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Submit Electronic signature Form Now. Explore probably the most user-helpful knowledge of airSlate SignNow. Control your entire document finalizing and sharing program electronically. Change from portable, papers-dependent and erroneous workflows to programmed, electronic and faultless. You can easily make, provide and signal any documents on any product everywhere. Ensure your essential organization instances don't slide over the top.
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FAQs
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What is the procedure for opening an IT firm?
It is same for all types of businesses:Ministry of Corporate AffairsTo register a company, you need to first apply for a Director Identification Number (DIN) which can be done by filing eForm for acquiring the DIN. You would then need to acquire your Digital Certificate and register the same on the portal. Thereafter, you need to get the company name approved by the Ministry. Once the company name is approved , you can register the company by filing the incorporation form depending on the type of company (Use quick links available on left panel in case steps are known)Step 1 : Application For DIN The concept of a Director Identification Number (DIN) has been introduced for the first time with the insertion of Sections 266A to 266G of Companies (Amendment) Act, 2006. As such, all the existing and intending Directors have to obtain DIN within the prescribed time-frame as notified. You need to file eForm DIN-1 in order to obtain DIN. To get more information about the same click Director Identification Number Step 2 : Acquire/ Register DSCThe Information Technology Act, 2000 provides for use of Digital Signatures on the documents submitted in electronic form in order to ensure the security and authenticity of the documents filed electronically. This is the only secure and authentic way that a document can be submitted electronically. As such, all filings done by the companies under MCA21 e-Governance programme are required to be filed with the use of Digital Signatures by the person authorised to sign the documents. Acquire DSC -A licensed signNowing Authority (CA) issues the digital signature. signNowing Authority (CA) means a person who has been granted a license to issue a digital signature certificate under Section 24 of the Indian IT-Act 2000.Register DSC -Role check for Indian companies is to be implemented in the MCA application. Role check can be performed only after the signatories have registered their Digital signature certificates (DSC) with MCA. To know about it click Register a DSCStep 3 : New User RegistrationTo file an eForm or to avail any paid service on MCA portal, you are first required to register yourself as a user in the relevant user category, such as registered and business user. To register now click New User RegistrationStep 4 : Incorporate a CompanyApply for the name of the company to be registered by filing Form1A for the same. After that depending upon the proposed company type file required incorporation forms listed below.Form 1 : Application or declaration for incorporation of a companyForm 18 : Notice of situation or change of situation of registered officeForm 32 : Particulars of appointment of managing director, directors, manager and secretary and the changes among them or consent of candidate to act as a managing director or director or manager or secretary of a company and/ or undertaking to take and pay for qualification sharesOnce the form has been approved by the concerned official of the Ministry, you will receive an email regarding the same and the status of the form will get changed to Approved. To know more about eFiling process click "All About eFiling"
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What is the worst advice people still give?
As a contrarian who went from babysitter’s daughter to millionaire by 30, I achieved it by avoiding as MUCH conventional advice as I could in each circumstance.Of course, I couldn’t dodge every bullet, so here are the best worst advice that people commonly give:#1. Pursue a stable job.Assuming you grew up in a stable home with career-oriented or somewhat decently successful parents, for those of us in the middle class and above, your parents are likely to make life all about finding this mystery stable job. As to if stability is even guaranteed in our rapidly changing world is even possible or not, they pay no mind. Society wants you to strive for safety.Instead of encouraging children to leverage their natural strengths and inclinations, the process of brainwashing people to abide by strictly dictated behaviors for “guaranteed” success and stability is foisted upon every generation.#2. In order to obtain said stable job, you must attend college, most likely pursuing a “worthwhile” degree which largely is related to a technical field.The moment I was born, my family pegged me for Harvard. We moved countries, cities, and states to get closer to Harvard. Like many other immigrants, my parents’ biggest dream was for me to become a lawyer or doctor so that my life will finally be “set for life”.Through pain, suffering, and a terrible relationship with my family throughout my childhood and adolescence, I emerged scarred, miserable, and totally unhappy with my life because my parents’ overly aggressive obsession with academic success and overbearing treatment suffocated me.Due to my parents and society breeding the fear of failure into me, I didn’t have the courage to do what I really wanted to do (music school and sing). I take full responsibility for my lack of courage in my adolescence. Instead, I decided to take the safe route of business school. I chose Finance as my major, a subject I had no interest in beyond the fact that it “pays well”.#3. Not only do most people commit to exorbitant undergrad college debt, many people double and triple down to continue accumulating degrees*.