Questions tagged [commerce]

The buying and selling of goods and services

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45 views

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
93 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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24 views

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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16 views

Online sale of disposable vape devices

My friend and I want to start an online subscription service for people who vape, but are unsure of the legal hurdles involved in selling Nicotine online. We are located in the US and would like to ...
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1answer
155 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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30 views

Equipment purchased not shipped after over 3months

I purchased a ready-to-ship used printer in February 2020, the payment was acknowledged but the company has failed to ship. The printer was to be shipped immediately but its been over three months, no ...
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1answer
53 views

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
33 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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44 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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2answers
73 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 ...
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2answers
76 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
138 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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32 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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32 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
64 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
95 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
57 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
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?
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7answers
23k 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
200 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
264 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
56 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
121 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
133 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
50 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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103 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
96 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 ...
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2answers
133 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 ...
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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
62 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 ...
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1answer
67 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
180 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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66 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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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
58 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
63 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
938 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
54 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
111 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
56 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
470 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
121 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 ...
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1answer
172 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
83 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 ...
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2answers
268 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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31 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, ...
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44 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
76 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 ...
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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. ...
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98 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 ...