Background E-commerce is transactions conducted via electronic means such as the internet, email and SMS. It is considered to be one of the most important aspects of the internet to appear. As a result, people are able to exchange goods and services immediately regardless of their geographic location and time. More and more businesses conduct transactions on line, with some trading purely on-line thus reducing overheads and administrative costs. There are two types of e-commerce, direct and indirect. Direct e-commerce is where services or goods can be delivered on line, such as music downloads. Indirect e-commerce is where goods and services ordered on line but delivered off-line, for example by post or courier. Whether direct or …show more content…
However, this rule is subject to a number of exceptions. Notably, the rule does not apply to some consumer contracts. These consumer contracts will be governed by the rules contained in ‘Brussels Regulation’ and ‘Rome Convention’ which are beyond the scope of this article. As the extent to which the consumer contracts exception would apply is still not very clear; businesses wishing to sell on-line to consumers of other EU countries are recommended by DTI to comply with that consumers’ country’s laws. Nevertheless, this rule may lead to an UK based business having advantages over their EU counterparts when selling on-line to businesses of the other EU country, for example, to businesses based in German where they are subject to more stringent laws regulating on-line trading and marketing. Information that must be provided Regulation 6 prescribes that all business websites whether or not trading on-line must list the following general information:- • Business name; • Business address which must be a geographic address, i.e. street number etc. In other words a PO Box address is not likely to be sufficient; but a registered office address would; • Other contact details such as email address and phone number; • Its registration number and registered office address if a company; • [Its place of registration if a company or a LLP. Please note this is a requirement under new regulations which were brought into force on the 1st January 2007 ]
E-commerce is the process of buying and selling of various products and services by businesses through the Internet. Primarily there are five types of ecommerce systems: Business to Consumer (B2C)
Having been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept
The UCTA 1977 was a primary legislative whereas the UTCCR 1999 are an implementation of the European Court’s Directive on Unfair terms in Consumer Contracts. Both the UCTA and UTCCR covered nearly all forms of contracts and one of their most important functions was limiting the applicability of
Form 10, the initial registration statement a company need in order to sell public securities
The Regulations apply, with certain exceptions, to unfair terms in contracts concluded between a consumer and a seller or supplier and provide that an unfair term is one which has not been individually
E-commerce Explain what is meant by the term ‘E-commerce’. It is the conducting of business communication and transactions over networks and through computers. As most restrictively defined, electronic commerce is the buying and selling of goods and services, and the transfer of funds, through digital communications. However EC also includes all inter-company and intra-company functions (such as marketing, finance, manufacturing, selling, and negotiation) that enable commerce and use electronic mail, EDI, file transfer, fax, video conferencing, workflow, or interaction with a remote computer. Electronic commerce also includes buying and selling over the Web, electronic funds transfer, smart cards, digital cash (e.g.
Term may be implied by custom. Here it is suggested that a contract must always be examined in the light of its surrounding commercial context. So the parties automatically assume that sometimes their contract will be subject to the customs of a particular locality or trade and therefore do not deal specifically with the matter in their contract. One of
Verboven’s (2009) discusses vertical restraints, concluding their necessity for efficient distribution, discussing how the European Commission has altered its interpretation of Article 81 overtime. Three types of restraint are highlighted: Selective distribution, Exclusive distribution and Exclusive dealing, and that restraint adoption depended on current levels of regulation. Verboven (2009) explains that vertical restraints became subjected to EU Competition Laws and due to ‘cumulative anti-competitive effects ’ were reformed, becoming stricter. By 2002, new block exemptions aimed to increase flexibility on acceptable agreements and that only Selective or Exclusive distribution can be applied, not both. Black clauses including Retail Price Maintenance (RPM) and passive selling outside of territories were listed. Nevertheless, post-2002 manufacturers were now allowed to make certain vertical agreements (excluding black clauses), assuring their market share was within the newly defined thresholds (in general 30%).
Even though the EU Regulation, under ART 288,EU law is directly applicable in host country, these three Articles full fill the first two conditions of the criteria i.e. Be clear and precise, Be unconditional. The third condition
Goldsport has already tough competition in the market, ‘Nikeplus’, this is an already established company in the UK. It is therefore very important that Goldsport emerges in the market with a product that has a unique selling point, otherwise, consumers will be tempted to think, “why should I buy Goldsport when I can buy Nike”, even if Goldspport is cheaper than Nikeplus. There needs to be some product differentiation that will make The SmartTrainer stand out. It is only through analysing the needs of consumers that Goldsport will be able to use the information to its advantage.
Due to uncertain and vagueness of Dassonville approach , Cassis de Dijon further extend the distinction between distinctly and indistinctly applicable measures. It’s likely the UK regulation is indistinctly applicable measures as the regulation seems to imply if modification made to ‘Konfekt’ products complying UK requirements it would be accepted in the UK market. In Finland the measures are likely indistinctly applicable as all other member states including Finland have to follow the national law but it’s indirectly discriminatory towards other member states as Finland seems to portray as a protectionist promoting their own national goods. Most importantly Cassis principle of presumption of mutual recognition is applicable where as long as one member state allow the goods to be market there is no reason that other member states not allowing it, citing Commission v Spain . Thus UK regulation would not be applicable if others member states allow ‘Konfekt’
With its almost recent ruling the Court of Justice of the European Union (hereinafter, CJEU) in the case of Jaouad El Majdoub has focused on the concept of 'click-wrapping ' agreement and its compatibility with Article 23(2) of the Brussels I Regulation. Exclusively, the question of whether the jurisdiction clauses which are incorporated within the general terms and conditions of the electronic contracts via 'click-wrapping ' method could be regarded as a durable record. The case that was referred for a preliminary ruling to the CJEU by the Landgricht Krefeld German Court was
The case brought between Paola Faccini Dori and Recreb Srl was brought before the Court in March 1992. The case was brought for a preliminary ruling under Article 177 of the EEC Treaty for the interpretation of Council directive 85/577/EEC. The directive is aimed at Consumer protections in contracts which are negotiated away from business premises (OJ 1985 L 372, pg. 31, hereinafter “the directive”). The main question was if the directive could be relied on in preceding’s between a trader and a consumer.
The Government has announced its plans regarding the extension of consumer protections against unfair contract terms to small businesses. The proposed changes are likely to impact on the way businesses contract with one another, especially in the "small business" arena. Businesses should be aware that a court could declare unfair terms of standard form small business contracts void.
Convenience or Burden. This form of a business is not a legal entity. For this reason, it is required to comply with minimum regulatory requirements.