*Unless you’re 100% committed to a career that mandates through the authorities and government that you NEED the degree to work in that industry (i.e. MD, JD, RN), you should really think twice about delaying your entry into the workforce.I was lucky my parents had the wherewithal to help pay for college, which thankfully wasn’t much due to the signNow amount of grants and scholarships I had. Before I could even take a breath after graduation, my mom was right on that horse again, pressuring me to attend law school.I flatly refused. I spent my entire college education experimenting with entrepreneurial ventures with little care or interest for academia. Despite how little I studied, I did relatively well, which only proved to me the lack of value college systems provide, especially for people like myself who know how to generate revenue without needing a 9–5.The only things I enjoyed about college was the freedom away from my family and more importantly, the exposure to meeting rich peoples’ children. Since I was at a private business school, I met international rich kids who drove fancy cars and had nice things. I didn’t want to wait, I wanted those riches for myself.In college, I was a budding entrepreneur already. Being surrounded by riches made me hungry for money. I worked hard at my internships, hospitality jobs and straight hustling, becoming a powerseller on eBay, trading stocks, learning all types of sales jobs. I knew that I no longer needed any more school. I was ready for the real world.#4. Upon graduating, you’ll be encouraged by your school, family, and society to work (and stay) in a specific field with no change in plan.I hated my corporate internships! I couldn’t imagine committing to the future my internships showed was possible in boring 9–5 environments on a fixed salary I considered too low. Unlike the realities of many of my working-class classmates, I was lucky that I had 1 year after school to figure out what I wanted to do.My family abandoned our family business (Chinese restaurant) due to poor planning and decision-making. I was stuck with the responsibility to keep our entire business and home afloat. During this year of free labor in a show of filial piety, I read a lot of books trying to find my path in life.The answer came to me: enter a job/career that would allow young people to make money in order to escape the dreaded future of decades of slaving away for “the man” or forever having to please my parents.Against my parents’ wishes, I entered the career of headhunting and agency recruitment which is a sales job. At 23, I moved to NYC on a base salary of $35k in 2011 to start my new life in a shared apartment with random strangers I braved a winter storm to secure. From here on out, I will be the master of my own destiny.#5. As many people enter the workforce, their priority is to strive for work-life balance and are terrified of burning out.Of course working very hard at a job you hate will very quickly lead to burnout, however I LOVED (still love) recruiting. Immediately, I worked my butt off and was recognized, becoming top biller my entire career and obtaining many career opportunities for advancement.Instead of prioritizing dating, socializing, or the -life half of the “work-life balance” myth, I focused my life around my work. I overweighted on the work half instead and it paid off handsomely. In the process, I became a widely recognized leader and expert in my career of headhunting on a global and national level, earning over $215k by the time I was 25. This eventually allowed me to open my own recruiting firm, DG Recruit, in 2018.When you prioritize work and career success as your “one” thing, you actually experience higher long-term happiness rather than short-term instant gratification.#6. At a certain age, you must settle down*.*This especially penalizes women.As a financially and professionally successful woman, I don’t actually need a man. However, due to heavy parental and societal pressure as evidenced by social media, I felt like I wasn’t living up to my full potential by being single. I lived my whole life living off of the assumption that I would magically end up happily married with kids by 30, as that’s when your biological clock starts malfunctioning (more on this later).As I got older, I kept trying to “beat the buzzer” by dating, often settling with people just for the sake of moving the needle closer to marriage. With whom or for what purpose was not the point; I just wanted to win.I wanted to prove to others that I was wanted and I was valuable. Wouldn’t I need a man to evidence that? Thankfully, due to my financial independence and A-type personality, I just really couldn’t tolerate people unfit for my needs past a certain time frame. Even now, I’m still single at 30, proving to myself that my childhood assumptions need to be questioned and perhaps guided me wrong.Don’t feel like you HAVE to find someone or that you’re undesirable if you don’t have someone willing to live in your home of the opposite sex. I’ve seen my parents have a horrific marriage through my entire life, thus I know the fundamental truth that it’s actually better being single than with someone unfit. This further means, if you’re LGBTQ, don’t suppress it - have the courage to live your life.#7. Get a primary residence; stop wasting money on rent and buy*.*This especially penalizes those who live in high-cost real estate markets where the rental value of a home is much lower than the monthly all-in costs to buy the same property, a phenomenon especially troublesome in A-tier cities and rapidly-scaling B-tier cities.Wow. There is no financial/investing advice as horrible and uneducated as this! For those who by default take their salaries, go to a bank, get approved for a loan and pick the first house close enough to work within their pre-approved amount, they’re committing blindly to a financial investment that could potentially lead to a lot of long-term misery.I could write a book about all the emotional, financial, and career-wise issues primary housing presents (i.e. you can’t relocate for better opportunities and you’re stuck or worse yet you lose your job and you foreclose). As a headhunter, I see how housing constrains career and financial development. People win the battle but lose the war.Long story short, most people treat real estate like the same issue with college: they don’t think, they just go for it. What ends up happening is the inevitable boom and bust that benefits investors like myself who actually know what we’re doing and understand real estate valuation.In certain countries like China for instance, children expect their parents to buy them primary residences or it’s hard for them to find spouses. They’re living mainstream upon mainstream, just following others’ example with no rhyme or real reason, to everyone’s combined misery.