Questions tagged [commerce]

The buying and selling of goods and services

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2answers
68 views

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 ...
2
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2answers
42 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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2answers
128 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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0answers
25 views

Trying to understand the ToS of YouTube when embedding videos in other monetized websites

I'm working on an idea pretty similar to the infinitelooper.com website but am having trouble fully understanding the terms of service of YouTube. Inifinitelooper was created way back in 2010 when ...
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0answers
28 views

Are Instagram effects protected by copyright?

Are Instagram image effects protected by copyright? Is it allowed to use the image effects for commercial use? Is it allowed to rebuild the effect formulas / curves / matrices, e.g. using SVG filter? ...
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1answer
52 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
91 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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2answers
56 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 ...
28
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4answers
17k 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?
66
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7answers
22k 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
163 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
257 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
49 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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2answers
115 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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2answers
131 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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0answers
10 views

Advertising Brand-name Products

What are the legal issues regarding online retailing of a branded product that was purchased from a manufacturer. Can this be legally done? If there are any specifics that would allow or not allow ...
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1answer
48 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
99 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 ...
1
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1answer
93 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 ...
2
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2answers
103 views

GPL Licensed code as separate process

We are going to use a GPL licensed application as separate process inside a docker. So here's how it works: Main app ships to client, it doesn't have any GPL code. Does have lots of things and ...
12
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3answers
5k views

Would it be legal for a US State to ban exports of a natural resource?

I am interested in whether a US state constitution could be legally amended to ban exports of specific natural resources (such as coal, lithium or copper) outside it's own state borders. If such a ...
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2answers
60 views

McDaniel Millitia Act

Okay, this is (I hope) proposed tongue-in-cheek, but having lived in Missouri most of my life I suspect it is seriously proposed. Introduced by Representative McDaniel HB1108 would have every MO ...
2
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1answer
63 views

Proving the contents of an item delivered via post

I have recently sold an item online of a moderate value (~$5k USD) that now must be delivered to the buyer. Short of personally delivering the item or using a neutral third party, I must rely on a ...
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1answer
136 views

Can I privately sell a patented plant?

We have around 15 plants on our balcony which are patented but planning to move overseas. So I was thinking to sell them on gum tree or eBay. Is that allowed? I did not breed them, just had the ...
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0answers
64 views

Are there any examples of selling unsealed videogame as “new” being illegal?

Contest: over the years, a mayor videogame reseller company that operates in many countries worldwide has made a practice to unwrap the games it sells, putting only an empty box on display. When you ...
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0answers
26 views

What responsibility do I have when exporting knives to other country?

Suppose I'm an online shop owner who sells knives, but I don't have the means to learn the law of other countries. Now suppose someone buys a knife from me, but the type of knife is illegal to own ...
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1answer
52 views

For products shipped across state lines, who gets the taxes?

Let's say a company registered in Delaware manufactures its products in Texas and sells them around the country online, and in person in New York. What taxes, and from which state(s), apply when ...
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1answer
58 views

Can I use this code in my own commercial projects?

I am reading a programming book that was written by an author that is not around anymore and published by a company that also does not exist anymore. This is the book. When I load in the CD-ROM, I ...
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4answers
637 views

Right to travel(transportation code definitions) [duplicate]

I believe we can all agree that there is no reasonable argument that anyone has the right to drive without a drivers license. The states have been granted in several court cases even up to the supreme ...
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1answer
53 views

Questions regarding laws on technology designed to avoid prosecution?

From my understanding it is illegal to operate a car with a radar detector installed in all states of Australia, but. Is it illegal to posses one if it's not being used? Would there be anything in ...
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1answer
110 views

If a broker (AKA man-in-the-middle-scammer) cheats a buyer, can the seller be held responsible?

For example, the deal is that BrokerSneaky mails a payment to Seller. Seller has placed something in escrow as required by BrokerSneaky. BrokerSneaky DOES NOT mail anything, but instead gets ...
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1answer
55 views

Copying programming problems (with proper citation) in order to write explanations on how to solve them in a blog/website.

