Legal Risks for E-Shops Selling Limited Editions and Collectibles in the EU

JUDr. Jakub Dohnal, Ph.D., LL.M.
JUDr. Jakub Dohnal, Ph.D., LL.M.
8.4.2026 | ARROWS law firm

Selling limited editions and collectible series through an e-shop may seem like a lucrative business opportunity, but it involves a number of legal pitfalls. From intellectual property protection and GDPR to product safety, rules for discount campaigns, and website design, entrepreneurs in this segment face strict scrutiny from regulatory authorities in Europe. We will explain where the biggest risks lie and how to ensure your e-shop operates safely and profitably.

The photo shows specialists in legal risks for e-commerce.

Quick summary

  • Special VAT scheme: The sale of collectibles and second-hand goods is subject to specific rules under the Czech VAT Act, and non-compliance may result in additional tax assessments and penalties.
  • New regulation: GDPR, the Digital Services Act (DSA), the General Product Safety Regulation (GPSR) and the Accessibility Act impose new obligations on e-shops, and breaches are sanctioned with high fines.
  • Intellectual property: Unauthorised use of photographs, designs and trade marks in the sale of collectible goods may lead to claims for damages, disgorgement of unjust enrichment and, in serious cases, criminal prosecution.
  • Prevention: Proper legal support when setting up terms and conditions, reviewing supplier contracts and monitoring compliance minimises risks and protects your business from potentially devastating mistakes.

Specific legal regimes for collectibles and limited editions

Selling collectibles and limited editions through an e-shop requires an understanding of several specific legal regimes. Czech legislation distinguishes between new goods, second-hand goods, works of art and antiques. A key aspect is correctly classifying the item in the relevant category, as an incorrect classification can be costly, particularly in the tax area.

How collectibles and limited editions are defined under Czech law

The term “collectible” is significant in Czech law primarily for the purposes of the VAT Act. Act No. 235/2004 Coll., on Value Added Tax, defines in Section 90 a special scheme for dealers in second-hand goods, works of art, collectibles and antiques. Collectibles are defined by reference to the customs tariff—typically postage stamps, coins, zoological or botanical collections, etc.

Given these requirements, it is critical for entrepreneurs to know how their goods are legally classified. A limited edition of modern sneakers is generally considered ordinary goods, not automatically a “collectible” within the meaning of the VAT Act, even if it is of interest to collectors.

By contrast, a rare vinyl record or a signed lithograph may fall within the category of works of art or collectibles. This distinction affects the VAT calculation (whether you tax the full amount or only the margin) as well as customs obligations. If you are dealing with setting up the VAT scheme, correctly determining the tax base, or the impact of additional assessments and penalties, a consultation within tax law may be helpful. To avoid costly mistakes, many entrepreneurs turn to lawyers from ARROWS advokátní kanceláře, who handle complex issues of tax classification of goods and setting up the VAT scheme. A practical view of when the conditions for tax recognition of a loss on unpaid invoices can be met is also summarised in the update Unpaid receivables in B2B: When a loss on invoices can be claimed as a tax-deductible expense and the strict conditions of the tax authority can be met.

Related questions on specific legal regimes 

1. How do I know whether I can use the special scheme for dealers in second-hand goods?
The special scheme under Section 90 of the Czech VAT Act can be applied if you are a dealer and you purchase second-hand goods, works of art, collectibles or antiques from non-VAT payers. Under this scheme, you account for VAT only on your trading mark-up (margin), not on the full selling price.

2. What happens if I apply the special scheme without being entitled to do so?
If you apply margin taxation to goods for which the law does not allow it (e.g. new goods imported from a VAT payer), the tax authority will assess VAT on the full selling price, including late-payment interest and penalties.

3. Can I use the special scheme for goods imported from third countries?
Yes, the Czech VAT Act allows, under certain conditions, the special scheme to be applied also on the import of works of art, collectibles or antiques if the dealer opts to do so; however, it is necessary to calculate the tax base correctly.

Intellectual property protection and rights to photographs

One of the most common problems for e-shops is the unauthorised use of photographs and trade marks. In the limited-edition segment, this issue is particularly sensitive because the product’s value is often directly tied to the brand and visual presentation.

Copyright in product photographs

A product photograph is a copyrighted work within the meaning of the Czech Copyright Act if it is the result of the author’s creative activity; in practice, however, protection is granted to almost all professional product photographs.