#8. Save and you’ll be rich.I became a millionaire by 30, largely through investing and earning - NOT saving. I only save enough so that I can invest the majority of my cash into REAL assets that are inflation-protected like residential real estate (my main poison), stocks, crypto, etc. To save, people write books, do shady things, and think along the lines of someone who will perpetually be actually poor.Investing is the real activity that will take you out of the middle-class. You’ll never get there if you hoard cash under your mattress or in your bank account (same thing). If you rely on your 401k, then you’ll be relying on those systems and the “value of compound interest” when the stock market has been anything but guaranteed to be steady.Yes it does go up over time, but how many 90 year olds do you know who are rich off of 401ks? Pensions are irrelevant for those of us not related to governments or traditional blue-chip companies, thus what do we have left? Using investments to carry us through of course!This is where you have to pick your own poison. I realized early in the game when I started trading stocks at age 19 that I was NOT good at it and I HATED the daily fluctuations. Since my mom made some good money investing in real estate abroad and in the US, I studied real estate valuation on the weekends and bought my own properties since I was 25 up and down the US east coast.#9. Have your own children because (1) it’s your duty to your parents (2) you “should” (3) everyone else is doing it (4) what else is there to do after marriage? (5) abortion is bad for religious reasons (6) you’re not a true man/woman/adult until you have your own biological progeny.This is arrogant in thinking that (1) everyone is physically capable of reproducing (2) those who can’t are somehow less valuable members of society and/or (3) those who can’t or don’t want to aren’t ever going to be fulfilled - they’re forever destined to be never “really experiencing life”.In reality, pregnancy oftentimes is the ultimate jail sentence for many women (and men), especially those who accidentally conceived, were raped, were taken advantage of, or have aspirations to be more than just parents.Then society guilt-trips you or legally forces you to have a child you weren’t ready for mentally, physically, professionally, and financially. Ultimately, you’re robbed of the future you actually wanted for yourself, which may make you resent your life, society, and your family.While I’m certainly not advocating for everyone to reject mother/fatherhood, I’m simply posing a simple question: do you truly want a child or are you doing it for reasons outside of your will or serious consideration?The process of insemination takes sometimes 1 minute, but the after-effects of such a big decision lasts literally entire lifetimes, those of you, your spouse if you have one, your extended family, and your child(ren). Have you seriously given it the thought you need to to be a responsible and effective parent despite the astronomical increase in costs of maintaining a family’s wellbeing?Especially in the US where the current administration is against female reproductive rights, women are pressured to keep their baby instead of abortion. Yet, time and time again, those same people bemoan the single-moms and the “breakdown” of the family unit.The sadder thing is that, instead of adopting children locally and around the world who are abused, neglected, and desperate for love, people pay tens to hundreds of thousands of dollars for surrogates, in-vitro whichamacallit and fertility treatments just for the sake of nothing else other their genetic ego.Not to mention, there are countless women and children who suffer domestic violence and a lifelong of misery due to unhealthy home environments; they are shackled by their reality of deciding to create a 18-year-long tether to an undesirable situation/spouse.I am still daily pressured by strangers, family, and friends to make sure I keep my mind open about having biological progeny when nothing about the pregnancy process makes me excited. As a businesswoman, I’m focusing my “maternal” instincts on growing my business as my priority right now. Never say never, but I won’t bust out a baby to beat the clock or to force it. I can always always adopt.In ConclusionIf you’re still reading, I’m grateful that you gave my thoughts some thought. I suffered immensely and still suffer daily with these subject matters because most people think very differently than me and constantly want to subjugate me to their will (ahem, mom and dad, I love you).No matter how old we are, whether we’re 15 or 55, we need to constantly question why things are they way they are:Why do governments want civilians to reproduce more? Is it moral or is it because they want to earn votes and reap taxes off of our income and prop up the future need for housing? Also get access to labor forces that increase GDP and can fight wars for them?Why do companies want people to reproduce (consumerism and real estate industries) and fall in love (holidays, movies, retail/fashion, dating, plastic surgery, luxury goods, gym services, and makeup products)?Why do your parents want you to go to college? Because they too are blinded by generations of indoctrination by companies (yay, free educated employees and exclusion of those born to non-college households) and schools who profit off of education.If you can see the hidden objectives behind every traditional piece of advice, then perhaps, you can create a life of your own that makes you intrinsically and organically happier than what could have been.
