Prohibited Items Policy

This policy is a part of our Terms of Use. By opening a Mercabl shop, you're agreeing to this policy and our Terms of Use.

Mercabl has a zero-tolerance policy for prohibited items. If Mercabl determines that you have violated our Terms of Use, including this policy, you may have your listings removed to some or all buyers and risk immediate account suspension or termination (and any accounts Mercabl determines is related to your account), in accordance with our Terms of Use.

Sellers are solely responsible for ensuring that the products they list comply with all applicable laws and regulations. If an item poses any risk or does not meet required standards, it is the seller's responsibility to ensure it is corrected. Please note that if an item is not detected by us but later reported as a risk or violation, the seller will be held accountable for the listing and any resulting consequences.

We encourage users to report any items they believe to be hazardous or in violation of our policies, so that we can take appropriate action.

The following types of items are prohibited or restricted on Mercabl:

Illegal Items, and Items Promoting Illegal Activity
Highly Regulated Items
Internationally Regulated Items
Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
Hate Items: Items that Promote, Support, or Glorify Hatred
Violent Items: Items that Promote, Support, or Glorify Violence
Alcohol, Tobacco, Drugs, Drug Paraphernalia, Medical Drugs and Devices, and Items making Medical Claims
Animal Products and Human Body Parts and Fluids
Nudity and Sexual Content

We recognize that some items may have historical, educational, religious, cultural, or artistic significance. However, Mercabl evaluates such cases individually and makes final determinations at our discretion.

Additionally, we reserve the right to remove listings that, while not explicitly prohibited, fall outside the spirit of our platform.

Generally, Mercabl will notify you of any actions taken, unless you've repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

You should also be aware that Stripe, our payment processor, will independently monitor your transactions and may question you at some point as part of their own compliance programs. Mercabl has no authority or control over the independent decision-making of Stripe.

Illegal Items, or Items Promoting Illegal Activity

We do not permit the sale of illegal items, items that promote illegal activity, or stolen goods on OURMARKETPLACE. We also restrict items that are subject to complex legal regulations or require specific registration or licensing to sell. Sellers are expected to comply with all applicable laws in the regions they operate. Certain listings may be unavailable in specific areas where the item is restricted or prohibited by law.

OURMARKETPLACE works with law enforcement to combat stolen goods. If you suspect an item is stolen, please contact us at legal@OURMARKETPLACE.co.uk. We also encourage you to report stolen items to your local law enforcement. For UK-based users, additional guidance can be found on the official website for the UK Home Office.

As a UK-based company with a global presence, it is important to understand that what is legal in one country may be illegal in another. Sellers must comply with all laws that apply to the markets they operate in.

We strictly prohibit any form of illegal activity, including but not limited to the sale of:

Counterfeit or unauthorised goods
Personal data or sensitive information
Listings which facilitate or promote illegal activity, such as:

Impersonation of others
Evasion of detection for illegal activity
Falsification of documents or qualifications

Counterfeit and Unauthorized Goods

We prohibit the sale of replicas, counterfeit goods, or items that infringe on intellectual property rights. This includes any goods that imitate a brand's name, logo, or protected design without the brand owner's consent. This also extends to upcycled or repurposed items that use a brand's name or protected design without permission. Examples include counterfeit luxury goods or branded apparel.

Personal Privacy and Sensitive Information

We do not allow the sale of personal information, including databases or mailing lists, nor do we permit the sale of personal or government documents such as identification cards, credit cards, or driver's licences.

Impersonation and Deceptive Items

We prohibit the sale of items that enable or promote impersonation. This includes goods that allow someone to falsely identify as a law enforcement officer, military member, or government official. Similarly, we do not allow items designed to evade detection of illegal activities, such as radar detectors, license plate covers, or materials for falsifying drug tests.

Falsified Documents and Fraudulent Deception

Items used to falsify qualifications or deceive others are strictly prohibited. This includes items like fake diplomas, counterfeit professional licenses, or templates for creating fraudulent bank statements or pay stubs. We also prohibit items that are meant to deceive others regarding medical status, such as fake health test results or counterfeit service animal certifications. Items that infringe on someone’s privacy, such as hidden cameras, tracking devices, or lock-picking tools, are not allowed.

Sellers are responsible for listing products that comply with all applicable legal standards. If an item doesn't comply with this policy, we encourage users to report it to us so we can take action accordingly.

Highly Regulated Items

Certain products, such as children's items, food products, plants, seeds, and wildlife-related goods, are subject to strict safety and regulatory standards. Sellers listing these types of products on OURMARKETPLACE must ensure they comply with all relevant laws and regulations, which may vary depending on the country or region they are selling in.

Sellers are responsible for listing products that comply with all applicable safety standards. If an item poses a risk, we encourage users to report it to us so we can take action accordingly.

