I want my postage back! Delivery Charge refunds under Distance Selling Regulations

The Distance Selling Regulations have been in force for almost 10 years now, but some thorny issues keep coming up. And whether or not retailers are required to refund delivery charges appears to be one of them, following an investigation carried out by the BBC.

General election manifestos and supermarket regulation - a 'blow' for democracy?

Last week, the Labour Party, Conservatives and the Liberal Democrats rolled out their manifestos ahead of the general election on 6 May 2010.

Each manifesto alludes to the GSCOP which came into force on 4 February 2010 through The Groceries (Supply Chain Practices) Market Investigation Order 2009.

The Late Payment of Commercial Debts Act - what constitutes "substantial"?

Many contracts contain provisions which allow the supplier of goods or services to charge interest if they are not paid in time - a right which in the current economic climate might be getting more attention than usual.

Before you charge in - part 3. Entire agreement clauses - how effective are they?

When negotiating a contract, should you be including an entire agreement clause? If so, how do you make sure it does what you want it to?

Through the Looking Glass: make sure your liability clause means what you want it to mean

"When I use a word," Humpty Dumpty said in a rather scornful tone, "it means just what I choose it to mean, neither more nor less" (Lewis Carroll, Alice, Through the Looking Glass).

Consultation on supermarket regulator

The Groceries (Supply Chain Practices Market Investigation) Order 2009 (GSCOP) came into effect on 4 February 2010. The Order requires certain supermarkets to have written terms with the majority of their suppliers of goods for resale in place.

Before you charge in - part 2. Governing law and jurisdiction - how to save yourself a headache at the outset

Any contract of substance, and certainly one with an international element, should contain both a governing law and a jurisdiction clause. Consider the following tips on what to think about when drafting these clauses.

Terms to be imposed into supplier:retailer grocery contracts

On 4 February 2010 the Groceries (Supply Chain Practices Market Investigation) Order 2009 (the Order) comes into effect.

Before you charge in - part 1. Commercial agents - the essentials and what happens upon termination

In this alert, Wragge & Co's dispute resolution experts set out some of the essential terms of commercial agents' contracts in the European Economic Area (EEA), focusing particularly upon the UK.

Expand your business - The Provision of Service Regulations 2009

The Provision of Service Regulations 2009 are due to come into force on the 28 December 2009. The Regulations implement the Services Directive into the UK and affects almost all businesses that provide services within the European Economic Area (EEA).

Arbitration agreements - wording required to exclude a right of appeal on a point of law

A recent decision in the Commercial Court considered the extent to which the words "final, conclusive and binding" can be construed as excluding a right of appeal on a point of law under section 69 of the Arbitration Act 1996 ("the 1996 Act").

Response from Wragge & Co LLP to the Consultation on the Review of the Vertical Restraints Block Exemption Regulation and Guidelines

Wragge & Co has provided comments on the European Commission's consultation on the draft vertical restraints block exemption and draft guidelines on supply and distribution agreements.

Does the use of another trade mark as internet keyword infringe? The Advocate General doesn't think so

In an opinion which many may find quite political, Advocate General Poiares Maduro has delivered his views to the European Court of Justice (ECJ) in the Google AdWords references.

Product placement - UK ban set to be lifted

In a dramatic U-turn, the Government announced that it will consult again on the issue of product placement. Speaking at the Royal Television Society's Cambridge Convention, Ben Bradshaw gave new hope to advertisers and commercial broadcasters alike.

Incorporate amended legislation

When legislation is referred to in an agreement, the parties need to ensure that this reference will automatically update as changes are made to the legislation. Contracts need to include specific wording to allow this to happen.

New powers of Information Commissioner push data protection up the risk register

Until now the Information Commissioner's Office (ICO) could only envy other regulators with powers to impose fines and conduct audits. This is changing and the ICO will soon be empowered to conduct audits and issue fines.

OGC Two Point Three

The Office of Government Commerce launched the new OGC Model ICT Services Agreement Version 2.3 on 6 August, replacing last year's Version 2.2.1.

Foxtons outfoxed: OFT wins ruling against unfair standard terms aimed at consumers

A recent case has served as a useful reminder of the importance of ensuring consumer contracts are fair and in plain English. In Office of Fair Trading v Foxtons Ltd [2009] EWHC 1681 (Ch), the High Court has ruled in favour of the Office of Fair Trading.

Make sure you exclude the implied conditions!

Sellers will normally exclude all implied warranties, such as satisfactory quality. You should check that your drafting excluding implied terms is correct.

Government widens trade credit insurance scheme

The Government has widened its £5 billion trade credit insurance scheme meaning that more companies can now purchase 'top-up' cover.

Help is at hand: New BSI standard for data protection

Following a three-month consultation with the industry, government, academia and consumers, but not the Information Commissioner's Office (ICO), on Tuesday 2 June BSI launched the first British Standard relating to personal data management.

High Court not amused by deliberate wrongdoing

Two recent High Court cases have demonstrated the contractual impact an act of deliberate wrongdoing can have.

Poor Phorm - the UK Government in legal hot water

The European Commission has launched proceedings against the UK Government for alleged infringement of data privacy laws in connection with Phorm, the controversial advertising platform.

Government unveils new trade credit insurance scheme

A £5 billion initiative, unveiled as part of Wednesday's Budget, will enable companies which have had their trade credit insurance cover reduced by traditional providers to purchase 'top-up' credit insurance from the Government.

The high street fights back - eBay censured by ASA

The Advertising Standards Authority (ASA) has banned a poster advert for eBay which claimed that the online retailer was "25% cheaper than the high street on brand new items."