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How do I register my company and logo in India?
Incorporating a company in India is slightly difficult than you may think. Its better you hire a CS, CA or a Lawyer to do it for you. Nonetheless, here is the process:(1) Obtain DIN (Director Identification Number) from Registrar of Companies, Ministry of Corporate Affairs of all the proposed Directors in your Company. (2) Obtain DSC (Digital Signature Certificate) from any of the authorities recognised by Registrar of Companies of all the Directors. (3) Apply in a prescribed format to the Registrar of Companies for the approval of name of your company. You need to provide a minimum of 5 options to the Registrar in this form.(4) Once you receive the name approval from the Registrar of Companies, you need to file the following documents with that office: (a) Memorandum of Association(b) Article of Association(c) Form 32 (Details of Directors)(d) Form 18 (Registered Office details)(e) Form 1 (Compliance with the Act) FEESThe official fees for which you will receive receipts (for a Company with an Authorised Capital of Rs 1 lakh) will be approximately Rs 11,000. Rest of it will be the fee of the working professional. On an average you're likely to spend Rs 5000 to Rs 10000 in addition to the official fee, so that the total price comes out to somewhere between Rs 16000 and Rs 21000.TIME FRAMEIf everything goes smoothly, you can register your Company within 20 to 30 days. However, if an objection is raised on an issue, it may take longer, as well. Good luck!Nitin
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Corporate Law: How will you register a company in India? Give the electronic procedure in detail.
Firstly you have to need approved your name by the ROC (Registrar of Companies) in the State/Union Territory. Fees payable would depend on the company’s nominal capital to be registered and paid either in cash or postal order. Procedure for register a company in India :1. Attain DIN (Director Identification Number) that is written, signed, and sent to Ministry of company Affairs along side your identity proof (voter ID card, passport, and driving license) also as residence proof (bank statement, electricity bill, card, and phonephone bill). 2. Acquire digital signature certificate which will utilize their latest electronic registration system. this could be nonheritable from any personal bureau sanctioned by MCA twenty one. 3. Cache the name of the corporate with mythical monster. you'll provide six projected names as alternatives for your name. 4.Seal the credentials of the corporate at a licensed personal bank or State Treasury. 5. Attain Certificate of Incorporation from Ministry of company Affairs (Registrar of Companies). 6. Acquire PAN (Permanent Account Number) from a licensed agent or franchise assigned by NSDL (National Securities installation Ltd.) or UTI (Unit Trust of India) Investors Services Ltd. 7. Get a TAN (Tax Account Number) for financial gain taxes from taxation Department’s Assessing workplace. 8. recruit with institution Act (State/Municipal), Shops, and workplace of Inspector. 9. recruit for VAT (Value-Added Tax) at industrial Tax workplace with numerous credentials like the company’s memorandam or Articles of Association and proof of location. For more about it you can consult with your Indian Chartered Accountant , who consult you much better
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What is the investment required to start a small E-commerce business in India?
