Sale of Goods Act and Amazon.co.uk/Amazon EU S.a.r.L.

wealdroam

unholyangel wrote: »

Simply not true.

Companies selling in the uk are not bound by uk law and if memory serves, amazon sales are governed by luxembourg law.

However they're own SoGA is probably very similar to our own.

It matters not.

Amazon UK are happy to be taken to court in the UK.

From their T&Cs:

8 APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the District of Luxembourg City, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in Luxembourg or in the EU country in which you live.

unholyangel

wealdroam wrote: »

It matters not.

Amazon UK are happy to be taken to court in the UK.

From their T&Cs:

Didn't say they weren't. Although sounds like it would still be heard under Luxembourg laws.

But the previous posters assertion that because they're selling in the UK they need to adhere to UK law seems to be a common misconception and as I said above, its simply not true.

So people should be paying more attention to the governing law in T&C's when they enter into a contract as they may not have the same rights if things go wrong.

shaun_from_Africa

As Amazon.co.uk are selling in the UK and also have a corporate office in the UK, surely they have to abide by UK legislation and can't avoid this simply because they also have offices in Luxembourg.

wealdroam

unholyangel wrote: »

Although sounds like it would still be heard under Luxembourg laws.

The last part of my quote above from their T&Cs says otherwise:

...which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in Luxembourg or in the EU country in which you live.

(my bolding)

Unless you are saying that it could be in a UK court under Luxembourg laws.
I can't believe that could happen.

neilmcl

unholyangel wrote: »

Didn't say they weren't. Although sounds like it would still be heard under Luxembourg laws.

But the previous posters assertion that because they're selling in the UK they need to adhere to UK law seems to be a common misconception and as I said above, its simply not true

Again I'd refer you to my earlier post.

unholyangel

wealdroam wrote: »

The last part of my quote above from their T&Cs says otherwise:

(my bolding)

Unless you are saying that it could be in a UK court under Luxembourg laws.
I can't believe that could happen.

Jurisdiction and governing law aren't the same thing. Jurisdiction is just where the case would be heard, not which laws it would be heard under.

unholyangel

unholyangel wrote: »

Jurisdiction and governing law aren't the same thing. Jurisdiction is just where the case would be heard, not which laws it would be heard under.

Contracts of sale are governed by luxembourg, as stated in their terms and conditions.

However back to my first post....they'll have their own SoGA that will be very similar to our own. No idea what their statute of limitations are though.

wealdroam

unholyangel wrote: »

Jurisdiction and governing law aren't the same thing. Jurisdiction is just where the case would be heard, not which laws it would be heard under.

So you are saying that a case could be heard in an English court under Duchy of Luxembourg laws.

I didn't realise that was possible.

Does this sort of thing happen often?

unholyangel

wealdroam wrote: »

So you are saying that a case could be heard in an English court under Duchy of Luxembourg laws.

I didn't realise that was possible.

Does this sort of thing happen often?

You learn something new every day.

http://www.contractsandagreements.co.uk/jurisdiction-contracts.html

It is important to distinguish between the jurisdiction of a contract, and the choice of law of a contract. Although a contract may be governed by for example English Law, this may not necessarily be the jurisdiction that is nominated to hear any disputes that may arise

yangptangkipperbang

deanos wrote: »

May be relevant , not sure

http://www.theguardian.com/money/2010/may/01/amazon-luxembourg-improved-consumer-rights

Wow ! The secret EU two year Law !!!!!!!!