If you commission photographs from a professional photographer, without an explicit licence agreement you do not automatically obtain unlimited rights of use. The photographer may retain moral rights and, in the event of a dispute, argue that you used the photographs beyond the agreed purpose.

Even riskier is taking photographs from the manufacturer or a competitor. The fact that you sell goods of a particular brand does not automatically give you the right to use their official product photos from the website unless you have consent. Unauthorised use of someone else’s photograph may lead to a claim for disgorgement of unjust enrichment, damages and removal of the materials. If you sell products where supervision may be relevant (e.g. pharmaceuticals or regulated products), it may be useful to add context from the article How to tell whether your product falls under SÚKL, SZPI or ČOI.

Trade marks and exhaustion of rights

The sale of branded goods (e.g. limited-edition sneakers, building sets) is subject to trade mark rules. A key concept is the so-called exhaustion of trade mark rights.

If the goods were placed on the market in the European Economic Area (EEA) by the trade mark owner itself or with its consent, its rights have been exhausted. You may then resell those specific goods without any further permission.

However, watch out for two situations:

  • Imports from outside the EEA: If you import a limited edition from the USA or Asia and that edition was not officially sold in the EEA, exhaustion of rights has not occurred. The brand owner may prohibit the sale of such goods as trade mark infringement.
  • Change in the condition of the goods: If you modify, repackage, or worsen the condition of the goods, the brand owner may object to further resale even if the goods were purchased in the EU.

The Court of Justice of the EU has also tightened the liability of online marketplace operators. If you store and sell third-party goods that infringe trade marks, you may, in certain circumstances, be held liable.

Ways to protect your e-shop

To minimise risks:

  • Contractual arrangements for photographs: Enter into written licence agreements with photographers or contracts for work including a clause on the transfer of economic rights.
  • Verification of the origin of goods: Make sure that the goods you sell were demonstrably placed on the market in the EEA with the brand owner’s consent. Keep acquisition documents (invoices from authorised distributors).
  • Your own content: The safest approach is to create your own product photos of the purchased goods, which is generally permitted when selling genuine goods.

The lawyers at ARROWS advokátní kanceláře can prepare a legal analysis of your supply chains and licence agreements, helping you avoid disputes worth millions of Czech crowns.

Related questions on intellectual property protection

1. Can I use the manufacturer’s photos when selling its goods?
Without explicit consent (e.g., in the distributor terms and conditions), this cannot be recommended. Copyright in photographs and trade mark rights are two different things.

2. What are the risks if I sell goods from “grey imports” (outside the EU)?
The trade mark owner may seek a court injunction prohibiting sales, withdrawal of the goods from the market, destruction of stock, and financial compensation. The customs authorities may detain such goods.

GDPR, personal data protection and cookies

In 2026, the EU rules on data handling remain among the strictest in the world. E-shops must comply not only with the GDPR, but also with the Czech Personal Data Processing Act and the Czech Electronic Communications Act.

Basic GDPR obligations for e-shops
  • Lawfulness of processing: You process personal data for order fulfilment on the basis of performance of a contract.
  • Information duty: The website must provide easily accessible “Privacy Policy” information clearly explaining what data you collect, why, how long you keep it, and what rights the customer has.
  • Cookies and banners: Under the Czech Electronic Communications Act, the opt-in principle applies. This means that, apart from technically necessary cookies  without the user’s prior demonstrable consent.

Common mistakes and sanctions

The Czech Data Protection Authority (ÚOOÚ) focuses on so-called dark patterns in cookie banners. The banner must not manipulate users – the “Reject all” button must be as visible and accessible as “Accept all”, and pre-ticked consent boxes are unlawful.

Fines under the GDPR can reach up to EUR 20 million or 4% of worldwide turnover. In the Czech Republic, fines for smaller entities typically range from tens to hundreds of thousands of Czech crowns, but remediation costs and reputational damage can be much higher.

Related questions on GDPR

1. Do I need consent to send a newsletter to a customer who has made a purchase?
If you promote your own similar products or services, you do not necessarily need consent, but you must give the customer the option to refuse (“opt-out”) already when collecting the contact details and in every subsequent email.