The investment required to develop an Ecommerce site could differ according to your necessities and there is no accurate answer for your question. Webnexs is one of the best Ecommerce solutions Provider that builds Ecommerce website with many advanced features.With Webnexs solution you will be able to manage your website, the number of products in your store, the payment gateway and also your shipment detail. Webnexs offers more than 25+ payment gateway for the convenience of your consumers. You can readily accept MasterCard, Visa, Discover or Amex credit and debit cards from your consumers.One of the critical things in an Ecommerce industry is shipping the product. Webnexs makes your shipment process easier. You will be able to add, edit and manage your carriers. You can as well auto assign carriers based on the capability they can carry. Set Preferences for the carriers to be default.Platforms For the best Ecommerce websiteThe Ecommerce solution provider makes use of major Ecommerce platforms like Magento and Prestashop to develop your Website. This helps the consumers to acquire further astonishing features for their website. The Website designs designed by Webnexs are very user friendly, that even a person with less technical knowledge can customize their website in an easy manner.Webnexs provide more than 50+ themes, which you can choose one among them to build your E-store. To take a look at the demo themes, click here.Here are some of the essential features of Ecommerce website that are provided by Webnexs:Ease of UseWish ListsFind-in-StoreRelated ItemsSocial ProofSecurity FeaturesAdvanced Payment OptionsShipping InformationReturn PolicyReviews and RatingsTo take a look at the detailed features list of Webnexs, click here.Top Ecommerce Website Development Companies 2017Webnexs is one of the top Ecommerce solution provider according to GoodFirms Survey.For more details about Ecommerce website development, contact Webnexs.
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How can I register my company in Delhi?
Company RegistrationAccording to the lawful structure of India, Company Registration is the most famous legitimately substantial alternative to consider.Any privately owned business can have least two and most extreme fifty individuals. Risk of chiefs, of a private constrained organization, towards loan bosses additionally stay restricted.Amid default, banks or leasers can just sale organization's property not the chiefs' close to home property. You additionally need to realize that Company Registration is extremely important in India on the off chance that you need to begin any business.Never reprimand this thought for exchange arrangements. Organization Registration brings numerous advantages. In addition, you never face any sort of issue.It is anything but difficult to enlist and simple to break up. New organization, particularly new companies, favor it over different arrangements as it orchestrates assets from outside without breaking a sweat.Plus, it limits liabilities of investors just as empower them to offer worker investment opportunities to enlist top ability. You never need to stress for Company Registration in Mumbai. This office is effectively accessible with us.Our administrations are effectively accessible in every single fundamental locale of the country including Delhi-NCR, Mumbai, Chennai, Bengaluru and numerous different urban areas.Our specialists dependably assist everyone with uniform benchmarks.Step Wise Company RegistrationStep 1:- Application of DSC & DPINPartners initially have to apply for DPIN and digital signature. Digital signature meant for filing and DPIN refers to directors’ PIN number provided by MCA. Ignore this exercise if directors already possess DPIN and DSC.Step 2:- Name ApprovalThree different names for company name are necessary to give to MCA. Out of these one will be registered. Names provided must be unique.Step 3:- MOA & AOA SubmissionAfter approval of name, one needs to draft MOA and AOA. Memorandum of Association (MOA) and Articles of Associate (AOA) will be filed with MCA along with subscription statement.Step 4:- Incorporation CertificateEntire process for Company Registration in Mumbai and Incorporation Certificate basically takes the period of 15-25 days. Incorporation Certificate proves that company has been started. CIN number also remains included in Incorporation Certificate.Step 5:- Apply for PAN, TAN and Bank account:Finally, apply for PAN and TAN and submit Incorporation Certificate, MOA, AOA and PAN to any bank for opening the account.
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What is the process to get FSSAI certification in India?
FSSAI is a license which you need to apply for if you are dealing with the food products. There are two types of it, state and central. It is based on your annual turnover. The process is quite simple if you do it with the help of experts. Following are the steps:The businessman should have an active contact number as well as email id.While filling the form, the name should be spelled correctly so as to avoid any issue in the future.After your application submission, you will get a unique reference ID.In the end you need to make the required payment.As I have mentioned above about state and central license, you need to categorize yourself accordingly.There are certain eligibility criteria to fall under particular category.Then you need to mention the generic name of the products in which you are dealing.For State License, you must fulfill the requirements to be in this category according to Act of Food security, 2006.If your annual turnover is below 12 Lakhs, then you can simply go with FSSAI registration.If the turnover is 12–20 crore, then you should go with state license.And if your annual turnover is more than 20 crore, then you fall into the central license category.This is only procedure to get food license in India. It will be good if you take help from experts. I got my trademark registration with the help of LegalRaasta. Their services is quite good as well as they cheap services as compared to other legal companies available in market. You should get FSSAI registration with their help.
