Consumer Protection Regulations 2000
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Consumer Protection Regulations 2000
The Consumer Protection (Distance Selling) Regulations 2000 (totally repealed in June 2014 by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which in many respects are however similar regulations), Statutory Instrument 2000/2334, implementsEnacted pursuant to European Communities Act 1972 European Directivebr>97/7/ECas UK law.By Regulation 3(2) it is implied they apply in Scotland, and by 1(2) they are expressly extended to Northern Ireland. They apply to contracts "concluded between a supplier and a consumer under an organised distance sales or services provision scheme run by the supplier who, for the purposes of the contract, makes use of one or more means of distance communication" up to and including the moment the contract is agreed.Reg 3(1) The legislation provides rights to the consumer and obligations which the seller must fulfill. Typical cases where the Regulations apply include goods or services ordered by telephone or over th ...
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Consumer Contracts (Information, Cancellation And Additional Charges) Regulations 2013
A consumer is a person or a group who intends to order, or uses purchased goods, products, or services primarily for personal, social, family, household and similar needs, who is not directly related to entrepreneurial or business activities. The term most commonly refers to a person who purchases goods and services for personal use. Consumer rights “Consumers, by definition, include us all," said President John F. Kennedy, offering his definition to the United States Congress on March 15, 1962. This speech became the basis for the creation of World Consumer Rights Day, now celebrated on March 15. In his speech : John Fitzgerald Kennedy outlined the integral responsibility to consumers from their respective governments to help exercise consumers' rights, including: *The right to safety: To be protected against the marketing of goods that are hazardous to health or life. *The right to be informed: To be protected against fraudulent, deceitful, or grossly misleading informatio ...
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Unsolicited Goods Act 1971
Unsolicited goods are, in British law, goods delivered to an individual with a view to the individual acquiring them, but where the individual has no reasonable cause to believe that they were delivered for legitimate business and had not previously agreed to acquire them. These were regulated under the Unsolicited Goods Act 1971 but the Consumer Protection (Distance Selling) Regulations 2000 are stricter in every respect rendering the 1971 Act largely redundant from a consumer law perspective, although there is no express repeal. However the said distance selling regulations only apply to consumers so a business receiving the goods on an unsolicited basis would need to look at the 1971 Act. Also with effect from 14 June 2014 the distance regulations are replaced by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which include a new s 29A added to the Consumer Protection from Unfair Trading Regulations 2008 making it clear the consumer m ...
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English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ...
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Unfair Terms In Consumer Contracts Regulations 1999
The Unfair Terms in Consumer Contracts Regulations 1999SI 1999/2083 is an old UK statutory instrument, which had implemented the EU (then EEC) Unfair Consumer Contract Terms Directivebr>93/13/EECinto domestic law.Implemented under the European Communities Act 1972. See also, (1993) L95 OJ 29. It replaced an earlier version of similar regulations,See The Unfair Terms in Consumer Contracts Regulations 1994 and overlaps considerably with the Unfair Contract Terms Act 1977. It was superseded by the Consumer Rights Act 2015, which regulates unfair terms in consumer contracts in English contract law. Overview The scope of the Directive is rather limited, seeking merely to harmonise rather basic consumer rights across the EU. In the UK, these 1999 Regulations work to render ineffective terms that benefit seller or suppliers against the interests of consumers. They also have provisions specifically covering standard form contracts. The Regulations overlap somewhat with the Unfair C ...
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Supply Of Goods And Services Act 1982
The Supply of Goods and Services Act 1982c 29 is an Act of the Parliament of the United Kingdom that requires traders to provide services to a proper standard of workmanship ("''with reasonable care and skill''"). Furthermore, if a definite completion date or a price has not been fixed then the work must be completed within a reasonable time and for a reasonable charge. The Act was partially superseded by the Consumer Rights Act 2015, insofar as that Act applies, i.e. between trader and consumers, for contracts entered into from 1 October 2015. The Supply of Goods and Services Act 1982 as amended remains in force in England, Wales, Northern Ireland; only Part IA of the Act, which creates provisions analogous to Part I of the Act, and Part III, which deals with the Act's commencement etc., apply in Scotland. Overview Parts 1 and 1A (Scotland) relate to goods. The Act applies to ''"relevant contracts for the transfer of goods"'', being those where one person agrees to transfer prope ...
