Define: Merchant

Merchant
Merchant
Quick Summary of Merchant

A merchant is an individual who engages in the buying and selling of goods in order to generate income. They possess expertise in the products they sell and are subject to stricter legal standards. This distinction only pertains to those involved in the sale of tangible items, excluding services. It encompasses individuals and entities such as retail stores and wholesalers who engage in regular sales. In the event that a merchant sells a defective item, they bear the responsibility of repairing it.

Full Definition Of Merchant

A merchant is an individual who engages in the buying and selling of goods with the intention of making a profit. They possess a high level of expertise in the specific goods they deal with, which sets them apart from non-merchants. As a result, they bear the responsibility of ensuring that the goods they sell are of excellent quality and suitable for their intended purpose. For instance, a clothing store owner acts as a merchant by purchasing clothes from manufacturers and selling them to customers. They are expected to possess knowledge about the quality of the clothes they sell and ensure they meet the needs of their customers. Similarly, a car dealership serves as another example of a merchant. They acquire cars from manufacturers and sell them to customers, with the expectation of being knowledgeable about the features and quality of the vehicles they offer, as well as ensuring their safety and reliability for the customers who purchase them.

Merchant FAQ'S

Yes, merchants have the right to set their own policies regarding accepted forms of payment, as long as they comply with anti-discrimination laws.

Merchants are required to protect customer data and comply with data protection laws, such as the Payment Card Industry Data Security Standard (PCI DSS).

Yes, merchants can be held liable for selling defective products under product liability laws.

Merchants have the right to refuse service to a customer as long as it is not based on discriminatory reasons prohibited by law.

Merchants are required to comply with their own refund and exchange policies, as well as any applicable consumer protection laws.

Yes, merchants can be sued for false advertising if they make misleading or deceptive claims about their products or services.

Merchants have the right to dispute chargebacks and can seek legal recourse if they believe the chargeback is unjustified.

Merchants have a duty to maintain a safe environment for customers and can be held responsible for injuries that occur due to negligence.

Merchants can be held liable for employee misconduct if it occurs within the scope of their employment and causes harm to a customer or third party.

Merchants are required to collect and remit sales tax in accordance with state and local tax laws, and failure to do so can result in legal consequences.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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