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What are the regulations for online beer sales in the UK?
Selling online: an overview of the rulesThis is an edited version of a guide for businesses.E-commerce TMT & Sourcing TMT Retail Education UKThere has been a steady growth in the variety and volume of goods and services which are available on-line to both businesses and consumers, and on-line selling is increasingly seen as a major way for all businesses to save costs. Almost inevitably, as the practice of on-line selling proliferates so does the amount of legislation governing it. This article provides an overview of the law governing on-line sales in the UK and an analysis of the issues that a business should consider before setting up an on-line sales process.The law governing online salesThere are two distinct types of legislation that affect on-line retailers. Firstly, traditional consumer protection regulations apply to all consumer sales made on-line. These regulations are well established, but it is important to remember that they apply to on-line retailers as much as they do to traditional ones. Secondly, there are regulations designed specifically to deal with problems and issues facing retailers on-line.Traditional consumer protection regulationsThese protect purchasers and consumers whether they are buying the goods over the counter of a shop or over the internet. For instance the Sale of Goods Act gives certain rights to purchasers about the quality of the goods they receive, and their rights if the goods fail to live up to these standards. The Consumer Credit Act protects consumers' rights when they enter into an agreement for someone to provide them with loans or credit facilities including circumstances where they buy goods or services using a credit card. The Unfair Terms in Consumer Contract Regulations protect consumers' rights where they enter into agreements with retailers who try to impose unfair terms in the agreement. There are also numerous other pieces of legislation, many of which will apply to different contract and product types.Online regulationsThese regulations are new, and were brought into force largely to protect consumers' rights when they buy products either over the internet or by telephone. They largely derive from EU Directives, and include the E-commerce Regulations , the Distance Selling Regulations and the Electronic Signatures Regulations . These are the regulations that control the actual on-line sales process and they provide the starting block from which we can consider the practical business requirements of on-line retailers.Although the traditional consumer regulations are important for all sales processes, this article focuses on the on-line regulations and how they affect the various stages of the on-line sales process. The next five sections take you through what the regulations require including information that must be provided to a purchaser, the use of electronic signatures, contract formation issues and ensuring your contract is legal.Information that must be suppliedThe various regulations share a central theme: companies should not hide themselves from purchasers, and should provide as much information to purchasers as possible.Company information that must be supplied under the E-Commerce RegulationsThe E-Commerce Regulations require that all commercial web sites make the following information directly and permanently available to consumers via the website:the company's name, postal address (and registered office address if this is different) and email address;the company's registration number;any Trade or Professional Association memberships;the company's VAT number.All of this applies regardlessof whether the site sells on-line. In addition, any commercial communication – that is any email or even SMS text message – used in providing an "Information Society Service" must display this information.The E-Commerce Regulations also require that all prices must be clear and unambiguous, and web sites must state whether the prices are inclusive of taxes and delivery costs.Contractual information that must be supplied under the E-Commerce RegulationsWhen it comes to actually going through the contractual process the requirements for information increase once again and the consumers must be told:the steps involved in completing the contract on-line;whether the contract will be stored by the retailer and/or permanently accessible;the technical means the site uses to allow consumers to spot and correct errors made while inputting their details prior to the order being placed;the languages offered to conclude the contract;The website must also provide links to any relevant Codes of Conduct to which the retailer subscribes and set out the retailer's Terms and Conditions, in a way which allows users to save and print them.All of this information must be provided before the purchaser selects the product and starts the contractual process and it is possible to convey it early on in the sale, without deterring users with an unwieldy sales process. The most common route is to bundle as many of these details into the terms and conditions as possible, and ensure that consumers are appropriately directed to read them.Information that must be supplied under the Distance Selling RegulationsThese Regulations set out the information which must be provided to a consumer prior to the conclusion of the contract.The information must be provided in a clear and comprehensible manner which is appropriate to the means of distance communication used. This means that the information can be set out on a web page, provided that the information is brought to the attention of the consumers before the contract is entered into. The information to be provided includes all of the information which a supplier should, in any event, wish to provide in relation to:the identity of the supplier;the main characteristics of the goods or services;their price;arrangements for payment and delivery; andthe existence of the right of cancellation created under the Distance Selling Regulations.Information that