Children's Products

All children's products must meet applicable safety standards, including those related to materials, manufacturing processes, and labelling. In the UK, this includes compliance with the Toy Safety Regulations and other relevant legislation. International sellers should ensure compliance with local regulations in their regions.

Food Products

Food products must adhere to food safety laws and regulations, including proper labelling, packaging, and ingredient transparency. Sellers must ensure that food items are safe for consumption and not subject to any food recalls or health advisories. Sellers shipping internationally should review local import/export requirements for food products, as these can vary by country.

Plants and Seeds

Plants and seeds are regulated due to concerns over invasive species, disease, and the protection of ecosystems. Sellers must comply with local laws regarding the import and export of plants and seeds, including any phytosanitary certifications or restrictions. In the UK, this includes compliance with the Plant Health Regulation.

Wildlife Products

Items made from endangered or threatened species, as well as products derived from protected wildlife, are strictly prohibited. This includes items made from animal parts or products from species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) or similar international regulations. Sellers should ensure compliance with local wildlife protection laws and restrictions when selling wildlife-related items, including taxidermy, furs, and other animal products.

Financial Instruments and Regulated Goods

Due to legal restrictions, items such as lottery tickets, cryptocurrency mining rigs, exchangeable currency, or postage are not allowed on OURMARKETPLACE. Additionally, the sale of financial instruments like stocks, bonds, or securities is prohibited. Any items containing these in a usable form are also restricted. Collectible currency or postage priced below £1,000 may be allowed unless otherwise restricted by law. Furthermore, items related to real estate or motor vehicles (such as cars, motorcycles, boats, etc.) cannot be sold due to varying legal restrictions.

Internationally Regulated Items

When buying or selling items across international borders, you are responsible for ensuring compliance with both the laws and regulations of the destination country as well as those in your own country.

International transactions require awareness of both your local laws and potential restrictions in other countries. Certain items may be prohibited from export or import due to international regulations, and some transactions may require specific licenses, permits, or documentation. If you are unsure about how to comply with applicable laws, we recommend consulting with a qualified professional.

By using Mercabl, you are also obligated to adhere to economic sanctions and trade restrictions, including those enforced by the Office of Financial Sanctions Implementation (OFSI) in the UK, the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury, and the European Union (EU) sanctions regime, enforced by the European External Action (EEAS) and the European Commission. All Mercabl members, regardless of their location, must comply with our Sanctions Policy.

Mercabl reserves the right to request additional information from sellers, disclose the item's country of origin in listings, or take other necessary actions to meet compliance requirements.

Sanctions and compliance programs generally restrict transactions involving goods from sanctioned regions. However, certain informational materials, such as publications, films, posters, photographs, records, tapes, compact discs, and artworks, may be exempt from these restrictions. These exemptions typically apply when the materials are intended to promote the free flow of information, free speech, art, or journalism, and are not linked to sensitive technologies or prohibited activities.

Items that reference sanctioned regions but do not originate from them are also generally permitted.

Resources:

Dangerous Items: Hazardous Materials, Recalled Items, and Weapons

For the safety of our community, we do not allow the sale of certain dangerous items on OURMARKETPLACE.

Sellers are responsible for ensuring their products comply with all safety laws and regulations.

Hazardous Materials

The following materials are prohibited:

Explosives (e.g., fireworks, sparklers)
Explosive precursors
Flammable items
Gases
Radioactive materials
Toxic substances (e.g., poisons)
Loose or individual lithium-ion batteries
Ingredients

Certain ingredients are considered hazardous, especially when used in specific products. Sellers should consult relevant regulations regarding restricted ingredients in cosmetics, cleaning supplies, and other items.

Recalled and Unsafe Products

Items that have been recalled by manufacturers or government authorities are prohibited from being sold. If you suspect a product may be unsafe or has been recalled, please contact our support team. Sellers are responsible for ensuring their products are safe for use.

Weapons

We do not permit items intended to be used as weapons. This includes:

Guns, knives, or other weapons, including vintage items (see here for more details)
Imitation firearms or weapons that resemble real weapons or are prohibited by law, including toys
Patterns, plans, or instructions for creating prohibited weapons

Sellers are responsible for listing products that comply with all applicable safety standards. If an item poses a risk, we encourage users to report it to us so we can take action accordingly.

Hate Items: Items that Promote, Support, or Glorify Hatred

OURMARKETPLACE is committed to creating a respectful and inclusive environment. We do not allow any items or listings that promote, support, or glorify hate, violence, or discrimination against individuals based on their race, ethnicity, national origin, religion, gender, gender identity, disability, sexual orientation, immigration status, or caste. This includes content that supports hate groups or encourages hateful ideologies.

The following items are prohibited on OURMARKETPLACE:

Content that promotes or glorifies hate speech, violence, or discrimination against protected classes.
Items that support or commemorate hate groups or individuals associated with harmful ideologies, including but not limited to:
Neo-Nazi, Ku Klux Klan (KKK), white supremacist groups, misogynist groups, and those advocating anti-gay, anti-immigrant, or Holocaust denial views.
Items that use derogatory slurs or offensive language targeting protected classes.

