Folksy Ltd

Selling to the US - help


(Liz Clark) #1

I’ve just updated my insurance with Ian Wallace and asked about selling to the US; they said they added it to my policy with no extra charge which is great. :smile:

However on another FB forum I was told that I needed to be aware of US laws and policies if selling to them and that each state is different. There was discussion about saying in your T&Cs that all sales would be subject to UK law, but it was rebutted saying this wouldn’t work legally.

Anyone with any experience or knowledge in this area?


(Liz Clark) #2

@sianfolksy do Folksy T&Cs say anything about sales are subject to English Law? I can’t see this, hence my query. Thanks :smile:


(Lizzie Gillum, Bedfordshire, Uk ) #3

I don’t see how you can be subject to US law, since you are not selling within any US territory. I sell to USA - and worldwide - and have always given my non-UK/non-EU customers the same T&C & rights as I give to local customers.

Except: I make it clear that buyers outside the UK are responsible for any local charges - for example, Customs, Import taxes, local delivery charges. You can not be expected to know about these - it is up to a buyer to research such charges if they are concerned about them (in UK, items coming from abroad over a certain value - I think £15 - may incur a VAT charge via Customs & Excise and the PO charge for handling this on their behalf, so you would pay 20% of the item’s value, plus an £8 charge to the PO. US Customs may impose similar charges - or there may be something in individual states - but you can’t know this).
If you use the Post Office for your mailing, then they will know about local delivery charges, but I’m not sure about other companies (eg. I’ve heard of UPS levying a charge for a customer in US to pick up a failed delivery from their depot). So make it clear to all buyers - in your T&C section - that local charges are their responsibility.

Be sure to complete a Customs form correctly and attach it to your parcel; also check that your item isn’t on the Prohibited list - see the Post Office website for information about mailing items abroad. If you were to send an item that is not allowed, it would probably be seized by US Customs and confiscated. If it was classed as dangerous, you’d probably hear about it, but otherwise it’s likely it would just disappear. It’s up to you to make sure your items are ok.

Other than that, I suggest making it clear who would be responsible for the return postage, should the buyer decide to send it back and cancel their order.

Good luck!

Lizzie


(Sian ) #4

Hi Liz

All sales on Folksy must comply with UK law, including the DSRs:
https://folksy.uservoice.com/knowledgebase/articles/58122-legal-information-what-sellers-need-to-comply-wit
https://folksy.uservoice.com/knowledgebase/articles/109405-sales-returns-policy

Except for the rules around Restricted and Prohibited goods and the requirement to complete a Customs declaration form (CN22), I’m not aware of any obligation for you to know about or adhere to US laws and policies. However, making it clear that the buyer is responsible for any customs charges and local taxes, as Lizzie advises, is a good idea!

Anyone else have any experience of this?


(Liz Clark) #5

Thanks Sian and Lizzie, I appreciate your replies as I try and get to the bottom of this.

I can’t fathom that I’d need to know every single US state law that applies to sales either! I think the argument was that if I broke any local law whether I’d be sued under UK law or US law. If sales are subject to UK law and sold in the UK thenI’d have thought that would stand.