Contracts with Consumers
Contracts can be complicated. If you are providing goods or service to consumers using a web site or application, take care if you intend to change the functionality.
Under the Sale and Supply of Goods Act 1994, when a consumer buys goods they form a legally binding contract. The goods have to match the description, be of satisfactory quality and be fit-for-purpose. Functionality changes might be seen as it may no longer be as described, or fit for the same purpose. Even something as basic as how long data will be kept, could lead to problems, and needs to be spelled out in customer agreements up front.
If you try to dilute these rights in your own web site terms or terms for the supply of goods and services, you might fall foul of the Unfair Terms in Consumer Contracts Regulations 1999. Also check you comply with the Distance Selling Regulations.
I'm afraid it really is one of those areas you need legal advice. Don't just copy someone else's terms and conditions, and be careful how disputes are dealt with.
Posted on: 14 September 2010 at 08:40 hrs
Comments are filtered automatically and should appear shortly after they been checked.