We acknowledge that some items may contain symbols or language historically associated with hate, but may also be seen in contexts such as education, history, religion, culture, or art. We reserve the right to review and assess such items on a case-by-case basis, considering their context and intent.

Violent Items: Items that Promote, Support, or Glorify Violence

Mercabl does not allow items or listings that promote, support or glorify acts of violence or harm towards self, others, animals, objects, property, public spaces, organizations, communities, the environment, or any other entity, including any credible threats of harm.

The following items are not allowed on Mercabl:

Items that glorify human suffering or tragedies, including items that praise or honor perpetrators of violence
Items that glorify or celebrate real world incidents of violence or natural disasters
Items that threaten or encourage credible acts of violence against individuals or groups
Items that promote or support terrorism or terrorist organizations
Items that encourage self-mutilation, starvation, or other self-harm
Items that promote or endorse harmful misinformation

Graphic materials, such as items with violent, gory, or profane text or imagery, must follow our policy for Listing Mature Content Correctly.

Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs and Devices, and Items making Medical Claims

Mercabl prohibits the sale of alcohol, tobacco, drugs, and any controlled substances, which may be regulated by law, and be subject to various legal requirements.

Additionally, we prohibit the sale of medical drugs, medical devices, and any products that claim to prevent, diagnose, treat, mitigate, or cure any health condition or disease. These items do not align with the values and purpose of Mercabl, regardless of their legal status.

Examples of prohibited items include, but are not limited to:

Alcohol.
Tobacco products, smokeable products, e-cigarettes, and e-liquid.
Drugs and certain herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality. We prohibit depictions of these substances in listing photos, as well as listings for instructions or materials intended to create such items.
Drug paraphernalia, including, for example: items with a carburetor; slides and/or items with a slide; bongs and bubblers; vaporizers and their components.
Medical drugs and regulated medical devices
Items making certain medical claims.

Resources:

Small Business Assistance from the Food & Drug Administration;
US FDA and FTC for information about medical claims;
US Bureau of Alcohol, Tobacco, Firearms and Explosives

Animal Products and Human Body Parts and Fluids

Certain animal and human body products are strictly regulated and prohibited on OURMARKETPLACE due to potential risks to wildlife, animals, and human health.

The following items are not permitted for sale on OURMARKETPLACE:

Live animals
Products made from endangered or threatened species, including those listed in international agreements like the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) or designated by national wildlife protection laws. This also includes species classified as at risk under local regulations. For a list of prohibited animals, click here for more details.
Items made from parts or pelts of cats and dogs, as defined by applicable wildlife protection laws.
Ivory and related materials, including tusks, bones, and fossilised ivory, or any ivory originating from protected species such as elephants or mammoths.
Human remains or body parts, except for non-consumable items such as hair, nails, or breast milk-based products.

We require all members to comply with local laws and regulations. If you are shipping items across borders, it is essential to check CITES guidelines regarding the import and export of protected species. Additionally, sellers offering items containing feathers should review the regulations under the Migratory Bird Treaty Act.

Nudity and Sexual Content

Mercabl maintains a strict policy prohibiting all forms of sexual content, products, and services. We do not allow listings that contain or promote pornography, sexual services, adult toys, fetish items, or any other sexually explicit material.

We recognize that artistic expression varies, and we permit certain forms of non-obscene adult artwork that depicts the human form a non-realistic manner.

Nudity or sexual content is strictly prohibited in usernames, avatars, shop banners, or any other publicly visible areas of Mercabl.

If your listings contain any kind of adult content, we require you to mark them as "contains adult content" when editing it.

Depictions of the sexualization of minors, including Child Sexual Abuse Material (CSAM), nudity, partial nudity, revealing clothing, sexually suggestive activity, or any posing that could be interpreted as sexually suggestive are strictly prohibited.

We reserve the right to remove any content that we determine, at our sole discretion, violates the spirit of this policy. Sellers are responsible for ensuring that all listings comply with these guidelines.

Regarding minor's safety, if we detect or are notified of sexually explicit content involving minors, we will not only remove the content, but also report all relevant information to the appropriate authorities.

We encourage our community to report any violations of this policy. If you see content that may exploit or endanger minors, please report it immediately.

For more information on how to report a violation, please visit our Help Center.

We understand that these guidelines may not cover every possible scenario, so if you encounter an item on Mercabl that seems to violate our rules, we encourage you to report it. You can easily report an item by clicking the "Report this item" link at the bottom of the listing page.

For concerns related to copyright or intellectual property violations, please refer to Mercabl's Intellectual Property Policy for detailed instructions.

For all other inquiries or reports, please reach out to Mercabl Support.