16 replies to this topic

[Techie2000]

Hi.. just started up a store.. it's been an idea for a while..

the issue is not with the tracks i will be selling, they are mainly either made by myself, or people i know so i'm not asking about music copyright laws..

i've been reading the forum for a few weeks, and reading things like, i have to have my name and address on every page.. and other things..

so before i actually start adding products, please could someone just help advise me so i know i wont get shut straight back down.!!

i'm not expecting or wanting it to be a huge business, just a few sales here and there is all i'm after really.. it's more an outlet for mine and others music, rather than a living.

Thanks

http://www.tiny-vinyl.co.uk/store



T

Edited by Techie2000, 19 March 2007, 22:15.

[datasolution]

Techie2000, on Mar 20 2007, 03:44 AM, said:

Hi.. just started up a store.. it's been an idea for a while..

the issue is not with the tracks i will be selling, they are mainly either made by myself, or people i know so i'm not asking about music copyright laws..

i've been reading the forum for a few weeks, and reading things like, i have to have my name and address on every page.. and other things..

so before i actually start adding products, please could someone just help advise me so i know i wont get shut straight back down.!!

i'm not expecting or wanting it to be a huge business, just a few sales here and there is all i'm after really.. it's more an outlet for mine and others music, rather than a living.

Thanks

http://www.tiny-vinyl.co.uk/store



T

I think it's illegal....

[Techie2000]

in what way?

[baddog]

Techie2000, on Mar 19 2007, 06:14 PM, said:

Hi.. just started up a store.. it's been an idea for a while..

the issue is not with the tracks i will be selling, they are mainly either made by myself, or people i know so i'm not asking about music copyright laws..

i've been reading the forum for a few weeks, and reading things like, i have to have my name and address on every page.. and other things..

so before i actually start adding products, please could someone just help advise me so i know i wont get shut straight back down.!!

i'm not expecting or wanting it to be a huge business, just a few sales here and there is all i'm after really.. it's more an outlet for mine and others music, rather than a living.

Thanks

http://www.tiny-vinyl.co.uk/store



T

It's a really good idea to rely on legal advice you get on the Internet, especially if the person giving the advice is not a lawyer....................or is it? Personally, I would go see a lawyer.

[Techie2000]

true..

i was just wondering if there was anything glaringly obvious to anyone really..

[enigma1]

Techie2000, on Mar 21 2007, 10:52 AM, said:

true..

i was just wondering if there was anything glaringly obvious to anyone really..

well before even asking a lawyer you can be aware of few things so you can then ask precise questions. There is an EU directive you can read this article is recent:
http://www.out-law.com/page-7594

But I don't know every details and how corporations who do business internationally handle it. And I also don't know if your host's location plays a role comparing to where you do the business along with whether .com makes a difference instead of the .co.uk for this case.

[Brucie]

Hi Techie,

I will throw my support behind Outlaw.com. They are a pretty respectable firm of lawyers who operate the site and have some good advice for setting up.


Few things to check:

1) VAT and company number needs to be on every page (easier on the bottom)
2) Under your contact us page, you need the companies registered address, VAT number and the following from the Companies Act "Company Name Limited is a company registered in England and Wales with company number 012345678
3)When creating an account, you need to include "Accept privacy tickbox which the customer must tick first with either a pop-up box containing the privacy notice or a scroll down box.
4)As above but for the checkout proceedure but with "Accept the Terms and Conditions"
5)Check out creating an online contract on outlaw.com
6)Make sure you comply with Trade Descriptions Act, Sale of Goods Act, Distance Selling Regulations and the WEEE directive for a few things to check out.

I've only had a brief look but they should be a few things for a starter!!

[Techie2000]

top stuff

thanks people..

[Wicky]

Brucie, on Mar 22 2007, 06:19 PM, said:

Hi Techie,

I will throw my support behind Outlaw.com. They are a pretty respectable firm of lawyers who operate the site and have some good advice for setting up.
Few things to check:

1) VAT and company number needs to be on every page (easier on the bottom)
2) Under your contact us page, you need the companies registered address, VAT number and the following from the Companies Act "Company Name Limited is a company registered in England and Wales with company number 012345678
3)When creating an account, you need to include "Accept privacy tickbox which the customer must tick first with either a pop-up box containing the privacy notice or a scroll down box.
4)As above but for the checkout proceedure but with "Accept the Terms and Conditions"
5)Check out creating an online contract on outlaw.com
6)Make sure you comply with Trade Descriptions Act, Sale of Goods Act, Distance Selling Regulations and the WEEE directive for a few things to check out.

I've only had a brief look but they should be a few things for a starter!!

What if you're not VAT registered and not registered as a limited company? Any ideas what the requirements are for sole traders & registered partnerships?

