If a £1000 item is advertised in a bricks and mortar store as being £100. A shopper may basket it and approach the checkout. The £100 price tag is not actually the retailer ‘offering to sell’ for this price, it is merely an ‘invitation to treat’. No contract is formed until you reach the till. An incorrect price on an item is therefore not legally binding. However, when the cashier asks for an amount of money in exchange for the goods you are intending to buy, he is making his offer and the consumer chooses to accept, negotiate or decline this offer. If the consumer accepts and hands over the money, a contract is established.

If a product is mispriced on the till however, this becomes the offer which a shopper can capitalise on regardless of the advertised price.

So what happens online? When something is mispriced on your ecommerce site and payments are automated?

When a consumer buys online, they rarely reach a human being who could spot the error. If you list an item at £100 which should be £1000, your customer will reach the checkout with only £100 in their basket to pay. Your website then makes the offer for the customer to accept or decline. This offer will contain the wrong price and the order will be placed, money will change hands and the contract has been formed. There is nothing you can do but dispatch or potentially face a lawsuit.

However there is a way to protect yourself, ignoring the terms and conditions, if the customer is told that their order has been accepted, whether on screen or by email; the sale contract is formed. Both you and the customer have accepted the deal and any attempt to cancel their order could be seen as a breach of contract.

However in this instance, we miss an opportunity to enter another contract (or amendment to the standard buy/sell contract). This contract is contained in your terms and conditions which a shopper should be forced to agree to as part of the purchasing process. In these terms and conditions many retailers get around the above problem by stating that no order has been accepted until dispatch and that payment will only ensure receipt of the offer but not the agreement of that offer. (Do not try to copy and paste this expecting it to be legally watertight as I’m a web developer not a lawyer.)

In other words the process has been re-ordered slightly. The customer is now being invited to treat, he then makes the offer to pay £100 for the items and it is up to the order processing staff or system to agree, negotiate or decline. This gives you the chance to intercept and correct.

It is therefore important that any post-payment messages on your website do not state that an order has been accepted. Emails and post-pay messages should declare that the order has been received or acknowledged and your terms and conditions should state why.

Human error is common, if you sell products or services online, don’t get caught out!

The inspiration for this article from Yahoo! Finance with real life examples can be found here (http://uk NULL.finance NULL.yahoo NULL.com/news/your-rights-when-stores-mis-price-items NULL.html)

(http://upload NULL.wikimedia NULL.org/wikipedia/commons/thumb/2/23/Sage_and_apricot_cookie%2C_May_2009 NULL.jpg/300px-Sage_and_apricot_cookie%2C_May_2009 NULL.jpg)

Image via Wikipedia

As of today, most EU based websites are illegal!

In order to track visitors in analytics software, keep track on a visitor’s shopping basket or to serve adverts, a website uses Cookies. These are tiny files with very basic information in which a website already knows about you and stores it on your computer so that when you come back, it can repopulate the data. They’re wonderful little things and while it may sound intrusive, they can only access the information which they already know, they can’t steal card or bank details, they can’t see whether you bought X product on another site.

Anyway, the EU released a directive that ALL EU websites must actively ask permission from the website visitor before using these cookies… every EU website you ever go on will be constantly asking you whether you accept them or not. If you don’t, your website is illegal.

In the UK, we have a year to comply so don’t panic just yet. 26th March 2012 is the deadline for anyone interested.

Personally I feel this law will be retracted or adjusted because it will be a blow for the EU in a very competitive marketplace: Targeted advertising!

In order to target advertising, cookies are completely necessary, EU advertising companies are going to have to comply to this law more than any other company and that’s going to result in fewer impressions and fewer clicks. Advertisers will instead be forced to outsource to the US or other parts of the world where the Cookie (http://en NULL.wikipedia NULL.org/wiki/HTTP_cookie) directive doesn’t apply.

There is a loophole however, firstly the law doesn’t specifically mention cookies, it covers any data left on a user’s computer. Secondly it does say that ‘unless it is completely necessary for the operation a user is performing.

This means your Google tracking cookie is out, but the cookie which keeps track on a user’s shopping cart is in.

The ICO’s own website (the enforcers of this law) have one workaround in the form of a top banner. Unfortunately this is so badly implemented that if you try navigating around the site, some pages break and are unusable because they previously relied on cookies!

