The Fairphone 6 Plus is a minor upgrade over its predecessor, despite costing more. However, it's available to US buyers, which is a significant development.
If you order from another place you’d be importing.
If, for example, you order something from China to somewhere in the European customs union, directly from China and not a European company, you’d be the importer and as such are responsible for following your country’s regulations.
Imagine being a seller and someone from another country, perhaps one you don’t know much about and one that is not in a customs union with the country you are in, orders something from you. There’s no reason you would have to comply with regulations of that country.
I’ll happily accept if im wrong as i am not a lawyer and certainly not a Canadian one, ive tried to find enforcement based on it but i can’t find clear cases on it, this is the legislation:
No person shall manufacture, import, distribute, lease, offer for sale or sell any radio apparatus, interference-causing equipment or radio-sensitive equipment for which a technical acceptance certificate is required under this Act, otherwise than in accordance with such a certificate.
Radiocommunication Act 4(2)
The question becomes does “offer for sale or sell any radio apparatus” also apply to companies outside Canada?
Still, i can imagine a company is not keen on selling products they know are illegal in the destination country, but the seller (outside canada) being liable for the radio act is maybe wrong then.
On the consumer protection part it does seem correct that the foreign seller is on the hook, atleast for provincial law.
This Act applies in respect of all consumer transactions if the consumer or the person engaging in the transaction with the consumer is located in Ontario when the transaction takes place.
Ontario Consumer Protection Act, 2002, s. 2(1)
Again assuming “all” then includes foreign transactions.
If you order from another place you’d be importing.
If, for example, you order something from China to somewhere in the European customs union, directly from China and not a European company, you’d be the importer and as such are responsible for following your country’s regulations.
Imagine being a seller and someone from another country, perhaps one you don’t know much about and one that is not in a customs union with the country you are in, orders something from you. There’s no reason you would have to comply with regulations of that country.
I’ll happily accept if im wrong as i am not a lawyer and certainly not a Canadian one, ive tried to find enforcement based on it but i can’t find clear cases on it, this is the legislation:
The question becomes does “offer for sale or sell any radio apparatus” also apply to companies outside Canada?
Still, i can imagine a company is not keen on selling products they know are illegal in the destination country, but the seller (outside canada) being liable for the radio act is maybe wrong then.
On the consumer protection part it does seem correct that the foreign seller is on the hook, atleast for provincial law.
Again assuming “all” then includes foreign transactions.