If you trade online, you must be aware of the legal requirements imposed upon you or risk being penalised for failure to comply.
At Lupton Fawcett, we are fully knowledgeable on the legislation surrounding online trading and can tailor our approach based on your business’s requirements, putting into place the relevant policies to ensure your company is well protected from risk.
About E-Commerce Agreements
Trading online is one of the most efficient and beneficial means of getting goods and services to end users. To avoid difficulties it is vital that you adapt your terms and conditions to suit the online market and comply with the relevant legislation. This might include giving them the right to cancel a contract for certain goods within a cooling-off period.
All businesses should make their customers aware of who they are trading with and how to contact them, but a website should also contain guides on the following:
- The owner’s policies and terms regarding the authorised and acceptable use of the website by third parties
- The ownership and use of the intellectual property on the site; for example, images and other artwork
- How the user’s information will be held and processed by the owner
- The website’s cookies policy, including an option for the user to refuse consent of technical information
Other Online Agreements
We are able to provide advice and guidance on many other forms of IT and digital-related agreements, including:
- Data protection
- Domain name acquisitions, assignments and disputes
- Employee internet and email policies
- End-user licence agreements
- Privacy and cookies policies
- Website acceptable use policies
The e-commerce agreements team at Lupton Fawcett will work with your business to determine how your activities will be impacted by this area of law and help you find suitable solutions to any difficulties you may encounter.
We have experience drafting all types of commercial agreements, with a sound understanding of laws relating to online trading. So, whatever your requirements, we are confident we will have a solution for you. We can help you draft, implement and review arrangements, as well as help you come to a favourable solution if a dispute arises.
As a seller of goods, how can I protect myself should my customer become insolvent?
You could use what is commonly known as a retention of title clause. The object of such a clause is to give the seller of goods priority over secured and unsecured creditors if the buyer fails to pay for the goods because it is insolvent, or for some other reason that may be specified in the clause.
As with any other term, you must ensure that it is fully incorporated into the contracts that you enter into. Should a buyer be a company in administration then you would require the permission of the administrator or the court before you could repossess any goods that you had effectively retained title to.
Talk to Us
For assistance with complying to e-commerce and online legislation, get in touch with one of our Yorkshire offices by using the details below.
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