Thanks

[Brucie]

If you are a sole trader, I believe you still need to follow the rest of this page but obviously you don't need to put the company and VAT number.

Distance selling and online contracts are probably the most important aspect though as I seem to see loads of online traders who complete ignore them.

For example, one company has this in their returns and shipping section.

"In exceptional circumstances non-faulty goods are authorised for return but only on the understanding that all shipping fees including the fees in the original purchase are non refundable."

Under the Regulations a consumer can cancel a distance contract at any time during the "cancellation period" by notifying this intention to the supplier in writing. This cancellation period is upto 7 working days from when the goods were delivered. The full price paid for the goods including the cost of delivery must therefore be refunded. The customer then has the responsiblity of return the product for a refund and is liable only for that shipping charge.

[madcrazygirl]

Brucie, on May 23 2007, 10:11 AM, said:

The full price paid for the goods including the cost of delivery must therefore be refunded. The customer then has the responsiblity of return the product for a refund and is liable only for that shipping charge.

You sure about this one?

If that is the case even the 'big boys' must be breaking the law then......

eg John Lewis (major UK department store) return policy quote:

We will refund your original delivery charge when a product is faulty or damaged, but not when a product is simply unwanted


Many of us would have to significantly raise our prices to cover this cost if this was the case

[Brucie]

To be honest (as per usual!) the regulations are a little unclear on that. Bear in mind I'm not a legal eagle

OFT says:
"Where a contract is cancelled, the consumer must ensure that reasonable care is taken of any goods received and 'restore' them to you. This does not mean that they have to return them - unless you stipulate this in the contract - only that they make them available for you to collect.

You must refund the consumer's money as soon as possible and, at the latest, within 30 days of receiving the written notice of cancellation. The consumer may, at your discretion, be charged the direct cost of returning the goods, but you must tell them about this in the written information you give them."

And the actual regulation (The Consumer Protection (Distance Selling) Regulations 2000) mentions only about 'recovering' the goods.

"(5) Subject to paragraphs (6) and (7), the supplier may make a charge, not exceeding the direct costs of recovering any goods supplied under the contract, where a term of the contract provides that the consumer must return any goods supplied if he cancels the contract under regulation 10 but the consumer does not comply with this provision or returns the goods at the expense of the supplier."

There isn't anything clearly regards the original delivery charge, to be paid back to the customer. Which is a good thing in some aspects but bad in another! I'm going to see if I can find some more definate proof of this.

[crash3903]

Interesting thread...the link to the page that enigma1 gave is good reading - but be aware this is only relevant to PLC or LLC companies

Sole traders still have to provide their contact details and address...But not company registration number because you don't have one as a sole trader or partnership

As a side note:

Being LLC or limited does not carry the protection it used to so it does not really make much difference if you are limited or not as far as liability to the companies debt goes

Edited by crash3903, 23 May 2007, 10:26.

[Domains877]

Techie2000, on Mar 19 2007, 10:14 PM, said:

Hi.. just started up a store.. it's been an idea for a while..

http://www.tiny-vinyl.co.uk/store



T

Hmm... 404 not found

[MrPhil]

Domains877, on Sep 17 2007, 04:02 PM, said:

Hmm... 404 not found

It's there. Try just http://www.tiny-vinyl.co.uk.

[Script404]

madcrazygirl, on May 23 2007, 09:25 AM, said:

You sure about this one?

If that is the case even the 'big boys' must be breaking the law then......

eg John Lewis (major UK department store) return policy quote:

We will refund your original delivery charge when a product is faulty or damaged, but not when a product is simply unwanted
Many of us would have to significantly raise our prices to cover this cost if this was the case

Its different for shops, but UK distance selling laws give customers a cooling off period, I assume its because they can't physically see the product till they get it, and its a pain, we have had to take products back for it.

[seb1188]

Try relying on official government advice....

http://www.hmrc.gov.uk

There are links at the top to the different types of business (self-employed for partnerships/sole traders etc)



and


http://www.businesslink.gov.uk/

This is the best government run website ever. Really easy to find what you need to do.


I'm in a partnership. The law's are pretty much the same as a sole trader, which it seems you may be. I'm NOT VAT registered. I'm Class II NI contribution exempt (yes, business is bad). These are MY obligations:

1 - I must have the surnames of the business partners (or the single owner) printed on every page of everything business related (easy way to do this is to put "Business Name - (Surname & Surname)" or shove it somewhere else if you like, as long as it's there)

Umm... yeah.. that's just about it. Except reigistering as self employed within 3 months (or they fine you £100) and registering as NI contribution exempt.



As I said though, http://www.businesslink.gov.uk/

Government website. Most reliable source you'll find.