Further problems I foresee is the ‘terms and conditions effect’ where users are so used to clicking ‘agree’ without a second thought, to argue that they knowingly opted in is questionable. Users could however be tricked into agreeing to anything. Websites aimed at children would fall into difficulties when a person under 18 isn’t allowed to enter into a contract and therefore any content served would need to be confirmed by an adult before the site can legally use cookies.

It’s a minefield and a very badly thought out one at that.

So technically most EU websites are now illegal, it’s ok for another 12 months and we can all hope that someone with some forward thinking steps in and puts a halt to it or amends it in some way before we’re all spending a fortune getting these added, arguing with WordPress (A US company), and others, about building this into their software, and just becoming desensitised further into ‘agreeing’ to online contracts.

A big part of marketing is about the image you project from inside your company as well as out. As someone who wants to come across as very helpful with a supportive and can-do attitude, I got into the habit of asking clients after my final invoice ‘How do you feel it went so far? All feedback is appreciated’

It’s a simple question but one which has proven invaluable. The latter part invited negative criticism as well. I would like to say this never happens but it does which is a good thing.

We all make mistakes… but without generalising, I make mistakes. Most mistakes I know about and fix them before the client (and in my line of work, their clients) ever notice, if it’s a big mistake I will inform the client and tell them what I’m doing up at 3am, what I’m doing to fix it and when they can expect it to be rectified. Some ‘mistakes’ go unnoticed however. Asking this question ensures that I know what they feel I did wrong, and this gives me the opportunity to put it right. When that customer is deciding whether or not to renew, that could be a make or break decision. I have so far lost only one client in 2 years.

When things are going perfectly, it instead gives me the opportunity to proudly add their comments as a testimonial or I can ask that it is submitted via Ecademy or LinkedIn.

Customer feedback is essential as there are three types of complainers:

1) Something went wrong and they tell you
2) Something went wrong and they don’t tell you
3) Nothing went wrong and they complain anyway

Number 3 is the most annoying but number 2 is dangerous for your business because they are telling someone.

This is the easy way to move number 2′s into the top slot.

Google is forever releasing new features, most of which aren’t really of interest to the general user however today, things change. Google have added new search options. The next time you search for something, click ‘Show Options’ in the blue bar. Now you have a number of filters you can use to refine your search. These filters do make life easier but they are also the start of something big.

Type filters include: Video, Forums and Reviews

Time Filters include: Recent results, Past 24 hours, Past week, Past Year

There are also related searches and a ‘Wonder Wheel’

The type filters are going to make life easier for searchers to find what they are looking for and will be useful but won’t require changes from website owners. If you do run a searchable forum however, I would recommend your results display correctly in date order. To do this, go onto google and type:

Site:http://www.yoursite.com/forumdirectory

Then use the options to sort by date. Talk to your web designer about your choices if they don’t display as you would expect. Some coding changes may be required.

The time filters are the most important. The more recently your content was updated or added to, the higher you will appear… it’s as simple as that! If you don’t edit your site content regularly, add news articles, blogs etc. you will appear right at the bottom. Every time you add new content, you jump back to the top of the queue. So it’s important that you can and do edit your website and regularly!

What can you do if you have just a few pages of information for your company? Consider adding a Blog. A blog (like this one) is an easy-to-use list of articles grouped by category and keywords. It’s easy to find and construct content and could make a HUGE difference to your exposure. You’re obviously an expert at something, else you wouldn’t be able to run a business based on it!

If you have a community based site, consider opening the forums to all if locked down. Make sure Google can see it so posts are indexed regularly and listed in their search.

The final features are fun to play with and will actually help sites get better rankings even with less Search Engine Optimisation in place.

Have a play around, have fun and keep your website current.

As the self-assessment deadline draws closer, thousands of business are being hit with an email, supposedly from the tax office claiming they are owed a rebate. HMRC describe it as ”the most sophisticated and prolific scam” they’ve had to deal with and would like to remind people that HMRC will only ever offer rebates by post.

HMRC are receiving around 500 of these emails forwarded by customers. Taxpayers are being asked either to leave their bank details or to call a premium rate number which will charge them around £6 per minute as they hold for a reply.

From HMRC: “We only ever contact customers who are due a refund in writing by post,” said a spokesman for HMRC. “We never use emails, telephone calls or external companies in these circumstances, and it is very important that anyone receiving it does not reply or provide any personal details whatsoever.”

Did you know that everything you do on your computer is recorded, even when not online. Documents are saved, credit card information is recorded, passwords are encrypted but still noted. Normally this isn’t a problem and is a vital peice of the computer’s functioning.

