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Any news on v4.2 ?


Pete_RH

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http://www.vatease.co.uk/news/vat-newsletter-july-2004.htm

 

is just one example, for sure some companies (computer retailers being a good example) don't want to pay the percentage but supermarkets want to minimize their VAT.

 

this has NOTHING to do with VAT.

 

you take an item/service of £1000 GBP and your CC copy charge your 2.2% (£22GBP)

 

no matter if you are a small one man retailer or a large international company you are not going to pay your CC company £22 GBP without passing this onto your customer . their is no law preventing you from passing this onto your customer as long as it is stated, this is why stores add this notice.

 

Nothing to do with VAT

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So you think Tesco are paying 2.2%? Honestly, for SOME retailers, it is to do with VAT.

 

2.2% is an example but is usually what most small retailers pay, the point is that if CC companies wont let you do it then large companies would not do this.

 

yes CC companies may say you cant do it as per their terms, but LEGALLY they cant stop you, this is why CC have not prosecuted any retailer for doing this as it cannot be enforced under UK law.

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In Certain Countries, UK and AU for example it is in fact acceptable for retailers to pass the CC surcharge on to their customers, However this is not allowed in the US and can get your Merchant account closed

 

Yes I am aware of this, but BLOORY keeps on about it is to do with VAT, which VAT does not come into this.

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Travel agents there's another one they always charge for using a CC and sometime a ridiculous surcharge, and thos not so great value low cost airline they are another culprate.

 

I do remember Paypal getting the knickers in a twist over this not so long ago with Ebay transactions, seller were adding processing charges on top it was stamped out very quickly, in fact ehy actually closed persistant offenders accounts.

 

Easyhosting is right it definately happens in the UK and as I said earlier most of the supermarket have a notice somewhere in store that explains it and tells you the %age that is already built in ;)

 

Chris

 

PS

 

For the record I have never done this with any online activity rightly or wrongly I see any processing charges as an expense that are factored into prices already similar to tesco morrisons asda...............................................

 

I think potential customers and me as a potential customer frown on such practices of adding things on top wethere you are upfront or not just my humble opinion ;)

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Travel agents there's another one they always charge for using a CC and sometime a ridiculous surcharge, and thos not so great value low cost airline they are another culprate.

 

I do remember Paypal getting the knickers in a twist over this not so long ago with Ebay transactions, seller were adding processing charges on top it was stamped out very quickly, in fact ehy actually closed persistant offenders accounts.

 

Easyhosting is right it definately happens in the UK and as I said earlier most of the supermarket have a notice somewhere in store that explains it and tells you the %age that is already built in ;)

 

Chris

 

PS

 

For the record I have never done this with any online activity rightly or wrongly I see any processing charges as an expense that are factored into prices already similar to tesco morrisons asda...............................................

 

I think potential customers and me as a potential customer frown on such practices of adding things on top wethere you are upfront or not just my humble opinion ;)

 

Yes paypal will do this, because paypal believe that when they right their policies, then that is the law, but as in the UK you are allowed to do this then the UK law overrides wbays policies like any law/act over rides anyones written policy, but for some unknow reason both Paypal and Ebay think that they are above the law.

 

Many small UK retailers charge a surcharge if you use a CC or Debit card. some online retailers will charge a surcharge for CC and Debit card transactions.

 

On my online retails sites i do not doe this, but i have a low order fee for orders under £5GBP, this way the general retails price can by lower as you are not including these fees, as if your thing say sell at £1.00 with a 10% fee that means you get 90p and the CC processor gets 10p, so you say right i will add this into the price so you charge £1.10, so now the processor gets 11p rather than 10p

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Yes paypal will do this, because paypal believe that when they right their policies, then that is the law, but as in the UK you are allowed to do this then the UK law overrides wbays policies like any law/act over rides anyones written policy, but for some unknow reason both Paypal and Ebay think that they are above the law.

 

When they write their policies and you enter into a contract with them whereby you agree to them, they can enforce their policies by ending the contract. That is perfectly lawful.

