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ARCHIVED This Checklist is archived and no longer maintained or updated at present. For insight and information into how IP completion day affects consumer protection and developments in this area, consult the Practice Note titled What does IP completion day mean for consumer protection? This Checklist outlines key points for businesses to consider regarding Brexit and its implications for consumer protection, should the ‘no deal’ consumer regulations take effect following the implementation period, although much of its content will remain pertinent to businesses regardless of the eventual position taken. Use it alongside the companion Practice Note: Brexit—consumer protection [Archived], which examines in detail Brexit’s effect on consumer protection, particularly within the framework of regulating business-to-consumer (B2C) contractual relationships and trading practices, as well as enforcement and consumer remedies. It addresses the principal issues, the steps taken by the government in the run-up to exit day and afterwards (including discussion of the ‘no deal’ consumer regulations mentioned below), the implications for UK consumers and for businesses, and other key developments...
This Checklist highlights the key considerations when creating or revising online terms and conditions for delivering digital content to consumers. It is intended for use where a lawyer needs to ensure those terms and conditions meet consumer protection law (and any accompanying guidance)... Use this Checklist alongside: Key consumer information requirements—checklist Information requirements under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—checklist Consumer cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—Digital Content—Flowchart General information to be disclosed by e-commerce websites Drafting consumer contracts—checklist For insight into the principal legal points to address when planning and building a business-to-consumer (B2C) e-commerce site for trading with consumers, see Practice Note: Business to consumer e-commerce—legal issues... Introduction Businesses selling to consumers face more stringent legislative obligations and therefore must scrutinise their terms and conditions, as well as their marketing communications, with particular care...
This Checklist outlines the core considerations when creating or updating online terms and conditions for supplying goods to consumers. It is aimed at lawyers seeking to confirm that those terms comply with consumer protection legislation and any related guidance... Use this Checklist in conjunction with: Key consumer information requirements—checklist Information requirements under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—checklist Consumer cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—Goods—Flowchart General information to be disclosed by e-commerce websites—checklist Drafting consumer contracts—checklist For a discussion of the principal legal issues when designing and developing a business-to-consumer (B2C) e-commerce website for trading with consumers, see Practice Note: Business to consumer e-commerce—legal issues... Introduction Businesses that trade with consumers face more demanding legislative requirements and must therefore scrutinise their terms and conditions, as well as their marketing materials...
Mergers CMA unconditionally approves T&L Sugars/Tereos merger after phase 2 The CMA published the final report from its phase 2 inquiry into the expected purchase by T&L Sugars Limited (TLS) of the UK packaging and distribution site and business-to-consumer (B2C) operations (the Target) of Tereos United Kingdom and Ireland Limited, from Tereos SCA (Tereos)...
Mergers Spreadex/Sporting Index referred to phase 2 The CMA has referred to phase 2 the completed purchase by Spreadex Limited (Spreadex) of the business-to-consumer (B2C) arm of Sporting Index Limited (Sporting Index). Spreadex and Sporting Index both deliver online fixed odds betting and online sports spread betting services to customers in the UK. Spreadex is additionally involved in financial spread betting as well as casino betting...
In this issue: UK mergers UK antitrust UK private actions UK competition policy UK market studies EU state aid Russia’s war against Ukraine LexTalk®Competition: a Lexis®Nexis community Daily and weekly news alerts New and updated content Caselex UK mergers Spreadex/Sporting Index referred to phase 2 The CMA has referred to phase 2 the completed purchase by Spreadex Limited (Spreadex) of the business-to-consumer (B2C) operation of Sporting Index Limited (Sporting Index). Both businesses offer UK customers online fixed-odds betting and online sports spread betting, while Spreadex also provides financial spread betting and casino betting. On 11 April 2024, the CMA confirmed the deal met the threshold for an in-depth investigation. During phase 1, the authority concluded the merger gives rise to an SLC owing to horizontal unilateral effects in the UK supply of licensed online sports spread betting. Notably, the CMA considered that the transaction may have led to a monopoly by eliminating...
