Consumers are increasingly aware of – and vocal about – their rights. That’s why it’s important to get your interactions with them right from the outset, not only to ensure that you’re complying with the law but also to demonstrate to your customers that you value them and are aware of and respect their rights.
Two important ways in which you’ll interact with customers, existing and prospective, is through your marketing activities and your terms and conditions.
The definition of a consumer can vary by territory but broadly speaking in the UK and much of the European Union, a consumer will be someone who is acting for purposes which are wholly or mainly outside of their trade, business, craft or profession.
It’s important to be clear about which of your customers are consumers. They’ll generally be offered greater legal protections than your business customers and there will be certain things which you’ll be required to set out in your contracts with them.
The way in which you promote your products and/or services sends a strong message to customers about your brand. Your marketing materials should let customers know who you are, distinguish your offering and, importantly, comply with any advertising rules and regulations in the territories in which you market.
Advertising laws have been designed with consumer protection in mind, so that consumers are not misled about which products or services are being offered and who is offering them. Your advertising should be clearly identifiable as such and particular care should also be taken where third parties, such as social media influencers, will be advertising on your behalf. You’ll want to ensure that your customers are not misled and can readily identify any content posted by that third party as advertising.
Marketing initiatives gone wrong can be a PR disaster but seeking legal advice in advance of any major marketing campaigns can help you to remain on the right side of the law and the advertising regulators.
If you sell your products and/or services direct to your customers (rather than through a third party such as a retailer, a distributor, or a franchisee), your terms and conditions set out the basis on which consumers will contract with you and outline the nature of your legal relationship. The list below provides an overview of the key terms which should be included in every contract.
Consumer and advertising laws vary on a country-by-country basis and can be tricky to navigate. Seeking legal advice in the territories where you sell, market and make your products or services available will help you to ensure that your marketing activities comply with advertising laws and that your terms are in the best possible shape.
Ultimately, communicating with your customers in a way which is transparent, clear and legally compliant will help you to foster your relationship with them.
Originally published on theredtree.co.uk