Sky cards from XL Trading

underlay_guru

XLTrading have still not explained why regulation 7 of the DSR's have not been abided by. To remind you, I have provided a LEGAL DOCUMENT (which you sarcastically asked for), which proves the website is illegal, here:

http://www.opsi.gov.uk/si/si2000/20002334.htm

Regulation 7 states anyone distance selling, and requesting payment in advance, must provide a legitimate geographical address. XLTrading do not have a geographical address anywhere on their website - hence the website is trading illegally .....fact.

Regulations 5 and 6 state who is exempt from abiding by the Distance Selling Regulations. There is no mention of non-limited companies or one-man-bands.

Inputting an address into your website should take up no more than 10 minutes of your time. If you are not the owner of the business, you should advise your boss the website is breaking the law by not having the appropriate information require -or you may be out of a job soon...so chop-chop.

underlay_guru

The address- again for those who missed it for the umpteenth time (maybe for people a little slow in life) is viewable once a legal contract has been entered into with our service. The details and then viewable at all times. Completely legal in every sense, we have looked into it.

Wrong!

For the umpteenth time....here is paragraph 7, line 1a of the Distance Selling Regulations (which may I remind you IS a legal requirement):

Information required prior to the conclusion of the contract
7. - (1) Subject to paragraph (4), in good time prior to the conclusion of the contract the supplier shall -

(a) provide to the consumer the following information -
(i) the identity of the supplier and, where the contract requires payment in advance, the supplier's address;

I'll make it simple for you - This legal document is telling YOU (The supplier) you must make your geographical details known to anyone before they buy from you. A customer is LEGALLY entitled to know where you operate your business from BEFORE they commit to buying! Without fulfilling this requirement you cannot legally sell anything!

....claiming you are in the process of 'moving addresses' is no excuse;
....A P.O Box cannot be used as it is not a geographical address;
....A fake or incorrect geographical address is breach of the DSR's and is illegal (trust me, it is)
....Publishing an address then ordering customers not to contact them via that address is also a breach of the DSR's and is illegal (trust me, it is).

So time to get a wriggle on and update your 'Contact Us' page...its an easy enough job (unless of course you are scared of divulging where the business operates from, but as you are a completely legitimate supplier I wouldn't expect you to worry about this).

...I will await yet another lame excuse for not including it.

JasonLVC

underlay_guru wrote: »

Wrong! Check the link to my previous post as I have looked into it too. For the umpteenth time...a geographical address is legally required and must be visible on the website from which you are selling to buyers and potential buyers -trust me.

This should be a 10 minute job and should be contained in your 'Contact Us' section.

As we now realise, XL is partial to a bit of backtracking.

When a customer goes through the buying process, the final purchase page does show an address, however, that address is not the actual trading address of the 'business' - indeed, there is a clar warning on the website NOT to communiciate to that address. What the address is I'm not entirely sure - but it would not be compliant with the law as the address forms part of the contract process which only happens with XL once you've made the purchase which is the wrong way around.....and even if it could be argued that the address coming AFTER you have paid is okay (which it isn't) the address is still fake/not the proper trading address.

The reason the address is not on the website is, according to XL, becuase they've just moved [STRIKE]house[/STRIKE] business address but if they are registered for tax and VAT, those will not have changed and so should still be up on display, having now confirmed they are a proper company.

The recent buyout of the old owner is not an excuse, even if a Newco was set-up with new tax details, the website still didn't show the old details - but if they can then remove the old details, why not add the new ones......

redux

Microsoft Windows Vista - Ultimate Edition for £3.50

Now this is quite interesting, as it is miles below the normal retail price of a couple of hundred or so. Does it contain a CoA sticker, making it a completely genuine licensed version, which is what it looks like from the packaging portrayed?

Is it an OEM or full retail version? Where does it clarify on the XL Trading website whether this does or does not have a license code and sticker, for the sake of people who don't realise the importance of this? Or is this a clearance item that includes it anyway?

