Second Hand Goods Act for online stores

[Elbad]

Hi there,

I've been doing some research into buying, selling and renting goods online. Then I stumbled across this little hurdle:

Records by dealers
21. (1) Unless otherwise provided in this Act, a dealer must keep a register in the
prescribed form and record in the register the prescribed particulars regarding every
acquisition or disposal of second-hand goods.
(2) The particulars must at least include—
(a) particulars in respect of the identity of the person from whom the second-hand
goods are acquired, including—
(i) the person’s full names, contact address and contact telephone
number;
(ii) the manner in which the person’s identity was verified; and
(iii) the person’s identity number.

(4) A person acquiring second-hand goods from, or disposing of goods to, a dealer,
must furnish such dealer with his or her full name, physical address and an original
identity document or passport as proof of his or her identity.

23. (1) No dealer may—
(a) acquire or accept in pawn goods from any person under the age of 18;

I understand this act was added to combat buying and selling of stolen goods etc, but how is it possible at all to adhere to this from an online store? In particular, I'm looking at digital media, like DVD's, BlueRay's, XBox / PlayStation games etc. This last little bit (23), I figure by having a checkbox saying the person is over 18 will cover me, although realistically, many people who own these types of media are under 18 - It's not illegal to buy them new when you're under 18, but it is illegal to sell them?

Looking at the goods schedule covered by the act:

Jewellery, including unwrought precious metal as defined in the Precious Metals Act, 2005
(Act No. 27 of 2005).
Agricultural implements, including tractors, ploughs and harvesters, irrigation equipment or
any part or accessory thereof.
Bicycles or any part or accessory thereof.
Household and office equipment.
Factory equipment and machinery or any part or accessory thereof.
Tyres of any vehicle or motorcycle.
Communication equipment or any part or accessory thereof.
Photographic or optical instruments or any part or accessory thereof.
Any controlled metal, or any wrought article, or any article or substance consisting wholly
or principally of one or more of such metals.
Antique goods.
Motor vehicle or any part or accessory thereof.
Vehicles or any part or accessory thereof.
Sporting equipment.
Valuables.
Books.
Shop-fitting equipment.

What I'm looking at doesn't seem to fall into any of those categories, so would the act still be applicable. Assuming it is applicable, how could I possible verify identity with an original ID document for every purchase or sale, being online? I was thinking of enforcing users of the site to upload a scanned ID document, but that doesn't seem good enough according to the act.

 

[Elbad]

No one know anything about this?

 

[HavocXphere]

No idea, but I doubt Carbonite is complying and they seem to be doing just fine. I assume there is some kind of "private seller" clause that would exclude the majority of the small time crowd. Not interested enough to investigate though...

 

[reactor_sa]

No idea, but I doubt Carbonite is complying and they seem to be doing just fine. I assume there is some kind of "private seller" clause that would exclude the majority of the small time crowd. Not interested enough to investigate though...

Lol, carbonite does not buy and sell goods, it's just a forum.

BTGAMES have always taken id copies and address when trading in used console games. This isn't a new law.

 

[Elbad]

ID copies and addresses is one one thing, but the way I understand it, you need to verify the original ID document. Carbonite is just like Gumtree, in the sense that they themselves don't buy or sell anything. The users on their site would actually be the dealers themselves.