china , is it legal to buy large tanks etc after 20th may ?

[Lee]

From memory, in Spain, they were pushing their version of the tpd to cover cross border sales.
They were restricting imports from retailers in other European countries

[clivealive1]

if i buy before 20th but its in transit , surely thats ok either way ?

[gill2009]

  I don't know... but if they're selling...I'm buying...simples 

[djs]

May 14, 2017 20:27:58 GMT clivealive1 said:

if i buy before 20th but its in transit , surely thats ok either way ?

We (me) expect so. Plenty of UK companies have named the 19th as the last day. If you buy it before the 20th, then nobody has done anything wrong i.m.o.

[monty]

If you want 5ml tanks, then buy them now. Looks like the good Chinese manufacturers think that complance is the sensible way forward.

[TJ]

My interpretation of the TPD is that cross border sales are not affected at all so I will keep on buying, I've always kept my purchases under the Customs threshold anyway by splitting the parcels to make sure they won't come under scrutiny once they have landed and will keep it business as usual although to be fair there aren't any more tanks that I need or want anyway

[TJ]

Annnddd I am not a fan of big tanks as I get bored of flavours so quickly but it hasn't stopped me nabbing a couple in the sales although lord knows why as I like my diddy 2 & 3ml tanks.

Gotta admit that the 2ml Nautilus 2 is doing my head in though, honestly doesn't last 5mins on the 0.7 coil, I'm not even getting a chance to get bored of the flavour with this silly tank - LOL!

[mosop]

If copyrights havent bothered the chinese dont think tpd will

If they sell clones there sell non compliant hardware wile they have stock or a factory is willing to clone it,companys like kanger aspire etc etc might stop developing new bigger tanks. And since peeps want the latest thing demand for a lot of older bigger tanks will dry up,hence the clone companies will target the newer tanks instead

The clone market might even explode making more clones with even less regard for copyrights,the big companies have to keep the hands clean selling tpd compliant hardware and wont go to court to defend hardware they cant sell

[striker42]

The more I read, the more comical this TPD becomes. I don't mean the questions or the opinions given in reply. I'm sure if you asked some of the blowhards that initiated this bomb scare directive, the same questions, they couldn't provide a definitive answer. I tend to have the thought that much of this TPD could be made up as we go along.

[jtc]

I can't see the Chinese giving a hoot myself,and I can't see customs being that bothered.
I just went to Ireland and back with 2 rolos with batteries in, 2 6ml tanks full of liquid and 2 50ml bottles of juice.They didn't raise an eyebrow.
I still think it will only be large quantities of nic that they'll be interested in. Like someone above said, the USA are still getting supplied.
Fook the TPD!
The people are going to win this one

[clivealive1]

i just got 3 aspire cleitos and 30 coils , 2 naultilus x with 4m extension tanks and coils (although these will still be available as 2m tank.)
also naultilus coils for 5ml tank.
still looking at more tho
oops

[Bobsbeer]

The law applies to sellers of e cig stuff wherever they are. Amsterdam or China. The consumer is not the person at fault, the seller is unless they have registered with the Secretary of state. The Tobacco and Related Products Regulations 2016 do not differentiate between the EU or the rest of the world. So in my view customs could potentially stop a product that does not comply. I somehow doubt they would bother taking FT to court, but they potentially could according to the regulations. However the customer would lose their parcel. In those circumstances I would say you could get a refund, because FT have not fulfilled their contract.

Cross-border distance sales of tobacco products and electronic cigarettes etc.

47.—(1) The following persons must register with the Secretary of State—

(a)a retailer established in the United Kingdom who engages or intends to engage in a cross-border distance sale of a relevant product with a consumer located in any other member State; and
(b)a retailer who is established elsewhere than in the United Kingdom who engages or intends to engage in a cross-border distance sale of a relevant product with a consumer located in the United Kingdom.

It should be easy to check if FT are registered. Not sure where the list is, but the law says there is one.

(5) The Secretary of State must—

(a)provide confirmation of registration to a retailer who complies with paragraph (2);
(b)publish a list of retailers registered with the Secretary of State.

Not much room for interpretation there, no matter where the seller is they must comply, and it is their duty to do so.

In reality how this is going to be enforced is difficult to say, so it will probably be business as usual with our Chinese friends.

Then of course there is Section 4.

(4) In these Regulations, “cross-border distance sale” means a distance sale to a consumer where, at the time the consumer orders a product from a retailer, the consumer is located in a member State other than the member State or third country where the retailer is established, and for these purposes—



(a)a retailer means a person who sells, or offers or agrees to sell, a tobacco product or related product to a consumer; and

(b)a retailer is deemed to be established in a member State—

(i)in the case of a retailer who is a natural person, if that person’s place of business is in that member State, and

(ii)in any other case, if the retailer has its statutory seat, central administration or place of business, including a branch, agency or any other establishment, in that member State.

This seems to contradict Section 47 above.  So who is right I don't know.  

[pipeman01]

China isn't a member state... the above is for vendors in the EU... a German vendor can't sell to UK etc...

[djs]

China is likely to say "Up yours" to almost everything.

Are customs really going to start opening packets and getting out their syringes to test the volume of the tank? I doubt it.

They might open a few but they ain't opening millions - surely.

[Bob]

May 15, 2017 8:32:20 GMT djs said:

China is likely to say "Up yours" to almost everything.

Are customs really going to start opening packets and getting out their syringes to test the volume of the tank? I doubt it.

They might open a few but they ain't opening millions - surely.

They will not really be interested in small stuff - they have more than enough to deal with, with large shipments Gearbest UK will have to comply as will any other Chinese companies that have a presence in Europe