Is the sale of this item approved by Microsoft, which is very careful about helping its users know whether they have a genuine copy?

If a retailer sells something which appears to be something, then it must be that thing. If it is not the real item, then it isn't entitled to use the branding, as it may be committing an offence of passing off, by misusing copyright, trade marks and other details to make customers think they have the real item.

The company is the The World's No 1 Backup Service Provider. I'll be interested to hear the firm back up its website with clarification about how this product fits in with Microsoft licence conditions. It's no good asking Microsoft this question, as they don't comment on third party resellers

Inactive

" Quote:Originally Posted by Inactive
Can XLTrading confirm that their prices are all inclusive of VAT for UK buyers?

Yes we can... but we are not going into our intimate business details with you all on here."


Thankyou, that is the one piece of the jigsaw that I needed.

XLTradingUK

Good Morning All!
I will go through the threads new post and answer them accordingly
Give me a couple of minutes to go through them all

james123 wrote: »

My gosh! I cant believe i've just spent the last hour reading this thread! can someone lock it so i dont have to follow the soap opera tomorrow aswell. Its compulsive reading

I even "logged in" to write this! which, apparently i havent done since february i do visit more often, honest Oh,, and can i get a congratulations by making my 158th post, 5 yrs on im getting there!

Good Morning, we hope you are enjoying the thread.
Can you see the one-sided ness of this pointless thread as well?

1984ReturnsForReal wrote: »

No. Its correct & true.

http://www.companieshouse.gov.uk/about/gbhtml/gbf3.shtml#c1q3

"3. Who does the Business Names Act apply to?


The Act applies to:

• an individual who trades under a name which is not his or her surname. It makes no difference whether the individual's first names or initials are added. So the Act would apply to Mr JQZ Singh if he traded as 'Singh Antiques' but not if he traded as 'Singh' or 'JQZ Singh'.
• a partnership which uses a specific business name and does not trade under the names of all the partners; and
• a company or Limited Liability Partnership, which trades under a name which is not its corporate name, for example, 'J Smith Limited' trading as 'Fish Antiques'. "

http://www.companieshouse.gov.uk/companiesAct/implementations/jan2007.shtml

"Implementations
January 2007
20th January 2007:
EU Directive enabling Companies to make greater use of electronic communications. Full details are available on the BERR website"


http://www.berr.gov.uk/whatwedo/businesslaw/co-act-2006/

http://www.opsi.gov.uk/acts/acts2006/pdf/ukpga_20060046_en.pdf
The Companies Act 2006 which incorporates the EU directive & postdates The Business Names Act 1985. Fully in force. You need about page 740.

http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1073788946

"Displaying a name online
If you are an online business, you must display:

general information about your business - including business name, address, email address, VAT registration number (if applicable)

• details of any relevant professional body that you belong to or any authorisation scheme to which your service is subject"

:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:



ILLEGAL WEBSITE

& BREAKING THE LAW

Again, if we were doing something illegal - we would have been closed by now.
It does not take X amount of years for FACT or Trading Standards to demand a site is shut by now....
Think of that what you will - but the simple reason that we will not be shut down may dissapoint a lot of people on her

Tribulation wrote: »

Yep he does. But they're a completely different thing to the type of thing XLtrading is doing.

I haven't yet seem Martin tell us how to avoid paying for something and imply that we're perfectly entitled to do this with no chance of any comeback from the authorities when the exact opposite is true.

On XLtradings web page they say

I have a problem with that.

If I tell you you can go and steal a TV from Tesco's, and you get caught, do you think the court would take any notice if you said that my web site said it was OK to do this?

They may well have found a legal way to purchase and sell cards with a couple of months viewing time on them, but for these cards to allow box office purchases free of charge, I simply refuse to believe that is legit and until I recieve it in writing from Sky, I will continue refusing to believe it.

