As used in this part 14, unless the context otherwise
requires:
(1)Consumer product means any tangible personal property that is
distributed in commerce and that is normally used for personal, family, or
household purposes, including any such property intended to be attached to or
installed in any real property without regard to whether it is so attached or
installed.
(2)High-volume third-party seller means a third-party seller that, in any
continuous twelve-month period during the previous twenty-four months, has
entered into two hundred or more discrete sales or transactions of new or unused
consumer products for which the third-party seller has earned aggregate total
gross revenues of five thousand dollars or more. For purposes of calculating the
number of discrete sales o
Free access — add to your briefcase to read the full text and ask questions with AI
As used in this part 14, unless the context otherwise
requires:
(1) Consumer product means any tangible personal property that is
distributed in commerce and that is normally used for personal, family, or
household purposes, including any such property intended to be attached to or
installed in any real property without regard to whether it is so attached or
installed.
(2) High-volume third-party seller means a third-party seller that, in any
continuous twelve-month period during the previous twenty-four months, has
entered into two hundred or more discrete sales or transactions of new or unused
consumer products for which the third-party seller has earned aggregate total
gross revenues of five thousand dollars or more. For purposes of calculating the
number of discrete sales or transactions or the aggregate gross revenues under
this subsection (2), an online marketplace is only required to count sales or
transactions made through the online marketplace and for which payment was
processed by the online marketplace, either directly or through its payment
processor.
(3) Online marketplace means any person that operates a consumer-directed electronically based or accessed platform that:
(a) Includes features that allow for, facilitate, or enable third-party sellers to
engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer
product in the United States;
(b) Is used by one or more third-party sellers for the sale, purchase, payment,
storage, shipping, or delivery of a consumer product; and
(c) Has a contractual or similar relationship with consumers governing their
use of the platform to purchase consumer products.
(4) Seller means a person who sells, offers to sell, or contracts to sell a
consumer product through an online marketplace's platform.
(5) (a) Third-party seller means any seller, independent of an operator,
facilitator, or owner of an online marketplace, that sells, offers to sell, or contracts
to sell a consumer product in the United States through an online marketplace.
(b) Third-party seller does not include a seller that:
(I) Operates the online marketplace's platform;
(II) Is a business entity that has made available to the general public the
entity's name, business address, and working contact information;
(III) Is a business entity that has an ongoing contractual relationship with the
online marketplace to provide the online marketplace with the manufacture,
distribution, wholesale distribution, or fulfillment of shipments of consumer
products; or
(IV) Is a business entity that has provided to the online marketplace
identifying information, as described in section 6-1-1402 (1), that has been verified
pursuant to that section.
(6) Verify means to confirm information provided to an online marketplace
pursuant to this part 14, which may include the use of one or more methods that
enable the online marketplace to reliably determine that any information and
documents provided:
(a) Are valid;
(b) Correspond to the seller or an individual acting on the seller's behalf;
(c) Are not misappropriated; and
(d) Are not falsified.