But I can shed some light on this, we have a bit of experience in this kind of things.Theoretically: yes.
Practically: probably not, unless you piss them off (never a good idea with authorities)
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| sir wankalot Member UK 904 Posts 5/03 |  Posted - Mar 9 2008 : 1:04PMHere in the UK anyone who supplies/sells a dvd by mail order that is either classified as sexually explicit (R18) or unclassified (almost any porno bought from a US/Euro retailer) faces prosecution from Trading Standards. Depending on the scale of your offence you can face up to 2 years in prison and an unlimited fine. Even if you own a UK sex shop you can't just go ahead and sell an imported dvd (even softcore). You'd have to send it off to the BBFC to be classified. That will cost you £6 per minute and a £75 handling fee. The license to open a sex shop is usually several thousand pounds a year (exact fee depends on local authority) and then renewed yearly for a reduced but still significant amount. Expensive business. Many UK adult retailers who sell by mail order have relocated to the continent to avoid prosecution. It's something i'd like to do. There are many problems though. 1. Could you be prosecuted when you returned to the UK? Trading Standards need evidence. Most times they will do this by doing a test purchase. For mail order businesses they will usually send off a cheque and simply enquire with the banks as to whose account it goes into. If you stay in the UK you will eventually get raided and lose any stock and supporting evidence such as computer equipment. Not an option. Better to be abroad. So do Trading Standards still make an effort to find out who you are and catch you out when you return to the UK? 2. Is it feasible to accept UK cheques when abroad? If you continue to use a UK bank, Trading Standards will immediately have your UK address and identity. I'd be surprised if they can get your details from a foreign bank as you are not breaking any laws in that particular bank's country. However, if you pay a UK cheque into a foreign bank account there will be a charge. You simply can't take small value cheques (say under £20) to make it worthwhile. 3. Taking credit/debit cards? You either need a third party payment processor or your own merchant account with a bank. Having your own merchant account means you should have a solid working business from the off. You need to be processing a decent amount of orders as the bank charges a set up and monthly fees. A better start off option is the third party payment processors. Many won't accept adult merchants though and those that do will charge a higher fee than normal (it's classed as a high risk business regarding 'chargebacks'). Perhaps this way you could stay in the UK and not take cheques/postal orders or offer a mailing address? 4. Is there anyway to stay in the UK and stay below the radar? Moving abroad is a real hassle. You need accomodation, a new bank account (requires residence permit), new friends, a reliable, cost efficient and quick postal service and possibly a 'real job' if your business is not making enough money. One option is to have an 'office' abroad taking orders while you stay in the UK sending the dvds out. That requires being in a partnership or paying someone to process orders abroad and trust them not to take any of the money. Another option is to have a mail box that simply returns mail back to your UK address. That means a much longer order processing time and added costs for use of a mail box and reposting. Plenty to chew over. Any comments, ideas or suggestions are welcome.  [Link] |
Jacco  All-Star Member "liable to deprave and corrupt" 2673 Posts 5/04 | Posted - Mar 9 2008 : 4:25PM But I can shed some light on this, we have a bit of experience in this kind of things.Theoretically: yes. Practically: probably not, unless you piss them off (never a good idea with authorities) Click to expand Jacco  [Link] |
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