There are a lot of websites selling prescription eyeglasses online,
( www.39dollarglasses.com ; www.framesdirect.com etc.)We tried
selling prescription eyeglasses through Ebays online auctions but ebay
ended our listings and is not allowing us to sell prescription
eyeglasses. I need to present a case to ebay to allow us to sell
prescription eyewear through their online auctions as I know there
are several people selling prescription eyewear online. Please
research an answer based on rules and regulations in the united states
and United Kingdom. |
Request for Question Clarification by
justaskscott-ga
on
30 Aug 2005 01:31 PDT
Do these pages serve to answer your essential question?
"Medical Devices" [click on "Show" to obtain complete information]
eBay
http://pages.ebay.com/help/policies/medical-devices.html
"Prescription Drugs and Devices"
eBay.co.uk
http://pages.ebay.co.uk/help/policies/prescriptions.html
If this information is sufficient, I would be happy to post it as an answer.
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Clarification of Question by
globaleyeglasses-ga
on
30 Aug 2005 05:24 PDT
I want to formally present a case to ebay to take prescription Eyewear
out of its list of "unallowed" products, By giving examples of
websites that are selling prescription eyeglasses and applicable laws
that govern the sale of prescription eyewear.
Since so many websites are selling prescription eyeglasses online, It
cannot be illegal. So my question is, can you make a valid case for me
to present to Ebay,inc. If i have an optician's Licence in a state and
am authorized to make prescription eyewear for customers, i and other
people like me should be allowed to do the same on EBAY.
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Request for Question Clarification by
justaskscott-ga
on
30 Aug 2005 18:14 PDT
While I cannot provide professional advice about the law (see the
disclaimer at the bottom of the page), I can see your point -- if so
many websites are selling prescription eyeglasses online, how could it
be illegal? I've checked several sites in the US and the UK, and they
offer eyeglasses online to domestic and international customers.
I wonder whether the issue for eBay is more logistical than legal.
The customer would need to obtain and provide a prescription in order
to get eyeglasses; I suppose that something could go wrong in that
process. Perhaps eBay does not want to deal with the potential
controversies.
Do you think that this is an issue? If eBay were to raise this
concern, what would be your reply? Or perhaps I can ask the question
this way: What would be your ordering/selling procedure on eBay?
I'm not sure whether this information would assist us in finding an
answer. But I suspect that it would, since it would help us to better
understand your potential case to eBay.
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Clarification of Question by
globaleyeglasses-ga
on
30 Aug 2005 21:49 PDT
Our ordering/ selling procedure would be as follows:
1 Step: Buyer chooses a Frame
2 Step: Choose the Lens package ( radio buttons)
a) Dont add the lens package ( frame only)
b) Single-Vision ( Full time wear)
c) Single-Vision (reading only)
d) Regular Bifocals ( With a line)
e) Progressives ( No Line Bifocals)
The buyer will be able to add tints and add ons.
3 Step: The buyer faxes us the prescription.
After recieving this information and the buyers payment through
paypal, Our optical lab will fit the prescription and ship the frame
to the buyer in two - three working days.
Ebay developers program allows you to add complex features and create
dynamic lisings in Ebay.Please click on the link below to see an
example of the intereactive features available in Ebay.
http://stores.ebay.com/Art-Closeouts-Custom-Framed-Art
We plan to develop a custom application to create a user friendly/
interactive ordering procedure.
So logistics and ordering process will be a minor detail once ebay
gives its go ahead for selling eyeglass frames with presdcription
lenses. As far as potential controversies are concerned, Our trained
and certified staff would read the doctors prescription and then each
frame is double checked with the prescription before shipping to
eleminate and possibility of errors.
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Clarification of Question by
globaleyeglasses-ga
on
30 Aug 2005 22:19 PDT
If there are no legal problems with selling prescription eyeglasses
online and if we present to them tax figures of a few corporations
selling prescription eyewear to make them realize that they are losing
a lot of business, then i am sure we could convince them.
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Request for Question Clarification by
justaskscott-ga
on
31 Aug 2005 14:15 PDT
Would something other than tax figures be sufficient to show the
potential income or profitability of an online shop for prescription
eyeglasses? For example, an indication that the firm has been in
business for years, an approximate number of prescriptions filled per
year, or financial information other than tax figures?
I suspect that I won't be able to find a federal law or regulation in
the US authorizing sales of prescription glasses. My sense (again,
not a professional legal opinion) is that the states regulate
eyeglasses prescriptions. Given that it would be difficult to compile
all fifty states' laws on the subject, would you accept a statement by
a apparently trustworthy source (say, an attorney on a law firm's
site) that such sales are allowed in the US? (I haven't located such
a source yet, but hope that I can.)
I have the same question concerning an apparently trustworthy source
for UK law. (There may be an enacted UK law on this issue, in which
case I presume that would suffice. I'll have to do further research
to find out.)
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Clarification of Question by
globaleyeglasses-ga
on
31 Aug 2005 21:44 PDT
Yes, This data would be a good alternative to tax figures.
I know the laws are different for each state, but since the websites
are selling prescription eyeglasses to every state, but have a licence
in just one state would mean that if they follow the rules and
regulations of the state in which they hold the licence, they can ship
anywhere ( big assumption!!). So just for the state of Georgia, find
out if the law allows the sale of prescription eyeglasses online and
the guidelines for online ordering. If the state of Georgia, does not
allow selling prescription eyeglasses online, then suggest a state
that does and i can outsource the fitting to a lab in that state.
An attorneys word, unless backed by the actual law of the state would
not mean much to the case.
I think we are on the right track because you are asking the right
questions! Thank you.
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