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
International Women’s Day is not just another event in the calendar. Striving for social equality is a daily mission as we work towards building a society of gender equality.
Next in our series of ebriefings on the Government’s Green Paper: Transforming public procurement; looking at the Chapter 4 proposal to change the basis of contract awards.
The Academies Financial Handbook is updated annually by the Department for Education and the Education and Skills Funding Agency; it contains a number of governance requirements for academy trusts.
Supreme Court publishes key decision for those working in the UK’s gig economy.
The 'Chocolate Snowman Appeal' is an amazing initiative that Anthony Collins Solicitors' (ACS) employees take part in every year.
The Building Safety Bill (the Bill) is said to be the most significant and wide-ranging change to the regulatory environment for higher risk building (HRBs) for over 45 years.
On 4 November 2020, the Restriction of Public Exit Payments Regulations 2020 (the Regulations) came into force; exit payments for the public sector were capped at £95,000.
The case was brought by the Official Receiver who sought disqualification orders under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) against the seven trustees of Kids Company and its CEO. It illustrates well the tension between the role of a fulltime paid CEO of a large charity and the role of its board as voluntary trustees/directors.
At the end of 2020, The Charity Governance Code was updated or 'refreshed' as it is termed on its website.
Anthony Collins Solicitors is today (Thursday 11 February) revealing the scale of its social impact during 2020.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.