There are many factors to consider before purchasing an eCommerce website of any kind and before you make any purchase you should ask yourself the following questions:

Is the seller permitted to sell me this design?
What's wrong with using a design that I don't have the right to use?
How do you know whether you can use the site without facing the prospect of being sued?
Will the site suit my requirements?
What will the site look like on other people's computers?
Will I receive the files to install or will it be installed for me?
Are there any ongoing fees for hosting or do I have to arrange this myself?
Will I receive any after sales service?

Is the seller permitted to sell me this design?

• A seller should not offer you any kind of website unless they either hold the Intellectual Property rights to the design (designed it themselves), or have the permission of the rights holder to sell the site (perhaps by paying a designer to design the site exclusively for them)
• This is quite often an overlooked or little understood factor, but if you purchase a website design that the seller was not permitted to sell, you may find yourself facing litigation and a hefty bill if you use it.
• There are a number of eBay sellers selling a handful (often up to 70) designs to which they do not hold the Intellectual Property rights. If you use one of these, you may be in breach of international Intellectual Property and Copyright laws. In other words, check that they are the Intellectual Property rights holder (i.e. the seller has designed the site themselves), or they have permission to sell the design. Simply adding their own copyright mark to the design, does not make it theirs to sell.
• Having said that, not all sellers who offer a choice of designs are breaching Intellectual Property laws, providing they hold the exclusive right to sell them. It's just very important to be wary of those who do not hold the rights.
  

What's wrong with using a design that I don't have the right to use?

• Aside from damaging legitimate businesses, there is also the fact that you may be sued for doing so. It is is not like copying a CD to listen to in your own home (although technically, this can also be illegal). If you use a design that belongs to somebody else without their permission - there's no hiding . You will be broadcasting your use to the entire world via the internet.
• Your prospective customers may be aware that the design you are using does not belong to you, making them suspicious towards your trading intentions (if you use stolen property, your customers may believe that you'll also be prepared to sell stolen property. They may also feel that your site is a 'fake' or 'spoof' site, designed to take their money and deliver nothing). It's not a good start if your customers aren't confident.
• There have been cases recently where website owners have received bills for thousands of pounds for using the intellectual property (design) that belonged to somebody else. Could you afford this?
• Sellers who sell you a site they have not designed themselves may have little or no understanding of how it all works. They may not have the technical ability to fix any security issues that arise, leaving you with the responsibility if your site is 'hacked' and your customer's details are stolen from you.
• Look closely at the sellers examples. Quite often, although they are offering the design for sale, if they do not have the master images from which the design was built, they would not be able to change the images to include your specific company or domain name without the effect being noticeable and ruining the appearance of your site

How do you know whether you can use the site without facing the prospect of being sued?

• Use common sense – if it looks too good to be true – it probably is
• If you are being offered 20 or more designs that would normally cost £50+ each, think about why you're only being asked to pay only £3.99
• Try asking the seller if they own the Intellectual Property Rights to the design. There are very few designers or legitimate Intellectual property rights holders that will allow any kind of unlimited 'resale' of their designs. Of course, unscrupulous sellers may tell you that they do have permission or have purchased 'resale rights'.  Look out for those words 'resale rights' in any reply! On the other hand, if the seller doesn't understand or cannot answer the question fully, what does this say to you?
• If you spent months designing a website and could sell it for many times for £50+, would you allow somebody to sell it as part of a package for as little as 5 pence?
• As a rule, if they did not design the website, then it is extremely unlikely they will have the right to 'sell' it to you – regardless of what they may say.
• It would not be enough for the seller to change minor portions of the site they are offering such as the name or title. They would need to make major changes to (or remove) the images entirely to comply with Intellectual Property laws
• Look at the sellers' website (if they have one) and see if you can find any information as to their authenticity. The words 'resale' and 'unlimited' are often clues!
• Read the sellers 'small print' and Terms & Conditions. If they make any disclaimers regarding the design, be extremely wary.
• Have a look at the major internet template retailers – quite often the designs have been 'stolen' from them. For specific examples, go to the legitimate  on-line sellers www.templatemonster.com and search for template numbers 9083, 9089 & 9171 then go to www.flash-template-design.com and browse through their templates (specifically the 'Watch Shop' and 'Jewellery Shop' templates). If a seller is offering any of these templates for sale or uses them as their 'demo' sites, then the chances are they are doing so illegally.
  

Will the site suit my requirements?

• If you have any specific concerns or requirements, ask the seller.
• You may find that the site you're considering purchasing doesn't quite do what you want it to. Perhaps it doesn't have the shipping or payment options that you need. Perhaps you would like to add something specific to your product or business. Reputable sellers will be able to answer any concerns you may have and can often add features if they are not already included. They may charge for adding some features, but it's better to buy from a seller that can do this rather than one that cannot.
• Sellers who do not understand the product they are selling may list features that are not included because they have simply copied portions of their listing from another seller offering a similar product. If they copy other listings, they may also be copying the website they are 'selling'
  

What will the site look like on other people's computers?

• With the number of browsers available (Microsoft's Internet Explorer, Mozilla FireFox, Apple's Safari, Google's Chrome etc.), it's important that be sure that the site functions and looks as it should on all browsers. Check with the seller if you're not sure
  

Will I receive the files to install or will it be installed for me?

• This depends on the product you are purchasing. It should say this in the listing. Some sellers expect you to install the site yourself and may charge an additional fee for assistance, whilst other sellers include this as part of the package they are selling. If you are unsure, simply ask.
  

Are there any ongoing fees for hosting or do I have to arrange this myself?

• Again, this depends on the product you are purchasing. Some sellers sell the site allowing you to arrange for your own hosting (or can arrange this for an additional fee), whilst others will include hosting as part of the package. There is nothing specifically 'wrong' about either option. Just be sure you read the descriptions fully, or ask if you are unsure.
  

What sort of after-sales service will I receive?

• This all depends upon the seller. If it's one person operating from home, you may receive less support than a business. If the seller is out, at work, or at college, they may be unable to help or provide around-the-clock assistance. On the other hand, businesses may only operate between 9 and 5
• Another clue as to the sort of after sales service you will receive can be found in the pre-sales service. Ask a few awkward questions and see what answers you get!
  

In Summary

• Our advice is simple. Although it may occupy some of your precious time, research your seller thoroughly, avoid the scammers and avoid potentially costly mistakes