Questions tagged [commerce]

The buying and selling of goods and services

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1answer
807 views

Can a company charge two different prices for the same product at the same time?

Let’s say the company is called X. I have found out that there are two different links on X’s website which leads to the same product, one that has a price of $1000 and the other $800. The link for ...
2
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1answer
200 views

Could something like CyberBunker be legally ran in the US?

CyberBunker is the name of a company and Soviet-era nuclear bunker that has been converted to a datacenter in Holland. They made some news a few years ago when they were raided by a SWAT team, but the ...
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2answers
763 views

When is making and selling “snake oil” illegal?

There's an interesting story in the news lately about a company selling "Bio-frequency healing" stickers, made from "the same material used in NASA space-suits", that supposedly heal us using some ...
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1answer
85 views

Is it legal to develop a commercial player that a proprietary file format?

I managed to reverse engineer a proprietary file format enough to be able to 'play' it. I am working on a project where I am building an app that reads these such a file and play it. Where do I stand ...
2
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1answer
623 views

Salesperson misquoted price. Do I have to pay back the difference?

Background I purchased something from a local store. The salesperson made a mistake and quoted me a lower price than what should have been. I made a down payment since they didn't have what I want at ...
4
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2answers
96 views

Can I require someone to donate money to a charity I'm not associated with prior to donating an embryo to them in the USA?

I have a left over embryo from IVF which I plan to donate to someone else so they can have a child. However, I want to do the most good with this embryo as possible, and so it occurred to me that in ...
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1answer
170 views

Does entering a photo in a competition qualify as commercial usage?

I would like to know if I need to have the rights for commercial usage for a photo that I want to enter in a photo competition. Consider this scenario: I take a photo of someone (e.g. a model) and ...
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1answer
119 views

Am I allowed to take money for cigarettes?

If someone comes over to me asking to spare a cigarette and offers to pay for it, am I allowed to take the money? Is it considered selling tobacco without having the proper license?
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1answer
113 views

Is it legal to sell copies from unbranded products?

If I buy a item on Ebay from China, which says nothing about ownership, brand, legal rights or copyrights, could I legally make copies of that product and sell them commercially?
4
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2answers
203 views

Taking advantage of seller pricing errors

I saw a website which was selling things, but a few of the items were $0.00. If I was to buy the item, I'd only have to pay shipping for it. I'm no expert but I've been around the block and the ...
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3answers
978 views

How does personal drug possession affect interstate commerce?

According to the Controlled Substance Act: § 801. Congressional findings and declarations: controlled substances.... ...(3) A major portion of the traffic in controlled substances flows ...
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2answers
610 views

Why can ONLY federal authorities regulate interstate commerce?

The Constitution of the United States gives Congress the power to regulate interstate commerce. It seems the federal courts have held that only Congress, and not state legislatures, can regulate ...
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2answers
161 views

Do Google/Apple have total control over apps on their store?

Can App stores remove specific apps at their discretion? Or do they have to set forth rules about what is allowed and then follow those rules? One thing tells me that it is their store, so they can ...
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1answer
64 views

Laser Laws (Washington State/U.S.)

I'm interested in purchasing a laser source for some product development as a side project, however I understand lasers are a touchy subject. So, what are some proper avenues to pursue when ...
5
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1answer
259 views

Is having a wallpaper on an office computer personal or commercial use?

If one downloads a wallpaper on an office computer for the sole purpose of putting it on one's own desktop and watching it all day (as long as there aren't any windows blocking the view at least...), ...
4
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1answer
165 views

If a mailman steals a package, who takes the loss?

If I buy something, say from Amazon, and the mailman steals it, then is it my loss or Amazon's? In other words, for first class or priority mail, when does the mail piece pass from possession of the ...
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1answer
166 views

Amazon have charged me for Prime membership without my knowledge

I recently discovered that Amazon have charged me for Prime Membership around 10 months ago. Unfortunately I have ordered a number of things from their website which were shipped using prime shipping, ...
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1answer
248 views

Can a vendor cancel an order due to a pricing error?

I purchased some goods from a supplier which has now cancelled my order giving the reason as being a pricing error. However I had paid for the item and in their online portal it stated that my order ...
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1answer
45 views

Is a supplier liable for missing delivery?

I ordered a product online and have been promised the following from the supplier: "...your order will be shipped out in approximately two weeks..." It is now past due. As a result of the delay, I ...
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1answer
71 views

Expired vs. All Sales Final

Supposing a man buys a box of food at a clearance event where signs are posted that say "All Sales Final." When he gets home, he discovers that it is a week past its expiration date. Is he just out of ...
4
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1answer
485 views

Why are residents of particular states barred from being Amazon affiliates?

Amazon's affiliate operating agreement contains the following clause: In addition, if at any time following your enrollment in the Program you become a resident of Arkansas, Louisiana, Maine, ...
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2answers
101 views

Does charging people to drive them around the city make you a taxi service in the UK?

Consider the following scenario in the UK? I'll pick up 1-3 people unknown to me beforehand with my privately owned and privately insured vehicle I'll drive them around the city for an agreed amount ...
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1answer
105 views

Is selling profits (a la Enron) legal?

Reading through a summary of the Enron Scandal, one of the mentioned "ventures" that Enron took, was a joint venture with Blockbuster to provide online movie rentals. In secret however, Enron had set ...
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2answers
19k views

“Not for individual resale” - really?

In at least the US and UK lots of items that are sold in multipacks come with a notice on them that often reads: Not for individual resale That always strikes me as slightly odd - it looks like it'...
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2answers
103 views

What's a valid false advertising case and how does it get pursued?

