Colorado § 6-1-1401 - Definitions.

§ 6-1-1401. Definitions.

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.

Source: L. 2022: Entire part added, (HB 22-1099), ch. 21, p. 137, § 1, effective January 1, 2023.