Business parties typically have the freedom to decide the terms and conditions when writing international commercial contracts. The problem is that disputes arise more often than not, which can lead to litigation, arbitration or other forms of dispute resolution involving such agreements.
If you’ve decided to offer gift cards on your website, you’re not alone. The gift card industry in Europe was valued at $140.1 billion in 2021 and is expected to grow fourfold by 2032, a 12.4% compound annual growth rate. Closed-loop gift cards, which are limited to purchasing good and services at the merchant listed on the card, are a terrific way to gain new business and increase sales. Open-loop gift cards offer…
Gift cards are popular with consumers for many reasons. They are easy, last-minute gifts that let the recipient choose something they want. But imagine the following scenario: you order a gift card for your niece at her favourite store. You brag to your sister about it only to find out that the store was last year’s news. She’s moved on to the latest influencer-inspired trend. To be the cool Aunt, you want to return the gift card, so you can buy her one at her new favourite store. As you bought the card online in the EU, you have 14 days to change your mind. So, what do you need to know as a business about the right of withdrawal for gift cards?
11 Feb: EU’s Digital Services Act (DSA): the upcoming obligation to publish number of active recipients in the EU
The EU’s Digital Services Act (DSA) came into force on 16 November 2022. In our previous article on the topic, we introduced some of the key requirements of this new legislation affecting online service providers in the EU. While most of the DSA’s obligations will only start to apply from 17 February 2024, specific transparency obligations will already come into effect from 2023. In this article, we look at this upcoming DSA deadline and outline what it means for online businesses in the EU.
One of the key provisions introduced by PSD2 was a set of security requirements for electronic payment processing, which includes the so-called “strong customer authentication” (SCA). SCA rules have a significant impact on the lives of online businesses and consumers.
15 Dec: Key points to consider when drafting general terms and conditions of sale for your e-commerce business
One of the key documents for any online business is a good set of general terms and conditions of sale. These are the rules that apply to your agreement with your customers which will help them know where they stand and also protect your business.
Choosing a good partner is crucial to the success of any outsourcing initiative. In some ways, it can be like a marriage. You look for a partner that complements you, that brings something different to the table, but who you can also trust and grow with. Planning and having a clear goal of what you want to achieve through that partnership is an important part of the process.
Replacement of “Black Friday” with “Green Friday” (they say Green is the new Black), increase in reported shopping scams and high penalties for misleading practices are just some of the complaints and effects associated with certain Black Friday deals and other online sale campaigns.
08 Nov: Why now is an interesting time to think about outsourcing – and what you need to consider before you do
Today’s world is in flux. Employees have discovered the joys (and pains) of remote work. Location no longer matters for most professions, even retail. Freshii, a Canadian take-out, uses virtual cashiers based overseas to take orders. Virtual conferencing such as Zoom or virtual worlds such as “Decentraland”, enable face-to-face collaboration from anywhere on the planet.
Nearly eighteen months after the European Commission first proposed a Digital Services Act (DSA), on July 5, 2022, the European Parliament finally approved the final version of the DSA. The DSA is a legislation package applicable across the European Union (EU).
Terms and conditions are a set of rules. These rules generally form a contract between you, the user, and the service provider, whose website you are visiting. The terms of that contract are set out in the website’s terms and conditions, which explain what you are and are not permitted to do on the website and with its content.
Poor supplier performance can result in significant (10-20%) indirect costs. However, by applying certain risk management practices to your operations, you can reduce your risk significantly.
15 Jun: France’s Implementation of the Omnibus Directive – Three Key Things e-Commerce Businesses Should Know
If you are involved in e-Commerce in the EU, you have probably heard of the Omnibus Directive, which came into force on 7 January 2020. A “New Deal for eConsumers” the Omnibus Directive focuses on protection for e-Commerce consumers that was not covered in the earlier EU package of legislation on consumer protection.
According to a 2018 McKinsey article, poor supplier performance can result in significant (10-20%) indirect costs. Proper planning and making sure you have the right terms and conditions in your supply agreement will reduce your company’s financial exposure and protect it from litigation.
If you operate an e-commerce website in the European Union (EU) that sells to consumers you must provide certain key information so that the consumer can make an informed purchase decision i.e. whether or not to buy. This information must be made available …
In this article we’ll focus on what company information is available to the public regarding companies registered in California.
In California, you can search for information on a business entity through the website maintained by California’s Secretary of State.
Small and Medium Sized Enterprises (SMEs) face numerous challenges related to managing copyright. These challenges are due to characteristics such as size (SMEs range from 1 to 250 employees), availability of resources (including those other than human resources) and market position.
If you own the copyright in a work, you are free to exploit it on your own or license the use of it to another party (such as a book publisher). ‘Exploit’ in this context means to develop or make use of it. When considering whether to license your work, you should assess whether or not you are truly the owner of the work in question.
When entering supply agreements, buyers and sellers have competing interests around the volume of goods to be purchased or supplied. A buyer wants maximum flexibility on the volume of goods it will order, while seeking favorable pricing and security that the seller can provide the volumes the buyer needs. A seller, on the other hand, wants the buyer to commit on the volumes it will purchase, so the supplier can plan its production, ensure predictable sales, and align pricing with volumes.
12 Jun: Vicky Walker, famous surgeon, learns about the importance of confidentiality agreements (NDAs)
Vicky Walker, a world-famous French surgeon, came up with an innovative idea but she needs help to produce it. She meets with a third party and discloses her idea as they discuss a potential deal. But wait, did she act wisely?
One of the key documents for any business is a good set of general terms and conditions of sale (general conditions) for your product or service. Here are 3 key things you should consider when drafting general conditions for your business in Europe.
Under common law, there are 2 additional doctrines that can stop performance under a contract and can be used to terminate the contract: the doctrine of “frustration” and the doctrine of “impracticability”.
In the US there is no standard criteria to prove force majeure. Instead, courts will look to a contract’s language to determine if a party can rely on the force majeure clause to suspend performance. In light of this, here is a list of key provisions to consider when addressing force majeure in a contract.
Although force majeure events are generally understood to mean an act, event or circumstance beyond the responsible control of party, under common law, there is no recognized definition of …
Force majeure events are acts, circumstances or events beyond the reasonable control of the party concerned as defined in your contract. A force majeure clause in your contract may allow you to suspend or stop service without being in breach.
A resale software license is where you the owner grant the right to another person (the reseller) to sell your software to other customers in a particular territory or sector of the market.
Ekaterina Filippova from Ekat Communication is often asked by her clients about how they should draft their general terms and conditions of sale. Here is what Kelly Logan recommends.
In Switzerland, the commercial registry of companies is held at cantonal level. The cantons are responsible for maintaining the commercial registry and the federal government has oversight
What company information is available to the public for companies which are registered in France. There are multiple bodies who hold company details.
In this article we’re going to be focusing on what company information is available to the public for companies which are registered in the United Kingdom.
If you decide to enter into a contract with this supplier, then your Accounts team may well pay an external organization to carry out a credit risk analysis for you. But, before you get to that stage, what company information is freely available to you and what can it tell you about the new supplier?