
tamamm-0
OP1 month agoThanks for the feedback!
Final question: what about loose Nintendo Switch/Nintendo 3DS cartridges that do not have a USK label shown on the data carrier? These were purchased normally in German retail, but the case with the official USK logo has been misplaced — is the game then also not allowed to be offered?
alena@ebay
·1 month agoHello @tamamm-0 I have forwarded this to the specialist department. As soon as we hear back here, we’ll get in touch with you.
Thanks for flagging @perfect-sally 😘
Best regards
tamamm-0
OP1 month agoHi @alena@ebay - thanks!
Feel free to use as an example of whether a commercial eBay seller from Germany would be allowed to list and sell this Italian Pokémon as is.
perfect-sally
Mentor1 month agoAs I read it, the carrier media also have to have a label.
https://www.ebay.de/help/policies/identity-policies/grundsatz-zu-jugendgefhrdenden-medien?id=4750&st=3&pos=2&query=Grundsatz%20zu%20jugendgef%C3%A4hrdenden%20Medien&intent=FSK18&lucenceai=lucenceai&docId=HELP1414#section1
tamamm-0
OP1 month agook what about when the physical medium has a USK rating but the case doesn’t?
perfect-sally
Mentor1 month agoI think both have to be marked, otherwise it doesn't make sense.
tamamm-0
OP1 month agoDo you maybe have an eBay advisor you could ask about that? I need a rock-solid answer there; I don’t want to get banned later
perfect-sally
Mentor1 month agoWe can invite an ebay MA who can answer that. She'll chime in here.
Hello @alena@ebay could you please take a look? Many thanks