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Different laws in UK to USA

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phatboy303

Junior Member
hi

i am based in the UK and i have a product that a customer in the USA would like to purchase. The legal status of this product is different in both countries. What i would like to know is, if i am selling and posting it from the UK to the USA which laws actually apply to me?

As far as i can tell i am only bound by the UK laws, the US laws should only come into effect on the product itself after it enters the US upon which it will become the buyers responsibility. Is this correct?

The goods are not actually illegal in the US but it is something of a grey area and i don't really want to put myself at risk by sending it to the US if their laws apply to me.

Im not sure if that made much sense, i hope someone can help me here.
 


Zigner

Senior Member, Non-Attorney
hi

i am based in the UK and i have a product that a customer in the USA would like to purchase. The legal status of this product is different in both countries. What i would like to know is, if i am selling and posting it from the UK to the USA which laws actually apply to me?

As far as i can tell i am only bound by the UK laws, the US laws should only come into effect on the product itself after it enters the US upon which it will become the buyers responsibility. Is this correct?

The goods are not actually illegal in the US but it is something of a grey area and i don't really want to put myself at risk by sending it to the US if their laws apply to me.

Im not sure if that made much sense, i hope someone can help me here.
Just don't send it...problem solved. :D
 

Mass_Shyster

Senior Member
hi

i am based in the UK and i have a product that a customer in the USA would like to purchase. The legal status of this product is different in both countries. What i would like to know is, if i am selling and posting it from the UK to the USA which laws actually apply to me?

As far as i can tell i am only bound by the UK laws, the US laws should only come into effect on the product itself after it enters the US upon which it will become the buyers responsibility. Is this correct?

The goods are not actually illegal in the US but it is something of a grey area and i don't really want to put myself at risk by sending it to the US if their laws apply to me.

Im not sure if that made much sense, i hope someone can help me here.
If you sell a defective product to someone in the US, you can certainly expect to be sued in a US Court.
 

jsmith416

Member
If it's something like absinthe then it can be seized by customs officials with no duty to compensate either the buyer or seller. (this has been somewhat relaxed in recent years). In this case nobody is going to jail but you will have a lot of buyers unhappy that they never received their product.
 

phatboy303

Junior Member
Is this a drug or tobacco type product?
Well, i guess it COULD be classed as that, which is where the grey area comes in. Forgive me if i am reluctant to give away too much information on here, i am not at all familiar with this forum.

If it is deemed to be a "drug or tobacco type product" then there are laws in the US that do not exist in the UK, of course i am not selling it as such and therefore it should be legit, however i am just thinking of the worst case scenario.

My terms and conditions state clearly that i accept no responsibility for any orders being seized by customs, this will be personally confirmed before any orders are made, as are the purposes for which the product is sold.

If, in the event of a seizure and US customs deciding that this product is a "drug or tobacco type product" will i be liable for prosecution under US laws? Surely me being resident in the UK, and selling from the UK would mean that i am only bound by UK law, regardless of where the product is being sent?
 
The first thing I thought when reading the first post was absinthe. Its best to just not bother, if someone wants it that bad they can come visit to have some.
 

jsmith416

Member
My terms and conditions state clearly that i accept no responsibility for any orders being seized by customs
You could repeat this eighty times in your terms and conditions but if buyers don't get the product they paid for they will demand a refund and dispute the charge with their credit card company and cause you so many headaches you wish you never bothered.
 

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