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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Is selling used panties legal?

Customer Question

Is selling used panties legal?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Hi,


 


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?

Expert:  UKSolicitorJA replied 2 years ago.
I am afraid this is outside my area so will opt out for someone else to assist you.
Customer: replied 2 years ago.

OK thanks. Does someone automatically take over?

Expert:  UKSolicitorJA replied 2 years ago.
it will be opened up to the other experts. Please do notrespond to this otherwise it will come back to me and get delayed.
Expert:  Ash replied 2 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Do you still need help?

Customer: replied 2 years ago.

Hi,


 


Yes that's understandable, i'm fine to continue and still need help yes


 


Thanks

Expert:  Ash replied 2 years ago.
Yes it is legal to sell.

As long as people know what they are getting then it is not an issue,

They are not illegal to post within the uk, please see

http://www.royalmail.com/personal/help-and-support/Tell-me-about-Prohibited-Goods

As for the USA I can't see that they are

http://www.royalmail.com/united-states-america

Can I clarify anything for you about this today please?

Alex

Customer: replied 2 years ago.

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?


 


Thanks

Expert:  Ash replied 2 years ago.
Yes it's legal. It's quite common place to sell them.

You are right to get them to confirm their age.

I would make sure they are in plastic bag inside the package. But it's not medical or clinical as this is blood or something from an operation etc.

Does that help?

More than happy to look at the website but its probably not necessary for me to do so.

Alex
Customer: replied 2 years ago.

 


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


 


http://ukusedpanties.com


 


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: _____________


 


Company:

Expert:  Ash replied 2 years ago.
Yes this is fine.

I would just add a jurisdiction clause, ie that in the event of a dispute it will be resolved in the Courts of England and Wales.

Can I clarify anything else?

Alex

Customer: replied 2 years ago.

Hi,


 


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.


 


Thanks

Expert:  Ash replied 2 years ago.
Yes I did look at the site, it all seems ok.

Yes as long as you say they and self employed and make it clear then you will be ok.

Does that clarify?

Alex

Expert:  Ash replied 2 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Expert:  Ash replied 2 years ago.
Please remember to leave feedback before you leave today.

Alex

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