I have a letter typed up to send to Sky including a screenshot of XLtradings web page where all this info is shown and when I get a response, I will post it in this thread, or should this thread get closed (I have a offline copy of the entire thread for reference), I shall open another one to post Skys official response in..

Martin manages to find legal loopholes for financial gains to the public however, as it states on top of the forum.. report libellous and defamitory posts.

Which we have done.
Many times this week.

The problem being - Martin Lewis DOES NOT run the forum.
Which is the problem.

The Sky cards yet again for the clearly brain deficient (said many times now)
1. We get direct from Sky
2. We PAY Sky for having this item

We DO NOT encourage clients to commit theft, not at all.
The Sky cards are encoded with a package that comes from Sky directly - they create the cards themselves and send them on to us... hence the statement that states, 'there is no comeback from this item'
I can see how people may think this is a weird statement, and of course, we may have to jig the description around as this product is perfectly legal to use.

Thankyou.

Pieman1972 wrote: »

Perhaps I missed something - in the beginning of this thread XL was instuctung lawyers etc to shut threads down - but later in the thread as customer service mouthpiece can't issue refunds. And there is a management team and financial department to make all the decisions but operating as a sole trader.....

Just read this on the BBC to explain what a sole trader cos I (honestly) didn't know the differences...
http://www.bbc.co.uk/schools/gcsebitesize/business/aims/partnershipsrev1.shtml

Anyway - read the thread - made an observation....sure it will get sorted one way or t'other...
Good luck one and all

Did I say yesterdsay night (think I did clearly), that I do not own the site, nor am I responsible for refunds?
I believe I did.

Hence my communication on our store with the management team WHO DO sort out refunds.
The problem people are having with this is?
Because from the looks of it- you are really clutching at anything now to find against us
We have never said we trade as a sole trader, please re-read the thread (all 11 pages of it now)

Inactive wrote: »

Strange how you have all of a sudden got a refund after waiting so long, at least this thread seems to have got you some satisfaction at long last.

I somehow doubt that you would have received one without this thread.:rolleyes:

So know you are incinuating we are thieves and keep people's money....
When we clearly use PayPal and Google Checkout which offer a complete payment protection plan?
Pretty pathetic really and again.. non factual crap from yet another 'attacker'

We explained clearly to the client WHY the refund has took so long in coming.

Antispam

Well if they are not doing anything illegal then they wont mind being reported

https://www.microsoft.com/uk/licensing/homeuser/reporting-games-piracy.mspx

Reporting pirates is really simple - just download our easy-to-fill-in form and email it to [EMAIL="ukpiracy@microsoft.com"]ukpiracy@microsoft.com[/EMAIL]


[FONT=&quot]
[/FONT]

1984ReturnsForReal_2

XLTradingUK wrote: »

Again, if we were doing something illegal - we would have been closed by now.

We have never said we trade as a sole trader, please re-read the thread (all 11 pages of it now)

1) Illegal Website

2) You stated you were an Individual & therefor exempt from the EU Directive & The Companies Act.

Inactive

XLTradingUK wrote: »

So know you are incinuating we are thieves and keep people's money....
When we clearly use PayPal and Google Checkout which offer a complete payment protection plan?
Pretty pathetic really and again.. non factual crap from yet another 'attacker'

We explained clearly to the client WHY the refund has took so long in coming.

Yea right, of course it wasn't coincidence that you refunded your client almost immediately after his / her comments on here, remember your client stated that you had not answered his/her e.mails about the matter prior to coming on this thread..:rolleyes:

1984ReturnsForReal_2

Inactive wrote: »

Yea right, of course it wasn't coincidence that you refunded your client almost immediately after his / her comments on here, remember your client stated that you had not answered his/her e.mails about the matter prior to coming on this thread..:rolleyes:

Its also a coincidence that the poster (the-watcher) logged in, posted on this thread, only viewed this thread & became in-active & logged out at the same time as XL Trading.

Perhaps XL Trading doesnt know that when viewing a posters profile it shows you when they leave the site & what they are viewing at the time.