ghostrider1971
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Post by ghostrider1971 on Apr 20, 2017 19:38:13 GMT
As stated above, probably a very silly question ![:)](//storage.proboards.com/forum/images/smiley/smiley.png) Will members be able to buy/sell non-TPD compliant items to each other after the TPD kicks in? (e.g. Decent sized tanks and juice bottles)
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TJ
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Post by TJ on Apr 20, 2017 19:39:45 GMT
Yes as we aren't traders and have already purchased them from a trader prior to the TPD ![;-|](//storage.proboards.com/2973975/images/_qM3klnohgzplR178LMp.gif)
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ghostrider1971
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Post by ghostrider1971 on Apr 20, 2017 19:40:32 GMT
TJ - Awesome ![:)](//storage.proboards.com/forum/images/smiley/smiley.png) I hoped that would be the situation ![:)](//storage.proboards.com/forum/images/smiley/smiley.png)
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Post by Chrissie on Apr 20, 2017 20:47:42 GMT
I hadn't even thought about this. but I'm pretty certain TJ is right ![:)](//storage.proboards.com/forum/images/smiley/smiley.png)
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jtc
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Post by jtc on Apr 20, 2017 21:31:31 GMT
Maybe I should buy a 100 7ml tanks to sell then ![:D](//storage.proboards.com/2973975/images/30yfTjP3QPippj7hX3wK.gif)
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djs
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Post by djs on Apr 20, 2017 21:35:08 GMT
But not Nic' base though? If that was allowable, I should be throwing out the ice cream, bread and oven chips and filling Mr Freezer with the dark matter? ![icon_nervous](//storage.proboards.com/2973975/images/a6RzaY8MyqG3IQUe55F5.gif)
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BrenD
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Post by BrenD on Apr 20, 2017 21:47:01 GMT
Who will stop us from selling nic? A few small trades between enthusiasts will be as under the radar as it gets.
Probably not worth the hassle of persuing either, on the off chance it gets spotted.
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ghostrider1971
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Post by ghostrider1971 on Apr 20, 2017 21:50:04 GMT
I was also thinking the more enterprising will continue to buy from China (HMRC REALLY should have better things to be doing than looking for errant vaping tanks, surely?)....was wondering what the SP will be on selling "new new" or "new used" non-TPD stuff on here after 20/5. I'm hoping both options are acceptable ![:)](//storage.proboards.com/forum/images/smiley/smiley.png)
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BrenD
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Post by BrenD on Apr 20, 2017 21:55:32 GMT
I was also thinking the more enterprising will continue to buy from China (HMRC REALLY should have better things to be doing than looking for errant vaping tanks, surely?)....was wondering what the SP will be on selling "new new" or "new used" non-TPD stuff on here after 20/5. I'm hoping both options are acceptable ![:)](//storage.proboards.com/forum/images/smiley/smiley.png) I'd imagine flipping new gear would be as frowned upon as it is now, especially when almost all of us are capable of buying from China.
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jtc
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Post by jtc on Apr 20, 2017 22:06:41 GMT
I can't see tanks and hardware being policed that well myself. It's definitely the nic they can screw tax onto so that will be the most controlled ![:D](//storage.proboards.com/2973975/images/30yfTjP3QPippj7hX3wK.gif)
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Bobsbeer
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Having a glass of wine and a vape
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Post by Bobsbeer on Apr 21, 2017 8:15:15 GMT
The regulations are the guide to answering this question. They are quite specific, but in my view it will be allowed to sell nicotine peer to peer on here or elsewhere. My reason for taking this view is the wording in the regulations. The specific regulation is below and I have highlighted the important words as far as we are concerned. The situation regarding nicotine and tanks appear to be slightly different. The regulations for nicotine cover 'retail sale', rather than mere 'sale'. So the question to be answered is a sale on here a retail sale? I would say not, it would be a private sale. So therefore sales on the forum between two willing parties would be exempt from the TPD regulations. When it comes to tanks, there does not appear to be this distinction. So Section 36 (1) applies and would not be allowed. I am not a lawyer, so this is not legal advice in any way shape or form, just my thoughts on the interpretation.
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bioxx
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Post by bioxx on Apr 21, 2017 8:29:16 GMT
We could have nic/bigger tanks sales/swaps in the member area to make it less accessible to the overzealous public. I doubt that the cops etc would read here but some eagle eyed member of the public might feel the urge to inform them. Worst of them all being non-vaping ex-smokers that now have to go grumpy through the rest of their lives.
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jtc
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Post by jtc on Apr 21, 2017 9:10:15 GMT
Hmmm I'm sure our mods will want to keep things legal here There's always ways around anything though
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Bobsbeer
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Post by Bobsbeer on Apr 21, 2017 9:21:32 GMT
Having re read the regulations, I now feel that ANY sale on here will be in contravention of the regulations. Nicotine above 20mg and tanks above 2ml. As stated above the tank situation seems quite clear. However I had failed to read Section 1 which defines Retail Sale. It states quite simply - It would be hard to argue that the purchaser was not a consumer so the seller would be in contravention of the regulations. Therefore the sale of nic and tanks outside of the regulation limits would be illegal. On here or anywhere. So I would be surprised if the admin on here would allow such sales to be advertised. As the regulations do not stipulate a difference between new or used it would also apply to members selling used items. They could be given away, but not sold.
Penalties on conviction for offences in the regulations are quite severe, more so in Scotland for some reason. See Section 51 for details.
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gill2009
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Gillybeans
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Post by gill2009 on Apr 21, 2017 9:37:53 GMT
I'd be selling or buying from a friend...like I would anything...just my opinion.
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