It is unsurprising, therefore, that so many businesses are looking at websites, particularly fully transactional ecommerce websites, as a means of growth, re-gaining sales being lost through traditional retail methods, an alternative to the traditional retail model altogether.

If you are thinking of setting up a website, whether it is intended to be a fully interactive e-commerce website or a brochure website used as an source of information about the company, there are several things to consider. Whilst setting up an online business has become much more accessible over recent years, with a number of affordable platforms that allow you to start set up shop and start trading far quicker than if you were opening a physical shop on the high street, it is important to remember that legal issues still apply at every stage of the process, from the outset to the sale of goods.

Considerations:

1. How is the website to be designed and constructed and who is to do this for you? You may need to agree a website design and development agreement with a company offering website design services to cover matters such as ownership and modifications.
2. Depending on what text, photos, audiovisual material and software you have on the website, you may need to enter into website content licences with third parties in order to licence the content from those third parties.
3. Once the website is up and running, it is advisable for you to have terms dealing with access to and use of the website.
4. If the website is to be used for the sale and purchase of goods via the website then specific terms and conditions of sale should be considered for use on the website. These are governed by different rules to those relating to ‘non web-based’ businesses.

In order to ensure that customers are bound by the terms and conditions, the terms need to be brought to the customers’ attention before the contract is made. In an online scenario, this means the customer should be made to either tick a box indicating that they accept the fact that the contract will be governed by website terms and conditions before being able to place their order. They should also have to tick a box to say they have read the terms and conditions and/or scroll to the bottom of the terms and conditions and click ‘accept’.

Any terms and conditions of sale should deal with the supply, price and payment for the goods, restrictions on your potential liabilities and also address issues relating to contracts made at a distance (pursuant to the Consumer Protection (Distance Selling)  Regulations 2000, in particular contracts made on the internet, including

• a description of how the online contract is formed.
• how the contract is made with minors and people situated outside the UK.
• information about the consumer’s right to cancel the contract, where applicable.
• time limits for cancellation for goods and for services, where applicable.
• whether you require the goods to be returned by the customer and if so who will pay for the return.

For more information regarding the legal implications of launching a website or an online business, please contact an ecommerce law solicitor from our commercial team.

Gaon Hart, reviewing lawyer for the CPS Special Crime and Counter Terrorism Division, said: ‘I am satisfied there is sufficient evidence to charge Munir Patel with requesting and receiving a bribe on 1 August 2011 intending to improperly perform his functions.’

Patel will next appear in this matter at Southwark Crown Court on 14th October 2011. He also faces charges of misconduct in public office and perverting the course of justice in relation to separate alleged misconduct in the course of his employment.

Previously we have focused on the importance of companies protecting themselves against prosecutions under the commercial offence contained in section 7 of the Bribery Act.

However, it is clear that individuals will also fall foul of its provisions. If you face allegations of offences under the Bribery Act, please do get in contactwith me. As with any accusation of criminal activity, seeking advice from a solicitor who is an expert in the field at the earliest opportunity will help with your defence.

A wave of opposition to this (especially with regards development on green-belt land) from countryside campaigners has intensified after it was revealed that some of the UK’s biggest house builders have been land-banking significant plots ahead of the reform. Estimates indicate that up to 620,000 homes could be built on the plots currently held.

Land-banking is, of course, nothing new and house builders will point to a record low in homes being constructed for nearly 100 years. By continuing to purchase plots of land (or alternatively securing an option to purchase) the sector has consolidated its position whilst the economy has struggled for significant growth. Savvy sellers can benefit from future planning permissions being granted after disposal of their land by negotiating on an overage agreement which triggers additional payments on planning being obtained.

The government is acutely aware that more housing is required but risk incurring the wrath of their traditional supporter heartlands by opening up the countryside to significant development work. Organisations such as the National Trust have been quick to condemn the proposed rule changes which would require Councils to have local plans for building.

Clearly the coalition is hopeful that a relaxation of the planning rules will help stimulate growth in the wider economy and ease the pressure on the housing shortage.  By simplifying the process and presuming in favour of the development from the outset, the onus will shift to those objecting the development to prove that it will damage the environment or a feature of historical heritage.

It remains to be seen in practice how such changes will apply at a local level. The government will no doubt be keen to press forward with the plans, especially in light of their forced u-turn following the outcry regarding the floatation of the proposed forestry sell-off.

To speak to a commercial property solicitor for advice on purchasing or selling land (both with and without planning permission), conditional contracts, overage agreements and development work, please call or send us an email.