This Practice Note outlines Directive (EU) 2019/770 (OJ L 136/1) on certain aspects of contracts for the supply of digital content and digital services—the EU Digital Content Directive (EU DCD)—brought in as part of the European Commission’s Digital Single Market strategy. The EU DCD sets out a range of consumer rights and remedies for business-to-consumer (B2C) agreements covering digital content or digital services, and is complemented by Directive (EU) 2019/771 (OJ L 136/28) on certain aspects concerning contracts for the sale of goods, the EU Sale of Goods Directive (EU SGD). For more on the EU SGD, see Practice Note: The EU Sale of Goods Directive. The EU DCD entered into force on 11 June 2019. EU Member States had to adopt and publish the measures needed to comply by 1 July 2021 and to apply them from 1 January 2022. The national transposition measures can be viewed on the EUR-Lex website. Key information EU Digital Content Directive title: Directive (EU) 2019/770 of the...
ARCHIVED: This Practice Note is archived and no longer updated. It examines the impact of Brexit on consumer protection, reflecting developments up to 6 January 2021. For information on the effect of IP completion day on consumer protection, and for developments in this area, see Practice Note: What does IP completion day mean for consumer protection? The Note explores Brexit’s implications for consumer protection, with particular regard to regulating business-to-consumer (B2C) contracts and trading conduct, as well as enforcement and consumer remedies. It also addresses enforcement mechanisms and the avenues of redress open to consumers. Consumer protection law in the UK stems in part from EU law and in part from domestic UK law. In many respects, the immediate effects of Brexit have been muted in consumer protection, given the EU’s regulatory fragmentation and the fact that EU Member States routinely navigate bespoke requirements in cross-border contexts, especially for cross-border transactions. That said, consumers—and therefore businesses—have nonetheless experienced some impact...
Practice Note This Practice Note highlights some of the principal legal considerations to bear in mind when engaging in online trade with consumers. The term ‘consumer’ varies across statutes, yet typically denotes a natural person acting for reasons wholly or chiefly beyond that person’s trade, business, craft or profession. Broad commercial law topics—such as the state of goods, standard of services, competition, and taxation—are not examined in depth in this Practice Note. Additional legal obligations may influence particular online ventures depending on sector-specific regimes or the nature of the goods or services offered (eg rules relevant to financial services, consumer credit, ticket sales or resales, unsolicited products, auctions, gambling, or online pornography); where pertinent, these should be reviewed and likewise fall outside the scope of this Practice Note. For guidance and commentary on business-to-business (B2B) e‑commerce, consult Practice Note: Business to business e‑commerce—legal issues. This Practice Note includes references to assimilated law. Assimilated law is the term applied to retained EU law (‘REUL’) that continues to have effect after...
Before purchasing anything on our website, please read these important terms and conditions and ensure they include everything you expect and nothing you are unwilling to accept. Summary of some of your key rights: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 state that, in most cases, you can change your mind within 14 days of receiving your goods and receive a full refund. The Consumer Rights Act 2015 requires goods to be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product, you are entitled to the following: up to 30 days: if your goods are faulty, you can get a refund; up to six months: if repair or replacement is not possible, you are entitled to a full refund in most cases; up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back. This is a summary...
Cancellation clauses—doorstep or distance sales contracts 1 Right to cancel 1.1 You are entitled to cancel this contract within 14 days without stating any reason. [ However, for certain goods you do not have the right to cancel, or you may lose that right in specific circumstances. This is explained further in clause 1.6 below. ] 1.2 [ The cancellation period will end 14 days after the day on which you receive, or a person you nominate receives, [ the goods OR the last good OR the last lot or piece OR the first good ] . OR 1.3 The cancellation period will end 14 days after the day on which you receive, or a person you nominate receives: 1.3.1 the goods (unless one of the options below applies to your order); or 1.3.2 the last good (if you ordered multiple goods in a single order and they are delivered separately); or 1.3.3 the last lot...
Please carefully review these important terms and conditions before purchasing from our catalogue and ensure they include everything you expect and nothing you would refuse to accept. Summary of some of your key rights: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 state that, in most situations, you have 14 days from the day you receive your items to change your mind and obtain a full refund. The Consumer Rights Act 2015 requires goods to match their description, be suitable for their intended use and be of satisfactory quality. Across the anticipated lifespan of your purchase, you are entitled to: up to 30 days: if your goods are faulty, you can claim a refund; up to six months: if repair or replacement is not possible, in most cases you are due a full refund; up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back; ...
Automatic renewal clauses Automatic renewal clauses may present in various formats to the following overall effect: open-ended contract subject to notice—“This Agreement will remain in force for a term of [three] years from the commencement date...”