should be set out in the terms and conditionsThe terms and conditions should:make it clear who is selling the product, together with the geographical and email address;describe clearly what the customer is getting and what it will cost, including all taxes and delivery costs; andidentify the arrangements for delivery of the product.The terms and conditions of the site are very important, and will vary for every retailer. It is important that the terms and conditions are properly drafted, as poorly drafted terms and conditions will expose the retailer to unnecessary risk.Electronic signaturesThe Electronic Signature Regulations apply to any contract and not just those entered into with consumers. In order for there to be a binding contract the following essential elements of a contract must be present:an unconditional offer;an unconditional acceptance of that offer;consideration passing from both parties other than in Scotland where consideration is not a requirement; andan intention to create legal relations, i.e. the parties must intend to enter into a legally binding contract.There must also be certainty as to the terms, parties and subject matter of the contract. For the majority of contracts there is no legal requirement for a signature.Whenever a person buys or sells something he or she is entering into a contract, no matter how small the purchase. In the newsagents, when a person buys a newspaper he or she contracts with the newsagent for the purchase. The newsagent makes an 'Invitation to Treat' by placing the publication on sale. The person offers to purchase it from the newsagent, proffering money, and the offer is accepted (concluding the contract) by taking the money. This is still a contract, although not a word needs to be said, and nothing is written down. However, the essentials of a contract have been formed: an offer (to buy, or sell), an acceptance of that offer, and (everywhere except Scotland) consideration (whether money being paid, or some other form of consideration) for the sale. The various stages of the contractual process will be discussed in more detail later, as it is important to distinguish between who is making the offer and who is accepting it.Signatures are not actually necessary for the conclusion of every contract (your visit to the paper shop could become a chore), but they can have three essential functions when we consider on-line contracts:To identify the person who has bought the product;To indicate a personal involvement, or trustworthiness; andTo indicate an intention to be bound to the contract.The principal, and simple effect of the Electronic Signature Regulations is to make electronic signatures legally valid. Most of the discussion, and further interpretation of electronic signatures actually comes from a report published in December 2001 by the Law Commission entitled "Electronic Commerce: Formal requirements in Commercial Transactions", and in subsequent guidance from the DTI.Depending on exactly what is being sold the method of collecting the electronic signature will vary. In most cases, the function required of the electronic signature is the third one listed above – indicating that the purchaser is making an offer to contract. However, for more complex products being sold on-line, for instance financial services products, the role of the signature may become more important for one or both of the first two reasons.Depending on the value and/or importance of the transaction the parties may want a greater degree of certainty as to reliability of the signature. This may involve the use of public key infrastructure, for example.Contract formation issuesThe main issues considered in this section are how, when and where the contract is formed. This involves an analysis of the contract formation procedure based on the principle of offer and acceptance and the significance of the "country of origin" principle.The offer and acceptance procedure onlineStep 1: Establishing the offer and acceptance procedureThis is where the E-commerce Regulations can be used to the seller's advantage. It is possible to sell on-line and take payment by credit card without concluding the contract on-line. The solution is to provide that the customer is making an offer on the site and that the contract will be formed only if the customer's order is accepted – and that taking payment from the customer's credit card does not indicate cceptance.On-line merchant accounts provide for making refunds to a customer's credit card. Therefore, the terms should explain that, while the customer's card may be debited before the contract is formed, if the customer's order is ultimately rejected, a refund will be made immediately.Step 2: Completing the order formThe customer is taken to the order form where he completes the quantity of goods and his delivery details. It would be good practice to offer three buttons: submit, clear and cancel. The "clear" button is needed because the E-Commerce Regulations require a means for the customer to correct any errors.Step 3: Incorporating the terms and conditionsAt the bottom of the terms and conditions page the purchaser should, ideally, be required to check a box to indicate that he or she has read, understood and accepted the terms and conditions, before clicking the "Accept" button. The "Accept" button should not work until the box has been checked. Equally the page should be designed in such a way that the consumer cannot check the box and click "Accept" until the page has fully loaded onto the screen. By doing this, you improve your position in the event that a purchaser claims there was no opportunity to read your terms.While there is no responsibility on the retailer to ensure that the consumer has in fact read them, following this procedure will demonstrate that reasonable efforts have been made to bring them to purchasers' attention. The terms and conditions should be in a format that can be printed or saved – therefore avoid pop-up windows and ensure that they fit within the width of the page and are presented in a way that they will print properly.It is wise to also