Questions tagged [commerce]

The buying and selling of goods and services

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1answer
64 views

Does a product marked with a certain price have to be sold at that price (Ireland)?

This question is already answered here for the US but I'm wondering about the same case in Ireland. (apologies if this is a duplicate but I wasn't sure what to do in this case) My wife were attempting ...
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1answer
47 views

Is it necessary to explicitly disclaim warranties on "private" sales?

When people in Germany and Austria sell their own second-hand goods (used clothing, toys, bicycles, etc.) via online classified ads or auctions, they almost always include a statement explicitly ...
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1answer
32 views

Canadian (BC) invoicing regulation - can we attempt to collect interest after the overdue payment is made?

My business partner and I started a construction related business last year. We recently (August 2021) received payment for an invoice that was issued June of 2020. At that time we did not have any ...
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4answers
151 views

What stops "free content" creators from suddenly making their content copyrighted, and suing everyone who has used their previously free material? [duplicate]

For example, pexels.com has a lot of stock images, free for any use including commercial sales, without attribution. The content creators, i.e., photographers, know that by uploading their photo to ...
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+100

Are firm's vendors liable in case the firm deliberately and openly shuns GDPR compliance?

This is hypothetical and it's only meant to ask about the extent of the law, not ask for a particular legal advice. Let's say a US merchant's website uses exclusively regional US banks. Because they ...
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2answers
91 views

Can I include public domain pictures in my book, without explicit attribution/consent?

Currently I'm writing a book, in which it would be interesting to include some relevant pictures. The pictures I'm planning to include are in the public domain. Here is an example. That picture, ...
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0answers
35 views

Selling from UK to EU as a private seller on an online marketplace with no IOSS number - what to do?

I would like to ask a question that relates to this existing question: Do new VAT rules apply to gifts from non-EU countries? Suppose I am a private, non-business seller on an online marketplace ...
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1answer
63 views

How far does a Creative Commons Non-Commercial restriction reach?

I found an open-source project that is licensed under CC BY-NC-SA 4.0. (attribution, non-commercial, same license for derivatives) I really like what it does, but I'll have to modify it a bit to fit ...
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0answers
13 views

Is there a rule or law governing the reissue of or maintaining old invoices by a seller in Republic of India?

The product was purchased on 12th October 2019. There is an order id and order summary on the orders page of the consumer. But the consumer is unable to download or view the receipt due to a false ...
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1answer
47 views

I returned an order to a business online that has a "typical" return policy, and they have not issued a refund. How can I take legal action? [closed]

I ordered an item from business online that has a "typical" return policy, i.e., a full refund will be issued in, say, two weeks upon receiving the returned item, assuming that the item has ...
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1answer
26 views

Quotes from Public Speech or book with POD business?

Please note, This question is a bit different than this one: Intellectual Property Issues associated with a Public Speach? I am trying to sell some T-shirts online by adding my artwork. At the same ...
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2answers
158 views

Fireworks just got banned. Are people entitled to return them?

My state just announced that fireworks are banned this year due to high risk of fire. Unfortunately, they announced it too late, and some tents have already opened and some people have already bought ...
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1answer
97 views

Direct sales outside of schools

Is it illegal to do direct sales (as in approach parents of students) outside of school gates and market ones tuition business? I got warned by the members of staff at the school to leave the area or ...
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1answer
52 views

Are there any legal issues for commercial emulator software?

There are many emulators for old computer and game console systems (like C64, ZX Spectrum, Amstrad CPC, NES, Sega, etc). But all I know about are free and open-source software. I was not able to find ...
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1answer
48 views

Are online stores supposed to state the true "order cost"/value of an order on the package/envelope for the customs?

I bought an electronic device for about £200 (GBP) from a UK online store to a nearby country where I live. When the package finally arrived, a few weeks later, it stated "£20" for the value ...
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1answer
2k views

What is the copyright status of a journal article written more than 70 years ago?

I read (mostly on Wikipedia), that copyright to a written work expires 70 years after the author's death, or 95 years after the publication by a corporation. Having said that, the status of journal ...
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1answer
79 views

In the USA, are their laws about what you can claim is "included for free" with some product?