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On my online retails sites i do not doe this, but i have a low order fee for orders under £5GBP, this way the general retails price can by lower as you are not including these fees, as if your thing say sell at £1.00 with a 10% fee that means you get 90p and the CC processor gets 10p, so you say right i will add this into the price so you charge £1.10, so now the processor gets 11p rather than 10p

 

I see what you mean I had not thought about it that way, mmmmmmmmm I still think as a customer paying the price you see on screen is a big plus point though rather than getting to checkout and having even a small percentage added on, I am not saying everyone thinks the same as me god I hope not lol its just my opinion thats all.

 

So far as ebay and paypal you are again 100% right they defiantely do think they own the law let alone above it ;)

 

Chris

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When they write their policies and you enter into a contract with them whereby you agree to them, they can enforce their policies by ending the contract. That is perfectly lawful.

 

 

WRONG

 

Anyone can write a policy like you and your hosting TOS.

 

you can place in your TOS " no refunds under and circumstances", but under the distance selling regulations if someone purchases goods or a service without a face to face meeting then they legally have a 7 day cooling off period where they can cancel for a full refund of all monies paid including domain registrations etc.

 

So whatever you write in your TOS or policies means nothing and cannot be enforced if their is a law that over rides them.

 

One way around this if you are in the UK is do what i did, write your TOS etc. and then contact Trading Standards who will have a look over them and instuct you where too make changes etc., this way you know your TOS cover what the law interprets.

 

ask yourself why Paypal LOST their FSA registration

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WRONG

 

Anyone can write a policy like you and your hosting TOS.

 

you can place in your TOS " no refunds under and circumstances", but under the distance selling regulations if someone purchases goods or a service without a face to face meeting then they legally have a 7 day cooling off period where they can cancel for a full refund of all monies paid including domain registrations etc.

 

So whatever you write in your TOS or policies means nothing and cannot be enforced if their is a law that over rides them.

 

One way around this if you are in the UK is do what i did, write your TOS etc. and then contact Trading Standards who will have a look over them and instuct you where too make changes etc., this way you know your TOS cover what the law interprets.

 

ask yourself why Paypal LOST their FSA registration

 

Or use a legal firm used to dealing with this area of contract law. Trading Standards is a good alternative but covers consumer law principally, the law assumes business to business transactions take place with both sides having or getting good advice.

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Or use a legal firm used to dealing with this area of contract law. Trading Standards is a good alternative but covers consumer law principally, the law assumes business to business transactions take place with both sides having or getting good advice.

 

 

Either will do but Trading Standards do this FREE.

 

Yes Trading Standards deal with Consumer Law whille the office of fair trade deal with B2B law.

 

b2b law is more complicated, but what if joe bloggs orders a std hosting plan just to display his family holiday snaps to show his well placed family around the world or just a personal website, this is not a b2b dealing it is a consumer dealing, so therefore your TOS must primarily cover consumer law.

 

You already have a TOS, all TS are doing is looking over this and making amendments to cover current legislation both consumer and b2b.

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you can place in your TOS " no refunds under and circumstances", but under the distance selling regulations if someone purchases goods or a service without a face to face meeting then they legally have a 7 day cooling off period where they can cancel for a full refund of all monies paid including domain registrations etc.

 

Im very familiar with the 72 Hr Notice of Cancellation,

this rule applies to sales within the Home ( IE Vaccume sales people )

this rule was enacted so that pushy sales people couldnt badger someone into a sale in their own home and the buyer have no recourse....

 

This particular law ( in the us at least ) has NO bearing on internet sales since this is NOT a face to face sale in the end users home

 

( I used to be one of those Kirby sales people )

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Im very familiar with the 72 Hr Notice of Cancellation,

this rule applies to sales within the Home ( IE Vaccume sales people )

this rule was enacted so that pushy sales people couldnt badger someone into a sale in their own home and the buyer have no recourse....

 

This particular law ( in the us at least ) has NO bearing on internet sales since this is NOT a face to face sale in the end users home

 

( I used to be one of those Kirby sales people )

 

 

from http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/

 

Distance Selling Regulations

 

If you sell goods or services to consumers by:

 

* the internet

* digital television

* mail order, including catalogue shopping

* phone

* fax

 

then you need to know about the Consumer Protection (Distance Selling) Regulations 2000.

 

The key features of the regulations are:

 

* you must give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the supplier's details and the consumer's cancellation right before they buy (known as prior information)

* you must also provide this information in writing

* the consumer has a cooling-off period of seven working days.

 

Download our business guide Home shopping: Distance Selling Regulations (pdf 127 kb).

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