ICO guidance on monitoring and enforcing compliance with model publication scheme

The Information Commissioner's Office has issued a notice setting out how it will monitor and enforce the adoption by public authorities of the new model publication scheme to comply with their obligations under the Freedom of Information Act.

Now for the science bit... ASA Olay adjudication

The Advertising Standards Agency has this week banned an Olay Regenerist skincare cream TV advert. The ruling should ring alarm bells for all advertisers relying on trial or survey data to support their marketing claims.

Litigation survival guide - part 3. Retention of title: sellers beware!

With the effect of the global credit crunch hitting national and international trade, sellers should take a close look at their standard terms and conditions of sale to ensure that they have a valid retention of title (ROT) clause.

Waiving goodbye to a 'no-waiver clause'?

A party with the right to terminate an agreement for the other party's breach can lose that right even if that agreement contains a "no-waiver clause".

Litigation survival guide - part 2. Keep your friends close, keep your suppliers/customers closer - avoiding problems in the supply chain

Surviving the economic downturn is not just about looking after your own business. Monitoring the performance of significant customers/suppliers can be crucial to your financial performance.

Low fat, high risk? BCAP consultation on nutrition and health claims

The Nutrition and Health Claims Regulations 1925/2006, effective from 1 July 2007, are the first piece of specific legislation that places controls on the use of nutrition and health claims in the advertising and labelling of foods.

Litigation survival guide - part 1. Escape to victory: points to consider when terminating a contract

For a number of reasons you may wish to consider whether you can terminate a contractual relationship you have entered into. During periods of economic downturn the instances of this are greater.

Access to information

The Information Commissioner has issued technical guidance clarifying how Schedule 12A and section 100 of the Local Government Act 1972 (LGA) operate alongside the Data Protection Act 1998 (DPA) and the Freedom of Information Act 2000 (FOIA).

Data handling guidelines for local government

Data security breaches can strike any type of organisation at any time. Many local authorities are now giving this area of compliance more scrutiny than in the past.

Olympics update - a round-up of all the latest news

Wragge & Co's latest round-up of Olympic news has a strong focus on the energy resources which will be powering the Games.

Personal data security breach checklist

Is all publicity good publicity? Organisations that have come under the media spotlight for losing personal data might not agree.

Marks, set, ambush - associating your brand with the Olympics

Thanks to Team GB's Beijing medal bonanza and the official handover to London as the next host city, the Olympic Games has dominated the news over the last few weeks.

Ryanair threatens to cancel scraped flights: how the way a contract comes into being affects its enforceability

Ryanair has announced that it intends to cancel all flight tickets which have not been purchased directly from its website www.ryanair.com or call centre.

Data Protection reforms abound

Following the release of the Data Sharing Review, the UK's Information Commissioner Richard Thomas has continued to criticise the European Data Protection Directive (95/46/EC). He has referred to it as out of date, bureaucratic and in dire need of reform.

Profit warning - when is loss of profit too remote to recover?

Liability clauses – can't live with them, can't live without them. But as time, and practice, goes on, they become more and more complex. So, it is becoming increasingly important to explain the likely interpretations of the phrases used.

Last chance for product placement - consultation now open

The Department for Culture, Media and Sport opened up a consultation yesterday on the implementation of the Audiovisual Media Service Directive.

Comparing complex services - Orange ad should have disclosed the sweet and the sour

The Advertising Standards Authority has banned an Orange 'Home Max' broadband and telephone package advert featured in national and regional press.

Shake-up for the data protection regime...

The Data Sharing Review, published on 11 July, potentially marks the start of a comprehensive review of data protection law and practice in the UK. If the authors have their way, it could also spark off a review of EU law.

New rules for advertisers

The Committee for Advertising Practice (CAP) is looking to update its advertising codes to reflect new law. But has it gone too far, or not far enough?

New Guidance on Data Protection Issues & TUPE Transfers

The Information Commissioners Office (ICO) has finally published new guidance on data protection issues & TUPE transfers. Wragge & Co's legal experts tell you what you need to know.

The UK: no place for product placement?

The UK Government shocked advertisers yesterday by announcing that it will exercise its option under the new Audio-Visual Media Services Directive not to allow product placement to appear on British television.

Incoterms review

Ex-works, Free Carrier (FCA), Free on Board (FOB) and Delivered Duty Paid (DDP) are all examples of International Commercial Terms (Incoterms).

Getting to know you...

Pre-employment verification checks are on the increase. Action Against Business Crime (AABC) has launched a new service for retailers to help them carry out these checks.

RFID - tracking privacy through the process

The retail applications for Radio Frequency Identification (RFID) – ranging from general inventory management and improving customer service to the development of item level remote tracking - has the potential to revolutionise the shopping experience.

Government announces broad review of consumer law

The Government has announced a broad review of consumer law.

Is that exclusion clause enforceable?

The Court of Appeal has reversed an earlier court decision which refused to allow a party to rely on an exclusion clause contained in its standard terms of business. Read our expert analysis of the case.

Update your business - unfair trading law changes

Sales and marketing departments watch out – the revised Consumer Protection from Unfair Trading Regulations will now come into force on 26 May 2008. This new date gives traders much needed extra time to get their houses in order.

Freedom of information

It has been a challenging year in the world of freedom of information, with failed attempts to exempt MPs from its ambit and revise the fees regulations. The Act is here to stay and it looks like it is about to dig even deeper.

Consumer Protection Regulations: Are they fair trade?

Caught on camera - New CCTV Code of Practice out today

As public awareness of rights under Data Protection legislation increases, those who use CCTV should be aware of the appropriateness of their use of CCTV and their handling and storage of the data and images it produces.

Extension of Freedom of Information Act to private sector?

'Co-dependent' schools - when is an information exchange permissible?

A guide to successful outsourcing: Key Initial Issues