Hallmarking Dealers' Notice

Steve, again, I guess... do you ever get any real work done or do you spend all your time answering questions on here? I have searched past posts but not found anything specifically in answer to this one. Regarding the requirement under the Hallmarking Act to display the Dealers' Notice, what would be the best way to comply in the case of selling on a site such as Etsy? I don't think you can upload a pdf alongside photos, though you could convert it into a jpg for example - how then would you make sure it's an acceptable size/resolution? Or perhaps it would be OK to include in the description of each item (or in your shop "policies" section) a link to the pdf download on the Assay Office website, like so: http://www.thegoldsmiths.co.uk/media...otice_2015.pdf ...though I'm not even sure you can make it appear as a live link, so the customer would probably have to copy and paste it into a new browser window.
Alan

Hi Alan,

Answering questions is part of my job!! hahaha.

Regarding the dealers notice...displaying online is a bit of a grey area as the Hallmarking act was compiled before the advent of online shopping! (I hope they update it again soon!!) However I would strongly recommend that you take our free download of the notice and have it displayed on your website. Then you know you are covered! The size and resolution requirements are for printing it out and displaying it at the point of sale, but of course there are no guidelines for online display. I would think that you should use a bit of common sense and don't have it so small that you can't read it, or that your customer needs to enlarge it to see it! Don't just use a link either, as then you would not be displaying it.

That's easy enough on a personal website, but I don't have one - for online selling I only use sites such as Etsy.

I've just found how to turn it into a jpg - I've done it slightly bigger than A4 when viewed full size... though I think it might be automatically shrunk here on the forum...? I could put it in alongside photos in each listing - what do you reckon?
Attachment 8179

Yes I can see that's a bit more difficult. I suppose in an ideal world the site should have one dealers notice to cover everyone selling on it, just the same as a department store could have one notice for a number of boutiques. It's meant to be displayed at the "point of sale" which would be the website...but again online trading is not covered well with the act. The trouble is that the Hallmarking Act only covers sales and transactions in the UK.
I think some of the issue is that if, for example, you are in USA and purchase something on line from a UK shop, where exactly is "the point of sale"? In the USA purchaser's house where he clicked "buy", or where the goods are located and the sale is conducted?
There are many on this forum i think who deal through Etsy..it would be interesting to see what they do?

Steve, the issue you have highlighted there is known as 'conflict of laws' or jurisdiction...ie which legal system takes a case if there is a dispute. The easiest thing is to state on a website that sales are subject to the law of England and Wales then that clause goes into any contract, even if the sale is in American or Argentina. It also means that all sales are governed by the EU online selling rules. So if you did put that clause into your website you would have to display since that is part of English law
Clicking a buy button means that you have accepted an offer from a vendor, not necessarily that the sale is in the USA or whereever, even if the person doing the buying is in the USA. If they click and buy they are accepting your terms unless they specifically negotiate something different.
End of contract law lecture. End of jurisdiction lecture
(for now)

As an additional bit on jurisdiction - my insurance specifically prohibits selling to the US or Canada. I'm assuming that they're trying to avoid the costs involved in any US-based litigation.

yes, but not necessary if you state that english law applies, then it all happens in english court even i bod is in usa. That's what jurisdiction is all about.

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Originally Posted by pearlescence

Steve, the issue you have highlighted there is known as 'conflict of laws' or jurisdiction...ie which legal system takes a case if there is a dispute. The easiest thing is to state on a website that sales are subject to the law of England and Wales then that clause goes into any contract, even if the sale is in American or Argentina. It also means that all sales are governed by the EU online selling rules. So if you did put that clause into your website you would have to display since that is part of English law
Clicking a buy button means that you have accepted an offer from a vendor, not necessarily that the sale is in the USA or whereever, even if the person doing the buying is in the USA. If they click and buy they are accepting your terms unless they specifically negotiate something different.
End of contract law lecture. End of jurisdiction lecture
(for now)

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Thank you pearlescence........and there, ajda, is your reply I think!!