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by TheNorthman 1220 days ago
> and after the first year YOU as the consumer have to prove that this fault existed when the goods were delivered.

You have to make it probable, which is very different from proving. A rule favoring consumers, something like "there isn't an excess of scratches" is sufficient in most cases, where the alternative would require an excessive cost in further analysis (read: all electronics).

> If you import the component from outside the EU the law doesn't even apply, as you have formed a contract with a trader not bound by this law.

The seller is advertising _and_ shipping his product to the EU, therefor he is bound by its laws. He even features specific advise to EU consumers.

> But in this case it's all irrelevant because the item sold is basically a spare-part

This is just nonsense. It's sold direct to consumers, it's a consumer product.

1 comments

> If you import the component from outside the EU the law doesn't even apply, as you have formed a contract with a trader not bound by this law.

The seller is advertising _and_ shipping his product to the EU, therefor he is bound by its laws. He even features specific advise to EU consumers.

This is interesting, and I think is similar to the GDPR. Do you think he could get extradited for not following EU law, assuming he is being compliant with the laws of his own country?

I would think that any punishment would be limited to if he enters the EU, or has assets there. Or perhaps blocking his website, or any shipments from him. Is there anyone around with actual experience in these kinds of laws?

Extradition is only for criminal offenses, not civil ones.

The EU can prosecute Americans to their hearts content. They are limited only by their ability to collect judgment. The US will not collect foreign judgements except as specified by treaty. There are no treaties for enforcing GDPR fines in the US.

So if you or your company has property in the EU they can sieze it. But if you never go to the EU or own anything there you can rest assured that you are quite safe from GDPR fines.