0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

the Christmas boom – or bust?

12 October 2012

The Office of Fair Trading (OFT) has written to 62 retailers after checks of retail websites found breaches of consumer law including:

  1. Charges being added without prior warning at checkout;
  2. Inaccurate information on consumer rights e.g. that returned goods must be in their original packaging in order to claim a refund; and
  3. A failure to clearly set out the retailer’s contact details on the website.

This report shows that regulators do take an active interest in retail sales material. Companies should make sure they are aware of, and up to date, on consumer protection law. All online retailers are encouraged to check their websites before the Christmas boom. A failure to remedy problems may result in formal enforcement action by the OFT or Trading Standards.

Consumers need to be confident that their rights are being respected when they shop online. Failure to comply may result in non-compliant retailers facing the unwelcome risk of being ‘named and shamed’ in the run up to Christmas!

related opinions

Equal pay at ASDA stores - appeal to the Supreme Court unsuccessful

35,000 workers working in ASDA’s retail business sought to compare themselves to workers at distribution depots for equal pay purposes. Find out more about this Employment Appeal Tribunal.

View blog

Service charges – the bad news keeps coming for tenants!

A few months ago, we discussed a case where the Court of Appeal ruled that the wording of a lease precluded the tenant from arguing that certain costs should not have been included in the service charge calculation. A recent high-profile case concerns a broadly similar issue, this time in relation to the proportion of the landlord’s costs payable by a tenant.

View blog

A landlord’s service charge certificate was conclusive as to the sums payable by a tenant under a lease

The Court of Appeal has ruled that the wording of a service charge clause precluded a tenant from challenging the sums claimed by a landlord.

View blog

Handing back an empty shell of a building did not fulfil a vacant possession break condition

Break rights have proved a fertile source of litigation over the last few years. Courts have consistently required strict compliance with the terms of those rights.

View blog

mailing list sign up

Select which mailings you would like to receive from us.

Sign up