I know the subject isn't the greatest to discuss but your help would be much appreciated. I'm thinking of starting a used / second hand underwear business. I will have 2 separate websites. 1 men selling and 1 women selling. There will be customisation options so certain stains and semen will be included in some of the underwear etc. the buyer will buy used underwear choose to add stains then the seller will do what's required and send to the buyer. I will make sure the sellers on the site are of legal age by having a copy of their passport or driving license showing their age. I will have a pop up windows saying you have to be over 18 to buy off the site. Is this enough for buyers to prove they are 18 or do I need to do more? They tick a terms and conditions box before checkout to say they are over 18 als0. Is this legal in the UK? Is it legal to send to the USA? I've heard that you can't send certain items by Royal Mail. Is this right? Have you any idea which postal service allows me to send 'dirty/used' underwear? Also what do I need to do to add pictures and videos of the sellers online. So pictures and videos of the sellers doing solo sexual acts. Obviously they are legal age. Do I just need a copy of their passport/I'd to confirm age and get the buyer to confirm the age?
I have received confirmation from different Trading Standards authorities and police authorities saying they can’t see a problem in selling used garments. But they suggested getting legal advice. I can forward to you what they have said to me if you want. So is it legal to send Panties with bodily fluids on? Is there any more detail you can give. Or is it just basically Yes it's legal go ahead. I can forward you the website which isn’t live or trading yet so you can look over it and see what you think? Can I also send you the contract I will give to the sellers which they have to sign?
OK thanks. Does someone automatically take over?
Yes that's understandable, i'm fine to continue and still need help yes
Thank you very much for your reply.
Is it just as simple as Yes it’s legal? Is it that clear cut.
Can you answer my questions above about ages. And ive done enough to prove age of buyer and seller
Can you look at the site (it isn’t graphic) and the contract I with the models? I control the whole website. I put up the models pictures, I deal with all the money etc and tell the model what to send and where.
Not to be too graphic but is semen or urine classed as Clinical and medical waste? It is ok to send these stains?
If you wouldn’t mind having a look that would be great. Is has stock photos on there at the moment, Also please find attached the contract I give the model. Is one of your expertise tax issues? I’m wondering if they could be contractors as such so I don’t have to deal with their tax affairs, and it’s their responsibility
I can't seem to add a file so the following is the contract they sign
INTRODUCTION This is an Agreement between (please put your full name) ("Contractor") and _____ __________(Company) EFFECTIVE DATE This Agreement will become effective when signed and executed by all parties. TERMINATION This Agreement will remain in force until terminated by either party upon days prior written notice to the other party. DUTIES AND PAYMENT Contractor agrees to perform such duties at such times and in such manner as Company may from time to time direct. The duties include but are not limited to selling used clothing online for the company. Company agrees to make payment to Contractor for work performed as follows: Each item the contractor, named above, sells on the Company’s website they will receive 50% of the selling price. Contractor acknowledges that no government withholdings or deductions will be taken or paid by Company on behalf, and agrees to take full responsibility for reporting and payment of same. The company is not affected in that any tax and National Insurance liabilities arising through the contract have to be met by the contractor. If the contractor is liable under IR35 then it is the contractors responsibility to find that out not the Company. The contractor is not employed by the Company so is therefore Self Employed or an Independent Contractor. Contractor acknowledges that as an independent contractor will not be eligible nor entitled to any of the benefits afforded regular employees, including but not limited to unemployment insurance, heath benefits, vacation, profit sharing and pension plans.
You are responsible for the content of your posts, and if you post something illegal or offensive, it is you who is responsible for this. We do not assume copyright or ownership. We do not assume ownership of videos and pictures you upload. We will not use these without your consent. It is the contractor’s responsibility to create the goods for the buyer on the website in a lawful manner and post to the buyer in a lawful manner. All legal obligations of the products made by the contractor are the contractor’s responsibility. The Contractor must not send any Infectious biological diseases/substances UN2814 or UN2900 to buyers. The company does not accept responsibility or ownership of anything the contractor produces if unlawful.
ORIGINALITY Contractor warrants that the work performed and/or assets created under this Agreement are original work that have not been previously created and are not in the public domain. Contractor further warrants that the work shall be free of any encumbrances and that Contractor has full rights to assign ownership of work to Company. TRADE SECRETS All information relating to the projects of Company and its business dealings, including but not limited to materials, plans and customer lists, are to be considered trade secrets of Company. Contractor agrees to sign and abide by a non-disclosure agreement regarding the use and confidentiality of this information. Violation of the non-disclosure agreement will result in immediate termination of this Agreement. NON COMPETITION During the term of this Agreement, Contractor agrees to not, directly or indirectly, participate in the development, production or marketing of any product which directly or indirectly competes with Company's current or known future products or business. Contractor agrees not to engage in activities which compete with Company's business where such activities could call on Contractor to reveal or use any confidential information or trade secrets belonging to Company. GENERAL PROVISIONS If the work is not delivered according to the deadlines contained herein, or if the work does not meet Company's specifications or quality requirements, or if for any other breach of any provision of this Agreement by Contractor, Company may, at its option and upon written notice to Contractor, either (a) terminate this Agreement and seek a refund of all amounts paid to Contractor (upon the payment of which all rights in the work shall be assigned to Contractor), or (b) retain the work in its then current state and cease further payments to Contractor hereunder. The foregoing remedies are not exclusive and shall be in addition to such other rights and remedies as Company may have under the law or this Agreement. Any modifications to this Agreement must be in writing and signed by all parties. Please type your name, and this will be classed as your signature, and email back or you may print out the agreement sign your name and return by post. Contractor: Signed Name: _____________________________________ Date: _____________
Thanks for that. I will add that in.
Did you manage to take a look at the site? The pictures, customisation options would all be legal and Ok to put on the website?
What about the Tax? I don't want to be responsible, i want the models to pay their own tax as contractors/self employed people.