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
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