There's a company who helps people rent apartments. You go to their site, search, a map appears with markers at specific locations. You see a location you like. Maybe it's on a beach. Maybe it's on a ...
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1answer
583 views

Do I have to pay for a drink if a vendor cannot accept payment?

Recently I was served a drink at the pub where I intended to pay by debit card and had no alternative payment method available (e.g. cash). The card reader was faulty and I consumed my drink whilst ...
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1answer
29 views

Iran “sanctions”?

In the news I keep hearing about "sanctions" on Iran. For example, one article published today, said that "sanctions were lifted", but that "some sanctions still remain". Such news stories are ...
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2answers
3k views

Can a restaurant or retailer be held to “posted” prices?

I walked into a fast food restaurant in New York City where a large poster in the front of the store advertised a new dinner special for $6.99. That was quite a bargain so I went to the counter and ...
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1answer
39 views

Is it a website's discretion to cancel and refund an order after it was shipped?

If a customer places an order on a website, later decides to cancel the order, but the website ships the order, is it the website's discretion whether or not to refund the customer?
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2answers
744 views

How to create a state?

Please elaborate on the steps needed to create a new state in international waters whose existence could not be denied by, say, the U.S.A., Japan and France. that would permit commerce with minimal ...
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1answer
90 views

Is it illegal for a competitor to place fraudulent orders on an e-commerce site?

Can a competitor place fraudulent orders on an e-commerce site in attempt to cause damages to the business?
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1answer
491 views

Reselling of grocery store ice cream

Can I buy grocery store bought ice cream and sale it as individual servings (example, in a cone) at my retail store?
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1answer
145 views

What counts as “Reisebedarf” at German gas stations?

According to the Ladenschlussgesetz, gas stations in Germany are allowed to be opened during the night and Sundays, but are only allowed to sell gas, car things (like oil) that are needed for people ...
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1answer
41 views

Buying for someone else with reimbursement (UK): is it a sale?

Suppose I buy a Steam game as a gift for someone, as a favor, under the condition I will be reimbursed as soon as possible, and that the sum I'm going to receive only covers my expense. Under UK law, ...
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1answer
83 views

Profit from selling a game app through app stores

I want to upload an app to various app stores, and profit from it. Do I have to be registered as a "moral person" or can I get profit of it as a "natural person"? Also I want to know if I have to ...
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0answers
37 views

Is flying an RC aircraft and selling the results of that flight “commercial” flight?

On the Aviation.SE someone asked about the legality of flying RC aircraft. The answers say that commercial flights are verboten But what, precisely, makes it a commercial flight? This infographic ...
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2answers
49 views

Limit the usage of my software product

Given I am selling my video software online is it legal not to sell it to certain customers who are supposed to use it for processing "adult" content? If they check a tickbox before purchase where ...
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1answer
794 views

What is the legal status of companies collecting “pre-order” sales?

I thought that most states made it illegal to sell products that do not exist. Nevertheless, there seem to a lot of "crowd-funded" companies who sell their products as "pre-orders" meaning they are ...
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1answer
80 views

Company advertising something $100 cheaper than it is

A company is advertising a product on Google for $44. However, after going to their website, I found that the product is $130. After contacting them, they said in the TOS they state this: Product ...
4
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2answers
369 views

Costa charging different prices for same item

Last week I stopped at services and ordered in Costa two coffees. One Caramel Cappuccino (£3.89) and one Speciality Vanilla (£3.99). When I got to pay and bill was £8.18 I figured something must have ...
2
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2answers
156 views

Is debt a publicly tradeable commodity?

Suppose I have debt – student loans or something. So the bank and I have a contract that says I owe them $500. From what I understand, the bank can sell the contracted debt to some other ...
2
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0answers
36 views

Is it legal to distribute e-books in a company (NL)?

If a company owns copies of several e-books that have commercial licenses, can it distribute these e-books to employees? For instance with software like Koha. If not, is there a common other way to ...
5
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1answer
250 views

When do I need a licence to play music in a public place and how do I get it?

I would like to know if restaurants, lounges, clubs and places like that need a licence to play music. I'm a developer and I would like to develop a solution that would allow them to play music in a ...
4
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2answers
294 views

Is it legal to search for commerce sites listing items at erroneously low prices and exploiting such errors?

Occasionally a website will post incorrect prices for items they are selling. (Maybe it was caused by a typo during their data entry process, or the result of a bug in their code.) Once they realize ...
2
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1answer
209 views

UK second hand car - should catalytic converter be covered under Sale of Goods Act?

I recently bought a second hand car from a fairly small dealership. Within 60 miles of driving the engine management light came on. I took it back and they diagnosed the problem as being the catalytic ...
5
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1answer
601 views

Are there any laws the require subscription services to be prorated?

I'm reading the terms of use for Gogo Inflight, and in the part about refunds it says they aren't going to prorate your service if you cancel, then it says, "subject to applicable laws." Are there ...
5
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1answer
271 views

Do claimless advertisements need to have disclaimers?

My question concerns the requirement for advertisements to carry a disclaimer stating that they are advertisements, specifically in the United States. According to the FTC (though not in these words), ...
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1answer
415 views

Should a foreigner have a US-based company to sell through Amazon cloud-based warehouses?

Let's borrow and expand on Can a foreigner setup an unstaffed company in United States?. Everyone knows that you can rent computing resources from Amazon.com in the cloud, but not many know that they ...

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