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  1. #1
    david's Avatar
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    Jun 2005
    Cote dīAzur

    Exclamation New German Law: Perfumes

    Please can somebody help:
    Since all this fuss with ebay sellers not being allowed to sell to germany I decided to track down this "new german law". I contacted the german association for perfumers. They had not heard about any changes and certainly didnīt know about a new law.
    I tried to find out more through ebay, but with no luck. Ebay has to be the most user UNFRIENDLY company ever. I even phoned their customer service centre which costs in germany a staggering 95 cents a minute, ( GANGSTERS ! ). Nobody in the german ebay could tell me about this new german law.
    Finally I did get hold of a german lawyer who worked within the perfume industry and he muttered something about " Too many perfume testers had gone missing within the german industry and they were trying to stop the handle of testers." He was very candid and very uncomfortable about talking on this subject. I still have not found this "new german law", in fact I donīt think it even exists !! and I have since been told that because of the european union rules such a new law would have be implemented for the whole of the e.u. and not just germany.
    It sounds like the german perfume industry are trying to bluff their way through with this one and have even fooled ebay.

  2. #2

    Default Re: New German Law: Perfumes

    Good job trying to find the source of that info!

  3. #3

    narcus's Avatar
    Join Date
    Mar 2005
    Königl. Preussen

    Default Re: New German Law: Perfumes

    Quote Originally Posted by david View Post
    Please can somebody help...
    Unfortunately I cannot, but I understand your frustration! I noticed that Ebay is rather unfriendly to buyers and anything but impartial in a conflict between buyer and seller. It's the seller who pays for the services.

    'Nobody in the german ebay could tell me about this new german law'. I don't deal with Ebay often, but I am not surprised. I wanted to know exactly what their due dates are on payments, claims, etc. - a very basic question. I still have no clear answer, but a Belgian trader had made them send me a menacing reminder to pay. That happened 8 days after the deal had been concluded and this period also included the extended easter holidays.

    Restricting the sale of contents of unsealed packages was an issue in Germany and elswhere following criminal (blackmail) poisoning of food, beverages and toothpaste. This new kind of crime started more than a decade ago. So the 'new laws' may in fact be quite old - just reactivated to meet somebodies needs. It's still worth wile to look at the legal precautions taken since then. I wouldn't exclude that some of this could also apply to merchandise sold on auctions. But even then - it could well be that we have to differentiate between regular trade and the (occasional) disposal of personal property. Testers are one thing, decants another. But don't we all just look too much at the buyers aspect of trading with decants? There is money in that! Still: the original producer's liability clearly ends with the sale of his original product, and the product is the unit of juice and (original) packaging. Somebody decants a few ml or 3 OZ - this is no longer the same product, product liability is nil, and the special rules for the cosmetics industry do not necessarily apply to second hand and decanted perfumes.

    It would be easy to eliminate the problem if there ever was one with decants: traders, producers, websites could have samples available (at cost or for free) and customers would not search for them at auctions. But what happens in our daily practice? Perfume sales clerk will only hand them out as candy once you bought something. Hand them out on on demand? No matter whether it's Lutens or designers samples - the counters have invariably just ran out at the moment. It may be the same items which are sold by certain Ebayers at one dollar a piece or 10$ in a package!

    The sale of stolen goods via internet auction is clearly illegal. But nobody can legally stop me to sell Adidas products which I have legally acquired, just because the world knows that 30% (whatever) of those goods leak out at the place of production. If Adidas and the cosmetics industry want to produce in distant countries they have to face the risks they run doing it. I didn't realize that the German perfume industry is all that powerful. I wouldn't really mind if Boss testers were banned as long as I can get hold of genuine ones from Creed and Lutens (halfway joking)! But aren't all testers banned from Ebay Germany? - The argument may hold as a motivation, but never serve as a legal argument.
    Last edited by narcus; 16th April 2007 at 11:45 AM.
    'Il mondo dei profumi č un universo senza limiti: una fraganza puo rievocare sensazioni, luoghi, persone o ancora condurre in uno spazio di nuove dimensioni emozionali' L. V.

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