2. How should I handle data deletion (the right to be forgotten)?
If a customer requests erasure, you must delete their data unless there is another legal basis for retaining it (e.g., archiving invoices under the Czech Accounting Act or VAT rules for 10 years).

GPSR – General Product Safety Regulation

Regulation (EU) 2023/988 on general product safety is fully effective and applies to all e-shops selling to consumers in the EU. It significantly tightens the requirements for product information.

What GPSR brings for e-shops

If you sell collectibles (that are not antiques), you must state the following for each product in your e-shop:

  • Manufacturer identification: The name, registered trade name or trade mark of the manufacturer, and the postal and electronic address (email) at which they can be contacted.
  • Responsible person in the EU: If the manufacturer is from a non-EU country, the product listing must include a responsible person established in the EU (importer, authorised representative) with contact details.
  • Product identification: An image, type, batch number or serial number so that the product can be easily identified.
  • Safety warnings: All warnings and safety information in the Czech language (e.g., “Not suitable for children under 3 years”, “Contains small parts”).
Risks and liability

As a seller, you are responsible for offering only safe products. The Czech Trade Inspection Authority (ČOI) monitors compliance with these obligations. If an e-shop does not include the mandatory information under the GPSR, the product may be withdrawn from sale and a fine may be imposed. If you sell a dangerous product that causes damage, you are also liable for that damage.

Accessibility and the Accessibility Act

Act No. 424/2023 Coll., on accessibility requirements for certain products and services, has been fully effective since mid-2025. E-shops must be accessible to persons with disabilities (compatibility with screen readers, subtitles for videos, sufficient contrast, keyboard operability).

An exemption applies to so-called micro-enterprises (businesses employing fewer than 10 people and whose annual turnover or balance sheet total does not exceed EUR 2 million) in relation to services. However, even micro-enterprises should strive for maximum accessibility to avoid discrimination disputes.

DSA – Digital Services Act

The Digital Services Act (DSA) applies to intermediary services. For a standard e-shop that sells its own goods, the obligations are less stringent than for large marketplaces, but they still exist.

Obligations under the DSA for smaller e-shops

If your e-shop allows users to post reviews or comments (a so-called hosting service), you must:

  • Designate a single point of contact for supervisory authorities and for users.
  • Have clear content moderation rules in your terms and conditions (which reviews you delete and why).
  • Implement a mechanism for reporting illegal content (e.g., if someone uploaded illegal content in a review).

Online marketplace operators (marketplaces) that enable third-party sales have much broader obligations, including verifying sellers’ identities and transparency of recommender systems.

Consumer protection and complaints

Consumer protection is governed by the Czech Civil Code and the Consumer Protection Act. Collectibles give rise to specific situations that need to be addressed from a legal perspective.

Right to withdraw from the contract

As a rule, a consumer has the right to withdraw from an online contract within 14 days without giving any reason. There is an exception under Section 1837(b) of the Czech Civil Code for goods whose price depends on fluctuations in the financial market independently of the trader’s will.

Please note that this exception cannot be applied across the board to collectibles merely because their value is subjective or changes over time. Courts interpret this exception narrowly (e.g., investment gold), so for limited-edition sneakers or figurines, the 14-day return period generally applies.

Warranty and liability for defects

When selling new goods, you are liable for defects that become apparent within 2 years of acceptance (statutory warranty). For used goods—which is common with collectibles—you may agree with the customer to shorten the period for exercising rights arising from defective performance to 1 year.

You must state this information clearly in the product description or in the terms and conditions. At the same time, you are not liable for defects corresponding to the degree of use or wear and tear the goods had upon acceptance.

Unfair commercial practices and discounts

An amendment to the Consumer Protection Act introduced strict rules for presenting discounts. If you advertise a discount, it must be calculated from the lowest price at which you sold the product in the last 30 days before the discount.

It is also prohibited to use so-called false urgency (e.g., countdown timers such as “offer ends in 5 minutes” if that is not true) or false claims of limited availability if you have more items in stock.

Selective distribution and control of luxury goods sales

Luxury brands often use selective distribution systems to control who sells their goods and how.

Legality of sales restrictions

According to the case law of the Court of Justice of the EU (the Coty case) and the block exemption regulation, luxury goods manufacturers may prohibit their authorised distributors from selling on third-party online marketplaces.

