Distance Selling - Online trading

by **Deactivated Member** » Sat Jan 27, 2007 6:22 pm

I see more and more online sellers in Germany refusing to ship abroad. Likewise, more UK online shops are doing the same.
This made me wonder "Why?".

I know that a few distillery shops started to refuse orders from anywhere outside the UK just after the "Distance Selling" Eu law came into force in the late 1990's. Mainly, this law states that customers have the right to return items if not satisfied.
However, the very recent increase in refusals to sell abroad made we wonder further.

After doing a little research today, I found this:
http://business.timesonline.co.uk/article/0,,13130-2545899,00.html

basically, for all those of us who thought that the EU would enable an open market ..... not any more!

This article is saying that anyone selling anything to another EU country, MUST ensure that they comply with all laws within the customer's country.

I quote:

"Alisdair Gray, the consortium’s Brussels director, explained that the article’s wording meant that businesses engaging in cross-border trade would have to undertake a “financially onerous study” of the legal requirements in other EU member states.

“The sheer cost and uncertainty inherent in such a scenario is so high, that it is simply not credible to assume that companies, and small ones in particular, could engage in such trade,” he said.

For example, companies trading abroad would have to go through cumbersome background checks to determine whether they have to register officially in all the countries they sell to. This creates a “lawyer’s feast”, where foreign courts could take action against a company for not complying with every aspect of local laws.

So, it is easier to sell to countries outside the EU than within the EU!!!

by **vitara7** » Sat Jan 27, 2007 7:27 pm

thats explains why one web site from germany wouldn sell me stuff.
was about to oder about £450 worth of whisky and they said no, but they said they would send to another seller who i use and let them send me it, which i thought was pointless so bought elsewhere instead.
thanks for that M_T, expalins a lot

by **r900p** » Sat Jan 27, 2007 8:08 pm

MT

Hope you don't go down that route, otherwise i may not be able to get the Swilcan Gall and Gall.

Rob

by **dram_time** » Sat Jan 27, 2007 8:57 pm

So much for the freedom of trade and movement. It seems all th e member countries want what is best for them and the spirit of ‘togetherness’ has disappeared.

I don’t want to get political here.

But it does make you wonder why we all bother [in Europe] if we can’t even have free trade.

Dt.

by **vitara7** » Sat Jan 27, 2007 9:12 pm

as someone said, its easier to buy from outwith the eu now...

by **Deactivated Member** » Sat Jan 27, 2007 9:22 pm

This is only a proposal so far and also one which I need to look at quite seriously. But, at this moment in time I personally have absolutely no problems continuing to sell to anyone who wishes to buy from me.

I can understand that buyers need protection and confidence that they will have some come-back if things go wrong. I also work by the rule that if someone buys from me and has a problem, they should tell me firstly and give me the chance to sort it, which I will do!

R990p, I now know who you are and I assure you that I am working very hard to find your requirements!

MT

by **Deactivated Member** » Sat Jan 27, 2007 9:24 pm

SOrry, I meant to add:

This is an issue that I will be following closely over the next weeks and asking my legal / tax consultants to clarify.

MT

by **r900p** » Sat Jan 27, 2007 10:29 pm

MT

Well you never know, it may mean Munich here i come. But for one bottle! Ah well i'm sure you could pass on a few more interesting bottles that would make the journey even more worth while. Could also join your club, and time the trip with a tasting! If only one had enough time.

Would you know if this new legislation would affect ebay items located in germany being posted to the UK?

Rob

by **Deactivated Member** » Sat Jan 27, 2007 10:49 pm

Hi Rob,
firstly let me say that you would be made most welcome here, anytime.
I have already offered my spare room to a couple of other members, but like the accommodation at the SMWS "Vaults", if there's room, then you may book it.

My club is very new, but is already getting well known and well-received. The more members, the merrier.

I will always find something interesting for you to take back with you, it's just a matter of luggage room and weight.
:wink:

As for the Ebay question:
Ebay, as with other online sites, is a venue. The responsibility does not lie with Ebay, but with the sellers to comply with laws and regulations.
But again, this is something I am keeping a close eye upon and will report back when I learn anything new.

MT