Let's say I go to an art store and they have a easel for $50 and it says "includes free brush". Is there any law about whether it's legal to claim "easel $50 + free brush" vs just &...
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1answer
85 views

Has anyone been imprisoned for noncommercial copyright infringement under US law?

Has anyone who was not making money on copyright infringement been imprisoned for copyright infringement under US law?
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2k views

What are the limits of the Commerce Clause?

In Gonzalez v. Raich, the Supreme Court held that the Controlled Substances Act could apply to home-grown marijuana that started in and never left California because it could still affect the ...
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1answer
57 views

First Sale doctrine on digital goods in a virtual world

For our hypothetical we set the stage using Second Life as an example virtual world. Second Life is hosted in the United States by Linden Labs. SL Terms of Service by Linden Labs. People can upload ...
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1answer
26 views

Geographical Protections

For a small Non-profit business, if you want to include a Geographical Region as part of your business name, then is it a Legally Enforceable requirement that the business has ties to the region (e.g. ...
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38 views

Would I be allowed to use a device hardened using a hardening guideline provided under a cc-nc license to do commercial stuff?

I want to install a new OS on my main computer. After I install it, I want to harden it according to these guidelines: https://learn.cisecurity.org/benchmarks I am not part of any company yet, and the ...
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2answers
79 views

Is it Illegal to sue a company that sells fake products to US customers?

My Girlfriend works for a car parts company where she found out that they sell products bought from China and is actually sold as “made in US” to customers and charged thousands of dollars for them. ...
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1answer
120 views

Is the ORGVSM f*ck tee legal?

The ORGVSM f*ck tee is very explicit, and against many powerful luxury brands. One would think this was commercial disparagement (and perhaps other crimes besides, such as using the brand-name of ...
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1answer
200 views

Is it illegal for a store to advertise a product and then never sell it?

Suppose (Store) is planning to sell (Product) at price $N. (Store) puts up a display inside the store for (Product), say an image and a price tag. (Product) is correctly listed as out of stock and (...
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1answer
92 views

I noticed I'm overcharged for my internet in Australia. Where to complain?

I have subscribed to an internet service in Australia and they overcharged me. They are not following laws. I have found a few resources to prove they are in wrong. https://www.business.gov.au/...
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1answer
73 views

What penalty would Google or Apple face if they didn't remove TikTok from their app store?

Let's say that the situation stands as it is now in the future—TikTok is not bought by a US company and no changes are made to the existing executive orders or other steps taken by the US government. ...
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What US state was this purchase made in?

I wish to file a claim in a class action settlement in the US. However, eligibility is dependent on what state you made a purchase "in" (the purchase being an item from an internet app). If ...
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1answer
98 views

On U.S. Treasury getting a percentage of sale of TikTok to Microsoft

Regarding the potential sale of Chinese company TikTok to Microsoft, Trump "says he told Microsoft’s Nadella that U.S. should get a cut ‘because we’re making it possible for this deal to happen’&...
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Can I use a company's logo on the merch I want to advertise to them? [closed]

I am a merchandise designer. I want to advertise conceptualized apparel/general merch designs to a company by email with the option for them to purchase it. I want to use their current brand ie. logo ...
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1answer
277 views

Are online retailers breaking EU/US law by using user's log-in information to charge different prices without explicitly notifying them?

I am aware that in most places firms are generally allowed to price discriminate, i.e. offer different prices for the same product to different customers based on personal characteristics. For example,...
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Is there a Legal Requirement for Computer Companies to Include an Operating System when Selling a PC?

I asked a company if they could sell me a PC without an installed Operating System, as I plan to install my own. Their response was that "We have to legally include a OS with all of our systems. So ...
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1answer
39 views

Is it legal to use a brands name in products title?

Amazon keeps deactivating listings for this reason. The reason that i am using their name is; I am producing product for (compatible) their products. Titles are like "Bag for XXBRAND XXMODEL". I have ...
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51 views

Legal definition of commerce?

