UNFAIR TERMS
Part of the background to this is that in Europe (including the UK) it is a legal requirement for contracts with consumers to be in clear, intelligible language, and terms that are unfair as being against the interests of consumers (except “core” terms such as prices) can be held invalid. Further information on unfair terms is available at
www.oft.gov.uk.
RETURNS AND CANCELLATION POLICY
Consumers also have special legal protection in cases of “distance selling”, which applies whenever they buy anything or enter into any legal commitment otherwise than on retail premises. This includes e-commerce through a website, and email or telephone sales. The Distance Selling Regulations require specific information to be provided, and the consumer has a “cooling off” period of seven working days within which to withdraw and have their money paid back. The effect of this is that if you are doing business online, your Returns and Cancellation Policy will need to be carefully looked at.
COMPANY INFORMATION IF A LIMITED COMPANY
The E-Commerce Regulations require names, addresses, VAT number and contact details to be provided for all sales to consumers on the internet, or by e-mail or text message. In addition, limited companies must show their full company name, place of registration (e.g. England and Wales), registered number and registered office address.
Government websites such as
www.berr.gov.uk/files/file14635.pdf can
tell you more about how these regulations may apply to you. JURISDICTION/LAW
One of the fundamental advantages of e-commerce is its global dimension. Yet this quality, which cuts across territorial borders involving a multiplicity of laws around the world, can create legal difficulties.
Trading on the Internet can expose a
business to legal risks in a number of countries. In case of doubt, it is always advisable to seek local legal advice in any country where there may be a risk. It may also be advisable to have separate sections of a site specifically aimed at such jurisdictions, suitably edited for legal purposes.
DOMAIN NAMES AND TRADE MARKS
Trade mark registration is a key part of a business’s legal protection. Equally important is getting hold of the domain name registrations that you need online. The two systems work in parallel. You probably already know that there are a number of different types of domain - .com/.net/.org./.biz/
.co.uk etc. Generally the .com/
.co.uk tend to be the most popular, but there is no reason why you should not choose whatever works best for you (or whatever is available). There are many registrars where you can purchase domains from around £5-£20 per year). One of
www.fashionfringe.co.uk
DAVENPORT LYONS
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