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  • Legal Issues

    Hi guys,

    I'm currently drowning in a VERY steep two month learning curve in which I am trying to set up a website/online business for my jewellery making in the next two months ready for my first craft fair, so that I can hand out business cards to an already existing website and make the most of the chance to advertise. Phew!

    My main issue at the moment is trying to make sure I've got all the legal aspects covered. One thing I'm struggling with is working out if I'm a private or a trade seller as this seems to affect how the law applies, and I have no idea. It seems far too small to be considered a trade business (as I have as yet not sold anything!).

    Also, can anyone simplify the main laws I need to abide by? And is it necessary to describe them on the website (such as things about nickel content etc) or is it just enough to know that they are there and make sure my items comply with the regulations?

    I'm willing for it to be a learning curve and to take the hit and just give refunds should anything go wrong but I'd obviously much rather prepare as much as I can. I had another question but I can't for the life of me remmeber it!

    Thanks for any advice you can offer a panicking newbie!
    http://purpleswirley.com

    Become a fan of my facebook page and you could win a gorgeous necklace!

    http://www.facebook.com/pages/PurpleSwirley/190387371643

  • #2
    I don't know anything about Jewellery so I will leave that bit to someone else...although I would say that, if there are allergy issues you should definitely put it in the description in bold text - some numpty is bound to buy it and try and sue you for personal injuries - sorry, that was a bit of humour, not meant to panic you more.


    You are a trade seller the minute you start selling to the public through a business - I think the 'private' seller relates mainly to auction sites where people flog their tat!

    You should read the Distance Selling Regulations (you'll find them with a Google search) as you must comply with them. Simply put - if someone buys something and you send it, they have a cooling off period, during which they can return it for a refund no matter the reason. You should also make sure you send things by a method that enables you to track the item online (really difficult for small items where Royal Mail are clearly cheaper)...this will protect you from Paypal non-receipt claims...

    Have you registered with the Inland Revenue? You need to do that within 3 months of becoming self-employed, even if you are also in paid employment...

    Hope this helps

    Jude

    and good luck
    for bath bomb, soap & Skincare kits
    plus Soap Base, Bath Bomb Ingredients, Butters,
    Oils and packaging for Bath & Body Products

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    • #3
      That's great advice, thanks.

      Re registering with inland revenue, is that three months from your first sale? Because I was hoping to do the craft fair as a tester to see if I want to carry on with it on the website (I'm not planning to list anything for sale online until after the fair, so I can put the unsold stock on there, as I don't have enough yet! And also to test the water and see if it's something I definitely want to do). So would I have to register just for the craft fair or only if I then proceed to turn my website into a business? At the moment it is just showing photos of my designs without any option to buy.

      Thanks
      http://purpleswirley.com

      Become a fan of my facebook page and you could win a gorgeous necklace!

      http://www.facebook.com/pages/PurpleSwirley/190387371643

      Comment


      • #4
        A few tweaks.
        The registering for tax/3 months thing: it can be read as after making your first penny. So you could wait until you sell something, then jump into action. But do you have a day job? If you are setting up your business and are losing money you can take that off your tax bill if you register.....

        You weren't intending to sell anything on your website to start with, were you? It was just going to be like an advert? You don't have to follow the long distance selling rules........until you intend to do the long distance selling thing.

        There's a thread about the nickle thing on this forum. You can search for it but basically in the EU findings must not have nickle in them (a simplistic take on the wording) so as a customer I would assume you are following the law so you don't need to say anything. But as a courtesy to my customers I've always told them what their ear wires were made of. I've always been concerned about allergies and didn't need a law to tell me to do it.

        Have you found www.businesslink.gov.uk/ yet?
        It's all on there. Unfortunately you have to pick your way through it and not get frightened at the stuff aimed at the big boys. Just read the stuff for the little people.

        And the minute you try to sell something you are a trader.

        Take it easy. One step at a time.

        (We haven't said "PUBLIC LIABILITY INSURANCE" yet. Hang on to your seat belt - you are in for a bumpy ride
        No it's OK - it's all on this forum too - just search for the dreaded words )

        AnnieAnna

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        • #5
          Don't forget that under the guidelines you are able to claim back for any expenses relating to your business including tools etc for 6 months prior to the commencement date of your business. My business link person was very good aswell. For those of you that run a full time business , how many attend breakfast and lunch clubs for local businesses, sometimes you meet some very helpfull people.
          I Melt Glass For a Living
          Website

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          • #6
            Information Sites

            Hi,

            I understand some of these sites have been talked about already, however you may find the following links useful.

            home-jewelry-business-success-tips.com

            hse.gov.uk

            hmrc.gov.uk

            businesslink.gov.uk

            I would really recommend the first link jewelry success tips by Rena Klingenberg, this site has some fantastic information and networks you may find helpful. It was recommended to some of our homeworkers.

            Hope this helps,

            Regards,

            Leyula's
            Working From Home

            Jewellery Assembly, Arts & Crafts, Jewellery Design & Wholesale Craft Materials

            Comment


            • #7
              The guide in my signature tag may help. There is also some useful marketing info on www.ibeadmag.com. You do need to abide by the EC nickel regs, distance selling regs and product liability issues. As these are legal requiements you are better of looking towards one of the goverment website or contact your local business link.
              Allison
              www.cardtoppers4crafts.com
              www.epbeads.co.uk/freeguide

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