Re: UKNM: Terms & Conditions

[Speechrad]

In a message dated 29/02/00 18:05:56 GMT Standard Time,

carlvardus [dot] com

writes:


<< Yep - many people don't read them, but they are vital. Like any product /

  service sold or distributed - all come with "conditions". It does have legal

  standing, because you usually can't buy or use a product until you have

  checked the agreed with T's & C's box. This means that by law, you have

  stated that you have understood limitations, etc to the product / service.

  Any company can hold this up in court. Anyone who doesn't state "conditions"

  is mad - you open yourself up to unlimited liability.

   >>

There is some useful advice at Graham Ross' etradelaw.com on the new Direct 

Selling Directive. I'm surprised Graham hasn't replied to this himself - too 

modest maybe.

Basically the directive gives the consumer far more rights than YOU thought 

reasonable.


Graham put a Powerpoint Presentation on the site illustrating the main points 

but it sometimes disappears when he is updating. You can get a copy from 

www.NorthofWatford.com's site as well. This PP demo is zipped to save space 

and also stop you accidentally running it on-line and eating my bandwidth. OK 

so now you'll unzip it AND run it on-line.


There are a couple of basic points of selling on-line - the purchaser must 

click to accept terms & conditions before purchase and it is wise not to 

'offer for sale' as once someone agrees you are bound to provide at that 

price - no get out's it's a contract!  Offer for sale a Ferrarri for 1p by 

accident and you could be forced to deliver (unless you go legally bankrupt). 

What you should do is invite a bid or offer for tender.  Get a lawyer to give 

you an exact term. 


You might also be breaking a law somewhere by offering (sorry inviting bids 

for) goods that are legal here but not in another country.  That might 

seriously limit your future holiday plans once you've made your first million.

Remember, you probably won't get sued for selling Elivis Presley giftware 

from a UK website but make a mint and that holiday or business trip 

California (where you can copyright the names of dead people) could be 

disrupted by some smart lawyer turning up at LAX with a law suit. This threat 

was actually made by a lawyer to a friend selling Elvis Presley Boulevard 

signs and he wasn't even using the Internet.


By the way, I'm not a lawyer and this is all just my opinion. 


Thank goodness we just supply audio, now all I have to worry about is 

copyright, libel, slander, PRS, MCPS and loonies upset by any opinion that 

differs from those we broadcast like the pro gun lobby survivalist who 

started flaming us when we mentioned a school gun incident in the US.


Michael

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