RE: Need legal advice?

["BUTLER, Tony, FM" <tony.butler@xxxxxxx>]

Thanks Mark, 

I'd not looked at this no.  I will do though.
I really don't know if I'd be a merchant or not.
Sometimes I have bought goods from 'proper' webtailers, and the goods
have
come directly from their supplier to me, so I pay the webtailer, they
pay
the supplier, but the goods go direct - does that mean the webtailer is
out
of the picture WRT warranty?

Also, sometimes it's a case of '30 days back to base, beyond that back
to
the manufacturer' again, where is the responsibility.

Of course I don't want to have anything to do with warranties 6 months
down
the line, though if an AT arrived DoA then I would get involved.  So
far
>from
I return them to Denmark etc etc.
I've asked for clarification on this, as if the warranty is
transferrable
and I transfer it to the buyer once they are happy with the goods, then
surely any further warranty issues would be with the manufacturer?

Also, that distance selling thing about returning goods for _any_ reason
in
7 days seems a bit much. 
That means you could get tesco home delivery of a cake, eat 1/2 and
then
decide you didn't want it.  Or buy some software, copy it and return
it -
yet I see all the times notices saying that software cannot be returned
if
opened.
Indeed, I had that recently on an AV lead!!!


tony.

> -----Original Message-----
> From: Mark Marooth [mailto:MMarooth@xxxxxxx]
> Sent: 30 May 2002 12:35
> To: ukha_d@xxxxxxx
> Subject: RE: [ukha_d] Need legal advice?
> 
> 
> 
> 
> Tony,
> 
> If you have not done so, have a look at the Consumer 
> Protection Act (1987 I
> think) which is the one very often quoted on watchdog.  It 
> starts off something
> like:
> 
>                                                              
>                  
>       If you sell products or service to
consumers from a 
> base in the European  
>       Community (EC), then you are
obliged to comply with 
> this
act.            
>                                                              
>                  
>                                                              
>                  
>       You cannot prepare legal terms and
conditions which 
> contravene this act,  
>       or try to impose your own
rules.                       
>                  
>                                                              
>                  
>                                                              
>                  
>       Most of the terms will be familiar
to any normal shop 
> or business trading 
>       with a consumer in a traditional
outlet. However 
> traders new to the web   
>       should be aware of the Distance
Selling Regulations 
> introduced in 2000.   
>       These require a merchant to offer
(and confirm in 
> writing) to accept the  
>       return of the goods for any reason
with 7 days of 
>
receipt.               
>                                                              
>                  
>                                                              
>                  
>       You can find out more about the
Consumer Protection Act 
> and Distance      
>       Selling Regulations from the
DTI.                      
>                  
>                                                              
>                  
>                                                              
>                  
>       To understand more about the
subject also review the 
> information          
>       published by the Consumers
Association (Which). They 
> also run the Which   
>       Webtrader scheme to appraise and
recommend consumer 
> websites - this may   
>       be of particular interest to
ecommerce
sites.           
>                  
>                                                              
>                  
> 
> 
> 
> The question is (WRT the act and not my opinion), I guess, 
> are you a merchant ?


********************************************************************
      Visit our Internet site at http://www.rbsmarkets.com

This e-mail is intended only for the addressee named above.
As this e-mail may contain confidential or privileged information,
if you are not the named addressee, you are not authorised to
retain, read, copy or disseminate this message or any part of it.
********************************************************************


For more information: http://www.automatedhome.co.uk
Post message: ukha_d@xxxxxxx 
Subscribe:  ukha_d-subscribe@xxxxxxx 
Unsubscribe:  ukha_d-unsubscribe@xxxxxxx 
List owner:  ukha_d-owner@xxxxxxx

Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.