Whether you’re selling goods or services to businesses or individuals, you must include a clear and accurate description of what you intend to deliver. Not only will this ensure you comply with relevant legislation*, but accurate descriptions will help you confirm whether the customer has given you the right instructions and allow you scope to extend the price if those instructions change over time, limiting any project creep.
When you are marketing your goods or services, there are regulations** that prevent you from giving misleading information or applying aggressive sales tactics. This includes making sure you are delivering the goods or services you advertise for sale.
The Advertising Standards Agency has highlighted a few cases where organisations have fallen short of complying with their obligations:
Failure to accurately describe your goods or services could give rise to a claim for breach of contract and, particularly in the case of consumers, a right to repeat performance or a full refund. False advertising can give rise to sanctions and damage your customer relationships, creating a significant, negative impact on your reputation.
It is particularly important to be aware of services that could fall within a regulatory scheme. Based on your current marketing materials and terms of business, do you need to register with the regulator? Are you aware of law and regulations that might apply to your business activities? Do you need to update the descriptions of your goods or services to ensure they are accurate and fall outside the scope of regulation?
If you would like to discuss your current terms of business, please contact Emma Watt.
*Supply of Goods and Services Act 1982 and Consumer Act 2015
**Business Protection from Misleading Marketing Regulations 2008 and Consumer Protection from Unfair Trading Regulations 2008
The monthly round-up from the Anthony Collins Solicitors charities team.
In this ebriefing, we identify what we see as the key messages arising from recent prosecutions in the care and housing sectors.
A recent High Court case on costs could prove essential reading for clients who have cases in the magistrates' courts.
The employment and pensions team offer practical advice on whistleblowing.
Partners, David Alcock and Sarah Patrice, have been involved in reviewing the new Code of Governance for community-led housing, published on 21 May 2021 by the Confederation for Coop Housing.
Following the eviction ban being lifted on 31 May 2021 and further to our previous ebriefing, the new notice of seeking possession forms are now available on the Government website as Word versions.
The European Court of Justice's standpoint on the Wiener Wohnen landowning developer case, and how the level of influence over the work did not amount to a decisive influence.
The Law Commission's Technical Issues in Charity Law report revealed that many charities struggle with a range of technical issue in the law.
The Law Commission recommended four key changes to the law in respect of mergers and the incorporation of charities which we have detailed in this ebriefing.
Over the last few weeks, we have published individual ebriefings on some of the key changes to be implemented following the Government’s response to the Law Commission’s report.
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