INDIVIDUAL or BUSINESS ?

[Annes_Nostalgia]

As well as feeling a bit iffy about sellers who are obviously a business and lie about it, I am concerned as a buyer, particularly regarding this bit of the Distance Selling Regulations :

The Act provides that wherever goods are bought they must “conform to contract”. This means that items sold through eBay [or other on -line sites] by business sellers must be:

• of "satisfactory quality";
• "as described"; and
• "fit for purpose".

Therefore goods sold by business sellers must not be inherently faulty at the time of sale, must match any description given to them and, allowing for factors like price, they must be fit for their purpose, defect free, safe and durable.

Where the seller is a private individual, the goods must be “as described”. The goods are not legally required to be of “satisfactory quality” or “fit for purpose”.

I think many sellers who call themselves Individual/Private but are actually Business do so to dodge their responsibility with regard to the rules.

[deltadelta48]

Yes in the U.K. it's the law that if you buy something with the intent of selling it on to make a profit then you should be registered as a business and declare your earnings to the taxman !

Ah, there is the difference. If we buy things to sell, we must declare our earning to the taxman/taxwoman (and are considered a business by them) but DO NOT have to be registered as a business.

Our individual states cover protection for buyers, while the feds (taxmen) are not interested in that aspect of our business. You seem to have a centralized law about protecting customers, our states handle that (which is why everything is often a mess, companies to violate consumer rights now move to other states if the laws are more lenient there).

[SantasWonderland]

Voted don't care.

Because it's saturday and i've got to go to work, I have thousands of items i'd need to clear, and Bossy boots won't let buy anything else until there's more space (EVEN THOUGH SHE'S STILL BUYING NEW STUFF HERSELF).

My mums laid up in bed, after a fall, Doctors don't know what the problem is since last summer . I dropped a box of 500 cd's down the stairs that I wanted to keep . And i've got the two bob bits

At the end of the day people will do what they want to do regardless, so why worry about? It's their problem if caught?

Now that i've made your day brighnter i'm off to work.

Have a great day listing everyone.

[papagran40]

you still have time to vote , and to say I see the do not care is winning...but it is close , but reading some of the posts , I wonder , why no one has voted ....no... there are some against it ...but no vote...now then , this will start a few no votes to come in.....have a nice Saturday evening......papa.

[bykimbo]

you still have time to vote , and to say I see the do not care is winning...but it is close , but reading some of the posts , I wonder , why no one has voted ....no... there are some against it ...but no vote...now then , this will start a few no votes to come in.....have a nice Saturday evening......papa.

Not everybody thinks one's polls and posts are as fascinating, irresistible, or important as one tends to oneself. I try not to take it personally when it happens to me.

[papagran40]

Hi Kim , ..guess that means I need to have a wee lay down again....oh well....papa.

[burgyeb]

[Quote by Papagran40]
INDIVIDUAL or BUSINESS ?
.... just yes or no .
should any members who go out and buy items for resale be classed as a BUSINESS ? now think about it...
If I sell some of my things I have no further use for that is fine...INDIVIDUAL ...
If I go out and buy something to SELL FOR A PROFIT , then I should be classed as a BUSINESS .. [Quote]

Response may be due to question format. May have needed to be a bit clearer. Those answering yes agree that if someone goes out to buy something to sell for profit they should be considered a business (which is a clear business requirement seemingly in the UK. The other respondents "just don't care".

Issue with your question is that UK business laws vary from USA business laws. In USA laws vary from state to state, and USA citizens are under the jurisdiction of their own state business requirements and federal requirements. So it's kind of like looking at apples, oranges, bananas, etc.

It would be important for each person to be aware of requirements that affect their business practices, and choose their activites accordingly.

[banrigh]

[QUOTE=burgyeb;1146541][Quote by Papagran40]
INDIVIDUAL or BUSINESS ?
.... just yes or no .
should any members who go out and buy items for resale be classed as a BUSINESS ? now think about it...
If I sell some of my things I have no further use for that is fine...INDIVIDUAL ...
If I go out and buy something to SELL FOR A PROFIT , then I should be classed as a BUSINESS ..

Response may be due to question format. May have needed to be a bit clearer. Those answering yes agree that if someone goes out to buy something to sell for profit they should be considered a business (which is a clear business requirement seemingly in the UK. The other respondents "just don't care".
Issue with your question is that UK business laws vary from USA business laws. In USA laws vary from state to state, and USA citizens are under the jurisdiction of their own state business requirements and federal requirements. So it's kind of like looking at apples, oranges, bananas, etc.

It would be important for each person to be aware of requirements that affect their business practices, and choose their activites accordingly.

Totally agree. Also, in some states, there are city taxes + state taxes. In New Hampshire, there is no state tax. Plus, where US federal taxes are concerned, you have to make a certain gross amount yearly or they don't bother. This poll applies to only those who sell in the UK and that is why many, I would believe, are voting I don't care.

[burgyeb]

Banrigh, you make very good points. This poll does apply to UK sellers only. It would be very interesting to have a poll that dissects the "I don't care" voters. "I don't care" can mean many things, and would certainly mean something different for the UK seller and USA sellers. I actually voted "I don't care" because it's not applicable to USA sellers. An "I don't care" vote by someone from the UK means something different. I can understand why someone would not vote "no" in that case.

[Pink_Panther]

60% Not caring either way is'nt a thumbs up

BUT!

It could it be two fingers