Digital Downloads - Brexit changes and liability

Discussion in 'Ecommerce Forum' started by paulears, Dec 20, 2020.

  1. paulears

    paulears UKBF Big Shot Full Member

    4,699 1,263
    Any Digital Download experts around. For five years now, I've donated server space and a bit of my time to a long term friend who I recorded music for. He sells specialist tracks, originally as CDs but now as mp3 downloads. His website on my server takes PayPal payments which go direct to his account. It's not growing but is steady, and I only get involved when non-computer people buy an mp3 download expecting it to be on a CD, or ignore the warning about having to download within 24 hours - that kind of thing.

    I'd like opinions on if there is any responsibility on me to make sure he changes his VAT arrangements - clearly a proportion of sales is from outside the UK, but I don't know how much, but it's been pointed out that it is me who is the supplier, not him? I don't make anything at all from the download site. It's reliable and trouble free and I don't even remember how to write the code to add the rare extra tracks - every time I have to relearn it!

    Am I the 'publisher'? It doesn't feature in my accounts apart from the hosting fees that I don't even pass on to him - however, his site IS on my server that I pay for, and it's my whois details (not that they exist really any more).

    My favoured answer is confirmation that my view of it being nothing to do with me, is the correct one. However, the clever folk on here often know more than me!
     
    Posted: Dec 20, 2020 By: paulears Member since: Jan 7, 2015
    #1
  2. Newchodge

    Newchodge UKBF Big Shot Free Member

    15,118 4,100
    His customers order fom him and pay him. I would see you as the equivalent of a courier. He is the supplier. If he paid you, the chain would be customer contracts with him, he contracts with you. (He does not contract with you as there is no consideration). However that is a quick assessment based on contract law. I don't know anything about any law in your specific area.
     
    Posted: Dec 20, 2020 By: Newchodge Member since: Nov 8, 2012
    #2
  3. Mr D

    Mr D UKBF Legend Free Member

    27,415 3,367
    I disagree slightly with Cyndy.
    Paul agreed to host the music, there is a contract. The fact he gets no money does not mean there is no ongoing contract.
     
    Posted: Dec 20, 2020 By: Mr D Member since: Feb 12, 2017
    #3
  4. paulears

    paulears UKBF Big Shot Full Member

    4,699 1,263
    Hmm - thanks both. I was hoping Cyndy's viewpoint (which is pretty much how I see it) would be the one. I'm thinking that while I have agreed to do this, the fact there is no consideration to compensate me stands me apart enough to make it reasonable. I think I'm safe. Hopefully.
     
    Posted: Dec 20, 2020 By: paulears Member since: Jan 7, 2015
    #4
  5. Newchodge

    Newchodge UKBF Big Shot Free Member

    15,118 4,100
    To be a legal contract therer has to be consideration on both sides.
     
    Posted: Dec 20, 2020 By: Newchodge Member since: Nov 8, 2012
    #5