If you are an authorised distributor, you must comply with these restrictions, otherwise you risk termination of the contract. If you are not an authorised distributor and you legally purchased the goods within the EEA, the manufacturer generally cannot prevent you from reselling them.

P2B Regulation – rules for online platforms

Regulation (EU) 2019/1150 (the P2B Regulation) concerns relationships between online platforms and business users. This regulation does not apply to a standard e-shop that sells only its own goods. It applies to you only if you operate an online marketplace where you allow other merchants to sell their goods to end customers.

If you operate a marketplace, you must have transparent terms and conditions, clear rules for ranking offers, and an internal system for handling complaints from business users. Supervision is carried out by the Czech Telecommunication Office.

Risks and sanctions

ARROWS solution (office@arws.cz)

Unauthorised use of photographs: Action for unjust enrichment, damages, legal costs.

Review of contracts with photographers, risk analysis of sourced materials, representation in disputes.

GDPR breach: Fine of up to EUR 20 million or 4% of turnover (the Czech Data Protection Authority – ÚOOÚ), loss of trust.

Audit of GDPR documentation, cookie banner setup, consent wording.

Non-compliance with GPSR (safety): Sales ban, withdrawal of goods from the market (recall), fine from the Czech Trade Inspection Authority (ČOI).

Review of product labelling in the e-shop, setting up processes for withdrawing defective products.

Incorrect VAT regime: Additional tax assessment by the tax authority, penalties, default interest.

Tax and legal assessment of applying the special regime for collectibles.

Misleading discounts and practices: Fines from the Czech Trade Inspection Authority (ČOI) for unfair commercial practices (up to CZK 5 million).

Review of marketing campaigns and the method of calculating discounts under Czech law.

Conclusion

Running an e-shop with collectibles in 2026 requires more than just passion for the field. It is a complex discipline tied to a range of regulations. Ignoring the rules on intellectual property, VAT, or consumer protection can lead to crippling fines and court disputes.

The lawyers at ARROWS advokátní kancelář, a Prague-based law firm, specialise in e-commerce law and help clients set up their business so that it is safe and compliant with current legislation.

If you want to be sure your e-shop will stand up to inspections as well as competitors, contact us at office@arws.cz.

FAQ – Most common legal questions about legal services for e-shops

1. Can I sell limited editions without the manufacturer’s consent?
If you legally purchased the goods within the European Economic Area and there has been no substantial change or deterioration in their condition, the principle of exhaustion of rights generally applies and you may resell the goods. Be careful with imports from countries outside the EU, where you need the trademark owner’s consent for the first placing on the EEA market.

2. What sanctions apply for incorrectly set cookies?
If you store marketing or analytics cookies without the user’s active consent (opt-in), you are in breach of the Electronic Communications Act and the GDPR. You may face a fine from the Czech Data Protection Authority (ÚOOÚ) and, in extreme cases, also from the Czech Telecommunication Office (ČTÚ).

3. Do I have to state the address of the manufacturer from Japan for a collectible figurine?
Under the GPSR, you must provide not only the manufacturer’s details, but if the manufacturer is not established in the EU, you must also provide the contact details of the responsible person established in the EU (e.g., the importer), whom authorities and consumers can contact.

4. Can a customer return an unboxed collector’s edition within the 14-day period?
Yes, if the goods do not fall under statutory exceptions (e.g., audio or video recordings or computer programs if their original packaging has been unsealed). For figurines or sneakers, unboxing usually does not prevent a return; however, if the packaging—which forms part of the collectible value—has been damaged, you may require the consumer to compensate you for the reduction in the value of the goods.

5. What is the difference between the warranty for new and used goods?
For new goods, you are liable for defects for 2 years. For used goods, this period can be shortened to 1 year if you agree on this with the customer. For used goods, you are also not liable for defects caused by prior use or wear and tear.

Notice: The information contained in this article is of a general informational nature only and is intended to provide basic guidance on the topic based on the legal framework as of 2026. Although we strive for maximum accuracy, legal regulations and their interpretation evolve over time. We are ARROWS advokátní kancelář, an entity registered with the Czech Bar Association (our supervisory authority), and for maximum client protection we maintain professional liability insurance with a limit of CZK 400,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS advokátní kancelář directly (office@arws.cz). We accept no liability for any damages arising from the independent use of the information in this article without prior individual legal consultation.

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