When a law refers to commerce (e.g. interstate/foreign commerce), is this only a reference to economic activity? Or does it refer more generally to forms of communication? Considering 18 U.S. Code § ...
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Can a sale be voided after payment has been tendered?

Found a car at a dealership, negotiated price, paid dealership for car, they accepted and deposited my funds (part cashiers check, part credit card charge). After I had paid in full they said, "We're ...
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2answers
98 views

Are there any restrictions on the taxes or duties a U.S. state can levy?

The U.S. Constitution's "Commerce Clause" (Article I, Section 8) grants the federal government authority to regulate interstate commerce. The same section contains the "Taxing and Spending Clause" ...
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161 views

Is it fraud to intentionally mislead a buyer about the value of an item for sale?

Jimmy intentionally lies to Marco by telling Marco that Jimmy has a Kennedy half-dollar that's worth $800 because Kennedy is facing left not right. The actual value of the half-dollar is only $0.50. ...
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1answer
70 views

Is it legal to perform communication with authorities for money in Germany?

I've gone through some processes of communcation with the register of associations and noted that there's no clarity of the process except for law texts and obscure forum posts. I thought, I'd would ...
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3answers
113 views

False Advertising

I would like to start with saying that I have completely no experience in any kind of law. That said I would like to specify that I am not searching for a legal advice, but instead I am just curious ...
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61 views

Handling a disputed invoice: verbal quotation

If a professional services firm gives a verbal quote (in line with market rates) but then bills for services that, by an order of magnitude, exceed the original quote (and market rates) – what ...
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4answers
18k views

If someone orders a pizza in the US and doesn't pay for it, could they be arrested?

If you were to order a pizza in the US and didn't pay for it afterwards, could you be arrested?
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7answers
27k views

At what point can you walk out of a restaurant if they make you wait to pay the bill?

The other day, I ate at a restaurant; the food was fine, and I got to paying the bill. Their payment system went down. They couldn't accept cards; only cash, and I didn't have the cash on me for the ...
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2answers
370 views

Can I legally guess my customer's new credit card expiry date?

As a merchant, I offer online subscription services to my customers. Often, my customer's credit card will expire, despite having an active subscription service to my product. Is it legal for me to ...
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1answer
293 views

Can an Amazon Seller Make Me Pay for Items I didn't order but they mailed me for free

This is different from other question because I always leave 5-Star reviews I am one of few people who purchases clothing from this buyer (it is ladies ethnic clothes) Return label was included I ...
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1answer
80 views

Import duty tax UK if the parcel goes back without being delivered

I ordered a parcel from US (I live in UK) and so I paid import duty tax before delivery. Now, for weird reason FedEx didn't delivered the parcel to me and send it back to US. Now, technically there ...
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138 views

Am I legally Required to Pay For Order I had done and Have not Picked Up?

I talked directly to an employee at a local manufacturing company, over email, about a custom small project. They wrote up a quote and I agreed to it. However, they never acknowledged my acceptance, ...
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145 views

Is it legal for a private business to require contact information to complete a checkout?

We were in a counter-service restaurant today. When we went to pay, their checkout system required a telephone number and email address. We asked if we could opt-out and just pay, and were told that ...
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1answer
57 views

Can I use the EPL-licensed library (Paho) for a commercial project and NOT disclose the source code of the project? [closed]

Can I use the Eclipse Paho library (licensed under EPL) for a commercial project and NOT disclose the whole source code of that project? I'm not going to make any changes to Paho code, I just want to ...
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2answers
109 views

Covering a logo with your own and using the equipment in advertising

Can I purchase a branded digital screen and cover the manufacturer's logo with my own; and then use the screen for the purposes of advertising my products, creating my own digital look? The company I ...
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1answer
102 views

Selling my own second hand product that I bought off Amazon, using original Amazon images (UK)

I had bought a giant bean bag from Amazon that I would like to sell on Gumtree. Am I allowed to use the original images downloaded from Amazon, for my ad on Gumtree, in the UK? It feels illegal ...