include a term like the following:"By clicking the 'Accept' button you agree to these terms and conditions. By completing and submitting the following electronic order form you are making an offer to purchase goods which, if accepted by us, will result in a binding contract."The words, "if accepted by us," are very important.This approach is the suggested 'best practice' approach for relaying the terms and conditions, and ensuring that the consumer has read them. However, it is not the most consumer friendly approach to present the purchaser with a screen of 'small print' in the middle of what, to the consumer, was an otherwise normal shopping experience. Therefore a number of on-line retailers adopt a second-best approach, which is to include a link to the terms and conditions, and make the consumer tick a box to confirm that they have read and accepted the terms and conditions, before they click the main button to buy the product. This approach, while not as legally secure, is probably acceptable in a number of purchasing models.Step 4: Taking the consumer's credit card details on-lineAt this stage, the user should be taken to the page on a secure server where his credit card details are taken. This page should state: "Your card will be debited with the sum of £X when you click the Submit button. This will be refunded if your offer is refused." Repeat the choice of submit, clear and cancel.Step 5: Acknowledging receipt of the orderWhen the card details are validated, the E-Commerce Regulations require that you give the customer an acknowledgement page and send an acknowledgement email. This should not confirm a contract; it should instead confirm that the order has been received and that the order is being "processed". It is helpful to give the customer an order number at this stage so that he or she can chase-up any problems. It is good practice, though not legally required, to ask the user to click a button on a confirmation page to indicate that he has read the confirmation – e.g. a "Continue" button, linking to the homepage of the site.Step 6: Providing confirmation of the information provided and the right to cancelThe Distance Selling Regulations now require the supplier to provide the consumer in writing or in another durable medium confirmation of the information provided prior to the conclusion of the contract and details of the right of cancellation. Generally a consumer has a period of seven working days within which to cancel the contract and return the goods to the supplier. The only cost to a consumer will be the cost of returning any goods received by it to the supplier.A consumer will not be entitled to cancel a contract after it has been entered into, where the supplier has commenced the provision of services with the consumer's agreement prior to the end of the cancellation period then the consumer will not have the right to cancel the contract for the provisional services. However, in order to benefit from this exception, the supplier must have advised the consumer that the consumer will not be able to cancel the contract once the performance of the services has begun with the consumer's agreement.It is not possible to contract out of the Distance Selling Regulations. Any term which attempts to do this will be void to the extent that it is inconsistent with the provisions of the distance Selling Regulations.Step 7: DeliveryFinally, dispatch the goods. If a typo mislabelled an item costing £200 at £2 and someone ordered 500 of them, the site could politely – and legally – refuse the order. This is because by following the procedure set out above the dispatch of goods is in effect the acceptance of the offer made by the consumer at the start of the process. Until this point there has been no acceptance and only an acknowledgement.The "country of origin" principleThe E-commerce Regulations apply a "country of origin" principle. In its simplest form, this means that as long as a UK business complies with UK laws, it can "ignore" the laws of other Member States. In general terms this is a definite bonus for on-line retailers. However, recognising that such an approach would be bad news for consumers, this basic rule is qualified.The E-Commerce Regulations do not apply the country of origin principle to the terms of consumer contracts. In practical terms, this means that a UK-based e-commerce site's terms and conditions should meet the laws of every Member State in which consumers can buy its products, not just UK laws.As a result of the consumer contract exception, any site selling to French consumers must provide its terms and conditions in French – otherwise they may be considered invalid. If selling into Denmark, consumers must be given a 14 working day cooling-off period during which the consumer can change his or her mind about the purchase and return the goods for a refund. In the UK, the cooling-off period is only seven working days. These are only examples, of course there are many other differences.Despite this signNow qualification, there are still advantages in the Regulations' country of origin principle that can benefit a UK-based business. For example, the UK's retail laws are among the most relaxed in Europe. This can give UK businesses advantages over, say, German competitors. A German e-tailer must comply with any German restrictions on promotional offers; its UK rival escapes such restrictions, even when selling to German consumers.Ensuring your contract is legalIt is important for e-commerce retailers to ensure that the contract which is formed with the consumer under the process described above is both legally correct and also affords the retailer the maximum protection. There are various ways in which the contracting process can be structured to be legally correct, and it is important to balance absolute best practice, and a more commercial approach which is still legally correct. Equally, it is surprisingly easy to structure the process in a way which is legally incorrect, and which exposes the company to more risk than is necessary.
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