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Electronic Commerce Regulations 2002
The Electronic Commerce (EC Directive) Regulations 2002, SI 2002/2013, incorporates the EU Electronic Commerce Directive 2000/31/EC into the law of the United Kingdom. Enacted pursuant to European Communities Act 1972 They apply to contracts concluded by electronic means over distance whereby the buyer is a consumer. This subordinate legislation provides for rights of the consumer and provisions for which the seller is obliged to fulfill. Definition of a consumer A Consumer is a "natural person who is acting for the purposes other than those of his trade, business or profession."reg 2(1). The definition is slightly broader than that for the purposes of the Unfair Contract Terms Act 1977 as the subjective requirement of ''the person not regarding themselves as acting in the course of a business'', therefore one may be a consumer if using a company account or using business details for tax purposes. Obligations imposed upon the seller Before the contract is formed, the seller mus ...
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Litigate
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party in a ...
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Office Of Fair Trading
The Office of Fair Trading (OFT) was a non-ministerial government department of the United Kingdom, established by the Fair Trading Act 1973, which enforced both consumer protection and competition law, acting as the United Kingdom's economic regulator. The OFT's goal was to make markets work well for consumers, ensuring vigorous competition between fair dealing businesses and prohibiting unfair practices such as rogue trading, scams, and cartels. Its role was modified and its powers changed with the Enterprise Act 2002. The Department for Business, Innovation and Skills (BIS) announced reforms to the consumer protection and competition regimes. Under the provisions of the Enterprise and Regulatory Reform Act 2013, the Competition and Markets Authority (CMA) was established on 1 April 2014, combining many of the functions of the OFT and the Competition Commission and superseding both. Regulation for the consumer credit industry passed from the OFT to the new Financial Conduc ...
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Auction
An auction is usually a process of buying and selling goods or services by offering them up for bids, taking bids, and then selling the item to the highest bidder or buying the item from the lowest bidder. Some exceptions to this definition exist and are described in the section about different types. The branch of economic theory dealing with auction types and participants' behavior in auctions is called auction theory. The open ascending price auction is arguably the most common form of auction and has been used throughout history. Participants bid openly against one another, with each subsequent bid being higher than the previous bid. An auctioneer may announce prices, while bidders submit bids vocally or electronically. Auctions are applied for trade in diverse contexts. These contexts include antiques, paintings, rare collectibles, expensive wines, commodities, livestock, radio spectrum, used cars, real estate, online advertising, vacation packages, emission trading, a ...
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Payphone
A payphone (alternative spelling: pay phone) is typically a coin-operated public telephone, often located in a telephone booth or in high-traffic outdoor areas, with prepayment by inserting money (usually coins) or by billing a credit or debit card, or a telephone card. Prepaid calling cards also facilitate establishing a call by first calling the provided toll-free telephone number, entering the card account number and PIN, then the desired telephone number. An equipment usage fee may be charged as additional units, minutes or tariff fee to the collect/third-party, debit, credit, telephone or prepaid calling card when used at payphones. By agreement with the landlord, either the phone company pays rent for the location and keeps the revenue, or the landlord pays rent for the phone and shares the revenue. Before the ubiquity of mobile phones, payphones were often found in public places to contribute to the notion of universal access to basic communication services. In the late ...
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Telecommunications Operator
A telephone company, also known as a telco, telephone service provider, or telecommunications operator, is a kind of communications service provider (CSP), more precisely a telecommunications service provider (TSP), that provides telecommunications services such as telephony and data communications access. Many telephone companies were at one time government agencies or privately owned but state-regulated monopolies. The government agencies are often referred to, primarily in Europe, as PTTs (postal, telegraph and telephone services). Telephone companies are common carriers, and in the United States are also called local exchange carriers. With the advent of mobile telephony, telephone companies now include wireless carriers, or mobile network operators. Most telephone companies now also function as internet service providers (ISPs), and the distinction between a telephone company and an ISP may disappear completely over time, as the current trend for supplier convergence in t ...
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