PART 5Retailers and return points
CHAPTER 1Retailers
Retailers18
1
For the purposes of these Regulations, a “retailer” is a person who markets, offers for sale or sells a scheme article to a consumer in Scotland.
2
For the purpose of paragraph (1), the following is to be regarded as the person who markets, offers for sale or sells the scheme article—
a
in the case of an online retail sale, the operator,
b
in the case of a vending machine sale—
i
where the machine is marked with the name and address of its owner, that owner, or
ii
otherwise, the person with the management and control of the premises on which the machine stands or to which it is affixed.
3
Where an article is sold or is to be sold to a consumer in Scotland, the article is to be treated for the purpose of these Regulations as having been marketed or offered for retail sale, or sold by way of retail sale, in Scotland regardless of whether the retailer has a registered or principal office in Scotland, or where the site of sale is.
4
In this Part—
“distance retail sale” is a sale of a scheme article to a consumer in Scotland where the site of delivery and the site of sale are a distance from each other,
“site of delivery” is the place where the consumer first gains physical possession of the scheme article,
“site of sale” is the premises of the retailer where the order for purchase of a scheme article is received.