You own a property, and rent it to a shopkeeper. Shopkeeper sells faulty iPod charger - should the owner of the property be liable ?
No.
But that is not the same as you renting it to someone who
YOU KNOW is selling imported electrical items, and who
YOU KNOW has rented it from you
FOR THE EXPRESS PURPOSE of selling imported electrical items which
YOU KNOW may not comply with the legal standards.
Ditto the market organiser (often the local council) if a market stall trader sells said dodgy iPod charger.
Yes - but that's why they have trading standards people.
We're chatting in a pub, and someone is moaning about the cost of an iPod charger from Apple, and the 'standard' USB power supplies cause the iPod to take forever to charge.
You casually mention that a mate of yours happens to have some, so someone goes off to your mate and buys one. Are you liable (you facilitated the sale by putting buyer and seller in contact) ?
No, but that is not the same as you
RUNNING A BUSINESS where you make your money by providing a formal trading platform for other businesses to transact through, and where
YOU KNOW FULL WELL WHAT THEY ARE SELLING BECAUSE YOU TAKE A PERCENTAGE OF IT
I'm not going to respond to any more of your pathetic examples. Can you really cannot see the substantive difference between them and the likes of eBay and Amazon, or are you just pretending to be stupid?
Now, lets assume you can come up with some words to make eBay, Amazon, etc liable. How will that work in practice ? All that will happen is that they will make it a condition of using their facilities that what you are selling is lawful etc - oh hang on a minute, they already have such clauses. So the seller already has to agree to Ts&Cs stating that what he's selling is legal - what else can eBay, Amazon etc do ?
They can do their job properly.
If you went into John Lewis, or Currys, or Tesco, or any other retailer of any product or type of product you care to think of you would not expect them to have simply taken the word of some completely anonymous supplier that the goods they were selling you were OK.
I know that the transaction is not between the purchaser and eBay, or Amazon, but, tough **** on them if they cannot police their business customers properly, as far as I am concerned they should be held fully responsible.
You can't expect them to inspect/test goods
Maybe not inspect and test everything, but certainly inspect and test random samples. They are running huge and professional businesses by providing web sales facilities to other businesses, and I absolutely can call for them to carry out the same level of diligence which Sainsbury would do if some random meat factory offered to supply them with sausages.
They must do it properly, and they must be held just as accountable for what they allow to be sold as if they had sold it themselves.
And if they whine that they cannot possibly do that then the conclusion and resolution are crystal clear - they are not competent to be offering the services they do and they must not be allowed to continue.
So in short, nice idea - won't happen for several practical reasons.
I'm sure it won't, but that does not change the fact that it is an outrage that they are allowed to continue trading because they have Ts'n'Cs which "forbid" these sellers from doing what they do.
Over and over and over again we see that those Ts'n'Cs are utterly useless - serial failures like this would not be tolerated in the physical world and they should not be tolerated in the online one.