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SKYBUY - do they break EU law?



 
 
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  #11  
Old December 12th 03, 02:55 PM
David Marshall
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In article ,
Joseph Szadai wrote:
You misunderstand the whole issue. If I tell SKYBUY that I wanna
buy a very expensive 42 inch plasma TV, they can not say:
"I am sorry, you are not UK resident so I can not sell it to you"


Yes, they can!

It is simply against the EU law.


No, it's not. It is perfectly legal for a company to discriminate on
grounds of geography. Go and check the legislation.

Dave
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  #15  
Old December 13th 03, 06:55 AM
Joseph Szadai
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Simon Gardner [dot]co[dot]uk) writes:
In article ,
(Joseph Szadai) wrote:

You misunderstand the whole issue. If I tell SKYBUY that I wanna
buy a very expensive 42 inch plasma TV, they can not say:
"I am sorry, you are not UK resident so I can not sell it to you"


Yes they can.

It is simply against the EU law.


It simply isn't.

If I go to a shop in the UK and want to buy a TV set, they can not
ask my identity cards in order to decide where I am from and depending
on that to decide if they refuse or not.
A supplier can refuse selling but not based on if the buyer is living
in UK or not. They can not even ask where I live.
Of course they might say "OK, but we can not give you warranty, only
if you bring it to us for repair or pay the freight cost from say
Greece (if you live there).

The problem is that they offer a choice - if you subscribe to SKY+
you get 200 UKP back. An offer which can be chosed only by UK
residents. This makes difference between EU citizens and it is not
permitted.


It does NOT make a difference between EU citizens. Citizenship is nothing
to do with it. Residency is. Not the same thing.





OK, then suppose this:
I travel to UK, live at my friend's house for say 2 weeks.
I order the plasma TV. (I order it for me, not my friend
where I live for 2 weeks).
In this case I can not subscribe to SKY+, since I am not a UK resident,
however since my friend's house is in the UK, they send me the TV
if I give the address and pay its price.
Then I say, OK, but I want the 200 UKP money back, this is a choice
any buyer can decide. But since I am not a UK resident I can not
subscribe to SKY+, so I can not use this option.
This is discrimination.
Also if you go to
www.sky.com/skybuy, they do not say anywhere that
they accept orders for the 42 inch plasma TV only from UK.
Just go to the page and read terms and conditions. They do not say
that they will not supply to non UK resident.
THIS together with the SKY+ option is illegal.
If they wrote in the terms and conditions that they accept orders
only from UK then you were rights.
Joe
  #16  
Old December 13th 03, 08:36 AM
Jomtien
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Replicator Creator wrote:

Since only UK citizens can subscribe to SKY+, this offer discriminate
EU citizens regarding countries (ie: UK and other) and gives a choice
to UK citizens which choice can not be given to other EU citizens.


Sadly not. The discrimination is on geographical position, not on
nationality, race or citizenship. Anyone (Brit, Frog, German etc.)
living in the UK can take advantage of this SkyBuy offer and, as such,
it breaks no law.
The law should indeed be changed though to make it an offence to
refuse to sell anything throughout the EU, whilst allowing for extra
delivery costs, if any.

--
Digibox problem? : A reboot solves 90% of these.
The Sky Digital FAQ: http://tinyurl.com/tez5
How to get UK TV overseas: http://tinyurl.com/6p73
Fed up with logos / red buttons? : http://logofreetv.org/
BBC gone? : http://www.astra2d.co.uk/
----
Only the truth as I see it.
No monies return'd. ;-)
  #17  
Old December 13th 03, 08:37 AM
Jomtien
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Joseph Szadai wrote:

SKYBUY differentiates giving you the 200 UKP discount depending where
the EU you live.


They do indeed but this is not illegal. It should be but it isn't.

--
Digibox problem? : A reboot solves 90% of these.
The Sky Digital FAQ: http://tinyurl.com/tez5
How to get UK TV overseas: http://tinyurl.com/6p73
Fed up with logos / red buttons? : http://logofreetv.org/
BBC gone? : http://www.astra2d.co.uk/
----
Only the truth as I see it.
No monies return'd. ;-)
  #18  
Old December 13th 03, 08:37 AM
Jomtien
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Joseph Szadai wrote:

I think it is legal to charge the customer geographically
(shipping cost, etc). but it is not legal to give a discount
for a product for one EU citizen and not to give the same
for another EU citizen.


It is legal to do this. You can't refuse the discount to any EU
citizen (including British) living in the UK. You can refuse it to all
EU citizens (including British) not living in the UK. This is what Sky
do. It is not illegal. It should be but it isn't.

--
Digibox problem? : A reboot solves 90% of these.
The Sky Digital FAQ: http://tinyurl.com/tez5
How to get UK TV overseas: http://tinyurl.com/6p73
Fed up with logos / red buttons? : http://logofreetv.org/
BBC gone? : http://www.astra2d.co.uk/
----
Only the truth as I see it.
No monies return'd. ;-)
  #19  
Old December 13th 03, 08:37 AM
Jomtien
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Posts: n/a
Default

David Marshall wrote:

It is perfectly legal to charge people difference prices (or indeed refuse
to supply at all) depending on their location.


The refusal to supply is not legal in some EU countries, and rightly
so. There is an intrinsic fault in the UK "invitation to treat"
principle. In some EU countries once an item has been advertised
(E&OE) it must be sold to all comers at that price. This applies to
price stickers in shops too.
None of this "advertise a whatsit at 99p in the paper and when you get
to the shop they've sold out of the only cheap one they ever had and
would you like to buy the same thing for £9.99" nonsense that happens
all the time in the UK.

--
Digibox problem? : A reboot solves 90% of these.
The Sky Digital FAQ: http://tinyurl.com/tez5
How to get UK TV overseas: http://tinyurl.com/6p73
Fed up with logos / red buttons? : http://logofreetv.org/
BBC gone? : http://www.astra2d.co.uk/
----
Only the truth as I see it.
No monies return'd. ;-)
  #20  
Old December 13th 03, 08:37 AM
Jomtien
external usenet poster
 
Posts: n/a
Default

Joseph Szadai wrote:

If I tell SKYBUY that I wanna
buy a very expensive 42 inch plasma TV, they can not say:
"I am sorry, you are not UK resident so I can not sell it to you"
It is simply against the EU law.


They can indeed say that. It is not illegal and breaks no UK or EU
law. It should be but it isn't.

--
Digibox problem? : A reboot solves 90% of these.
The Sky Digital FAQ: http://tinyurl.com/tez5
How to get UK TV overseas: http://tinyurl.com/6p73
Fed up with logos / red buttons? : http://logofreetv.org/
BBC gone? : http://www.astra2d.co.uk/
----
Only the truth as I see it.
No monies return'd. ;-)
 




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