Retail

Recent Articles

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  19/08/2024

  England and Wales

  The approach to non-compliance: Supreme Court unanimously rules that failure to serve a statutory notice on a landlord did not invalidate a right to manage claim

  SummaryThe Supreme Court has delivered its judgment in the second ever “leapfrog” appeal from the Upper Tribunal (Lands Chamber) in the case of A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27. The Court dismissed the appeal and found that the failure to serve a claim notice on a landlord did not prevent the transfer of the right to manage under the Commonhold and Leasehold Reform Act 2002 (the “CLRA”).Importantly, the Supreme Court confirmed the appropriate approach in cases of statutory procedural non-compliance, where the statute is silent...

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  15/08/2024

  Türkiye

  Turkish parliament to vote on draft law to amend Consumer Protection Law and E-Commerce Law

  On 18 July 2024, a Draft Law aimed at amending the Consumer Protection Law and Certain Legislation was presented to the Turkish Grand National Assembly. This Draft Law proposes notable changes to Consumer Protection Law No.6502 and Law No. 6563 on Regulation of Electronic Commerce.I. Amendments to the Consumer Law(i) Consumer loan agreementsThe Draft Law stipulates that consumer loan agreements will be valid if concluded at a distance as an alternative to the traditional requirement that such agreements must be in writing to be valid. This provision aligns with Banking Law No. 5411, which regulates...

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  10/07/2024

  United Kingdom

  Recommerce Reads - Love is in the air: sponsorship deals for the rise of resale

  For those readers familiar with our Recommerce Reads series, you will know that the second-hand industry is becoming part of the mainstream online consumer experience. The number of new entrants to this market is growing and operators are attracting investment, some of which is being deployed to boost marketing budgets and increase consumer awareness.In recent years, exciting collaborations have emerged, with peer-to-peer resale platforms sponsoring TV shows, partnering with influencers and advertising on social media. There are exciting opportunities for retailers and platforms to raise brand...

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  01/07/2024

  Poland

  Polish Supreme Court confirms admissibility of public compensation in consumer cases

  PL

  On 12 June 2024, the Polish Supreme Court issued a judgment confirming that the Office of Competition and Consumer Protection (UOKiK) can use the public compensation instrument for cases concerning infringements of the collective interests of consumers.Under the Competition and Consumer Protection Act, the UOKiK has the power to impose a financial penalty on an undertaking for violating collective interests of consumers and to order actions to remedy the effects of such a violation. The statutory list of such actions is open ended and includes making a statement of specific content and form, which...

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  17/06/2024

  Poland

  Poland proposes draft law on general product safety

  PL

  On 11 June 2024, a draft law on general product safety appeared in the Polish government's legislative and programmatic work list.The proposed law is part of the EU-wide revision of general product safety rules and is being drafted to ensure the correct application of the EU Parliament and Council Regulation 2023/988 on general product safety (EU Regulation 2023/988).The provisions of EU Regulation 2023/988, which outline the requirements for general product safety and the obligations of businesses, go into effect in December 2024, and only to narrow extent require development into the national...

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  14/06/2024

  United Kingdom

  Recommerce Reads - Navigating green claims without greenwashing

  Online second-hand retail is on the rise, with increasingly eco-conscious consumers considering how they can shop more sustainably to reduce their fashion footprint. The Ethical Consumer and The Co-operative Bank’s 2023 Ethical Markets report recorded a 15% increase in people buying second-hand clothes for environmental reasons. Accordingly, “green” and “sustainable” claims have fast become a hot topic for companies looking to demonstrate their green credentials. As we noted in our previous article here, however, these same claims have also attracted the attention...

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