I will be doing two things: Make a blog/website and copy and paste algorithmic questions and other programming problems word by word (could be from books or other websites) and properly cite them. ...
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1answer
402 views

Editing and selling 3D models licensed under CC BY-NC and CC BY-NC-ND

I love 3D printing and I am thinking of selling some of my prints but most of my print models are downloaded from a website. 3D models came with Attribution-NonCommercial 3.0 Unported (CC BY-NC 3.0) ...
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1answer
112 views

legal recourse against a company with no contact information

I have an online account with a company that provides no contact information. The company is charging me for services I don't want and is providing no way for me to cancel the services or get in touch ...
2
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1answer
155 views

What happened to the anti-tipping laws?

There used to be many states, like Tennessee and Mississippi, that had anti-tipping laws. These laws made it illegal for restaurants, hotels and railways to allow their employees to accept tips and ...
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2answers
80 views

Using translated company type on website

Is it legal to display the translated the company type on a website in English if the site itself is English? Also, on a bill? My specific problem is that in my country (Hungary), the short name for ...
4
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2answers
258 views

Can a company legally disable a product on the basis it was acquired fraudulently?

I recently bought a product on eBay, that turned out to have been directly bought from the manufacturer with stolen credit card info. A couple months after the purchase, the hardware, which "calls ...
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0answers
30 views

Ecommerce website not registred as a company

I have a friend living in Germany, and he is going to launch a new ecommerce website (selling different staff). I am not a lawyer, I am also living in Germany and I know just a little about laws here, ...
3
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0answers
26 views

“Commercial use” clarification

This is something I've run into several times now. A lot of biological samples are shared for research with a caveat in the MTA that they are "not for commercial use". What exactly does this cover? ...
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2answers
75 views

Is it legal for a vending machine (company) to offer additional purchase options after currency has been inserted?

Would it be legal to have a vending machine which could, let’s say through a touchscreen, offer different purchase options. For example a $1 soda machine. You put in the dollar and push the cola ...
1
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1answer
91 views

Our company shipped product to an address that the recipient just moved from

The recipient moved and didn't notify us. He moved 1 mile away. Our tracking number showed delivery to his former address. The person said he went back and the new tenants said they didn't have it. ...
3
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0answers
86 views

Is it legal for a retailer to modify a product to remove best before dates and batch numbers?

We manufacture and supply to retailers in the US, via a distributor, a trademarked liquid animal feed product. Recently we have discovered that one of the retailers has been wiping off the best before ...
5
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1answer
254 views

What does “potential for abuse” mean in the Controlled Substance Act?

According to the DEA’s Denial of Petition To Initiate Proceedings To Reschedule Marijuana from 2011, one reason for the cannabis plant’s Schedule I status is because it has “no currently accepted ...
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1answer
39 views

Can a digital marketplace restrict access to download content you purchased?

Let's say a company created the video game console X and sells games on that platform through a digital marketplace. You spent $200 on 10 games for this platform. Then a few years down the line, the ...
5
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1answer
287 views

Is it legal to make two competing brands of the same product without making the public aware of the common source?

Suppose I create rocket boots and brand them as "Super Jumpers". After a couple months of selling them, I stealthily create a new brand of rocket boots called "Mega Fliers". I do not publicly reveal ...
1
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1answer
78 views

Must stores legally have lighting available and switched on?

I walked into a liquor store at 8:50PM. They turned the lights off at 8:55PM. I repeatedly asked to have the lights turned on, and stated that it is a risk to have no lights in the store, but ...
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1answer
106 views

Is a “Cash Price” sign legal in the UK (and Republic of Ireland)

Long story short we have a load of "Cash Price" sale tickets in stock (small tickets with "Cash Price" written on top, and then you can write the price underneath), but we have been told in passing it'...
1
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1answer
161 views

Can one sell allowed product and “give” unallowed product for free?

According to this: A student was selling paninis to other students. When campus police made him stop because it's against school rules to sell food outside of approved bake sales, he began selling ...
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1answer
115 views

Can I lable a product, “product of” the country where it was bottled

Can I lable a product, "product of" the country where it was bottled? For example if I buy barrels of oil from Spain, and bottle them in Italy , can I lable it "product of Italy"?
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1answer
56 views

Is there recourse for damages due to merchant reselling item after taking payment but before delivery?

We purchased a door at Home Depot. It was a display model, and therefore sold at a significantly reduced price. We also purchased installation service, and therefore left the door at the store so ...