| Discussion Forum: Thread 215939 |
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| | | Author: | bb414973  | | Posted: | Jan 28, 2017 09:17 | | Subject: | Require sellers to disclose if business | | Viewed: | 200 times | | Topic: | Suggestions | | Status: | Open | | Vote: | [Yes|No] | |
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| This is likely a controversial suggestion but I'm going to make it anyway.
I think Bricklink should require all sellers to disclose whether they are selling
in a private or business capacity. That's it, a simple choice in the store
settings page and a line of text disclosing the choice somewhere on each store's
Terms page.
Why? Three reasons.
One:-
It allows other Bricklink users - however they be defined (customers, buyers,
consumers, competitors, etc.) - to make informed choices.
Two:-
It helps ensure compliance with Rule 13 of the Terms of Service.
Three:-
Why not?
At present BL actively protects the contact details of all members, disclosing
this information only when a contract exists between two users. This is perfectly
reasonable when you consider that a seller is often acting in a personal capacity,
selling their own goods.
However, an unintended side-effect of this is that it allows business sellers
to (1) masquerade as private sellers and/or (2) evade relevant national laws
(which in turn means they're failing to abide by BL's ToS).
As an example, in the United Kingdom, all businesses who sell 'at distance'
are required to publish their geographical address and contact details. This
is a requirement under The Consumer Contracts (Information, Cancellation and
Additional Charges) Regulations 2013.
If BL required a seller to disclose whether they're selling as a private
individual or a business concern, and then publishes that information, it would
help buyers in the following ways:-
(1) it would be possible to see at a glance whether or not a transaction with
that seller would be covered by applicable consumer laws.
(2) It would allow users to check that a seller is complying with their legal
obligations (such as by publishing their business address), and avoid those who
are not if they choose to.
(3) It would help buyers seek legal redress should something go wrong.
(4) It may also help in the fight against fraudulent sellers.
What do other multi-national selling platforms do?
Others, such as Ebay, Amazon Marketplace, Etsy, etc., require sellers to state
whether or not they are selling in a private or business capacity. Some actually
mandate that all sellers must be a business (I do not propose this for BL).
Law is different in every country
Which is why my suggestion seeks only to have sellers disclose whether or not
they're acting in a personal capacity or as a business. I do not ask BL to
check the disclosure or otherwise ensure that sellers are acting in accordance
with relevant laws. Users would remain responsible for knowing their rights and
obligations.
Why is this necessary?
Some sellers are clearly not complying with their national regulations. In my
opinion this tarnishes Bricklink and all sellers by association. Many will not
see Bricklink as a safe option when compared to other platforms if sellers are
openly attempting to enforce illegal terms.
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Belgium, Flemish Brabant
