Note to the traders!

[Pete Rieden]

Just a general "note to the wise":

 There are quite a lot of good traders who are using the internet to sell model goods. Most of these use off-the-shelf web-trading software like OSCommmerce to construct their websites, and most of this software comes from the USofA - there's a potential "gotcha" thay they should be aware of. Quite often this software comes complete with standard "Terms & Conditions", but these are drafted under US law and contain many terms which are illegal under English law (not sure about Scottish law).

Specificly, there is usually a term which says that the goods become the property and liability of the purchaser from the point where the seller hands them to the carrier. This is illegal under the Distance Selling Regulations and/ the Sale of Goods Act, which clearly state that [in a business-to-consumer transaction] goods are the responsibility of the seller until they are accepted by the buyer, and any damage in transit is the liability of the seller. These rights cannot be removed by Terms and Conditions. The same applies to "restocking charges" and (generally) to postage costs - except in a very few specific circumstances the costs of outbound and return carriage must be covered by the seller, and in the event that goods are jejected or returned for refund the seller cannot deduct either postage cost.

Now in general most traders realise this and are reasonable people who have simply not corrected the Ts&Cs on their websites; in reality they behave in accordance with the law. But there are one or two how have been trying to impose the Ts&Cs as written, either in ignorance of the law or out of bravado assuming that the buyers won't take it further. The reason I'm raising this here is that a friend is a Trading Standards Officer, and he has told me that they are getting annoyed at the number of complaints they are getting in this area (internet trading in general, not just the model trade) so they will be starting a "blitz" on it. They will shortly be looking for such examples and initiating some prosecutions to get the message across. Knowing that very few of the small model traders could easily survive a £20k fine plus costs, I suggest a quick review of website Ts&Cs and some enhanced "staff training" on the legal obligations could be a worthwhile investment.

 £0.02 supplied,

 PDR