When you come to sell the computer however, issues can arise. Deleting files isn’t enough, even some harddrive wipe software doesn’t quite do the job, and a good expert can gain access to your information despite the wipe. As you surf social networking sites like Facebook and Myspace, banking sites, registration forms, online tax returns etc. the hard disk records all aspects of you and your life giving a hacker enough information to open bank accounts and get loans in your name. They can obtain credit leaving you to pick up the peices. You really don’t expect them to pay the money back do you?

Scary stuff? Well you don’t have to be worried because there is an easy, ultra-secure way to solve the problem. All the information whether on a PC or laptop is stored in a removable box. For someone who knows what they’re doing, 10 minutes is enough time to open the PC or laptop, remove the drive and replace it with a brand new, blank disk. These can cost as little as £40 so is well worth the investment, cheaper than a lot of disk wipe software and ultimately gives complete peice of mind.

Destroying data on the removed drive should be done with care. Safety goggles should be used as smashing it with a hammer is the best way to ensure the hard disk data is gone forever. In the casing is a vacuum sealed cavity containing metal disks, these store data magnetically so make sure these are in as many pieces as possible. They shatter easily so once you’re through the protective layer, they go without much of a problem. Just make sure you’ve pulled out the right part from the PC.

Rather than destroy it, if it’s not a laptop, you can sometimes install the hard drive into your new computer giving you access to all the files you had before on a second drive. This isn’t always recommended as relying on older hard drives isn’t usually a good idea.

If you’re based in Swansea and surrounding areas and are not happy with doing this yourself. Give Simon a call at Zako Media on 01792 427005 and we’ll be happy to pop round with a new drive and kill your old one on site for a small fee. We can also reinstall Windows providing you have the original disks for a little extra but the choices are yours.

Don’t get caught out, information is far too easy to get hold of, and impossible to get back, so make sure you’re secure. Destroy your hard disk before sale.

Well this one came completely unannounced. The power of Google is such that they no longer need to build up hype, it just spreads around like wildfire. I present to you. SearchWiki.

If you are a logged in google user (either of Gmail, documents, calendar or one of their zillion other services) you now alter the search results. If a site isn’t coming up which should, you can use a link at the bottom to add it directly to page 1… instantly. If a link isn’t relevant, you can use the arrows next to it to drop it down or remove it and keep the good content up top… instantly.

Now don’t get too excited, before the click wars begin, this isn’t a Google-wide change… that would be anarchy… in fact only you can see those changes, and only when logged in to your google account, but from any computer.

Why is this useful?

As Google’s search results change on a second by second basis, it can be hard to keep track on every useful site and page. Our bookmarks are filling up with sites we forget exist and things are becoming harder to find.

Now rather than bookmark it, move the link higher in the results so that the next time you look, it’s right there.

Business uses? practically none, but the next bit really caught my attention…

As well as moving Google search results, SearchWiki allows you to add notes and comments to the results. The last link underneath the site address drops down a little textbox. Again everytime this result appears in your search, you’ll get instant access to your own notes. This is useful as above but with one difference… everyone can see them… They have to click a link to, but they are visible. This means you can start adding notes not only to other’s sites but to your own. An extra few lines to promote your business and show people why your link is much better than anyone elses.

It does mean you can also comment on your competitors… This approach is not recommended as Slander and Libel cases are on the increase against digital bloggers and public internet authors.

Keep an eye on this one, perhaps with user generated results, Google may wish to start allowing the data to influence overall results… What better relevancy test than through the masses. There have already been numerous picture games associated with Google played around the world by millions of people. Only a percentage knew that they were actually describing image content for google’s image search. Google’s wonderful viral allowed it to index billions of images accross the globe in a matter of weeks.

Watch this space. In the meantime, here’s Google’s Lead Designer talking about SearchWiki:

Website Accessibility

2.2 (p7): “The Disability Discrimination Act makes it unlawful for a service provider to discriminate against a disabled person by refusing to provide any service which it provides to members of the public.”4.7 (p39): “From 1st October 1999 a service provider has to take reasonable steps to change a practice which makes it unreasonably difficult for disabled people to make use of its services.”

2.13 – 2.17 (p11-13): “What services are affected by the Disability Discrimination Act? An airline company provides a flight reservation and booking service to the public on its website. This is a provision of a service and is subject to the act.”

5.23 (p71): “For people with visual impairments, the range of auxiliary aids or services which it might be reasonable to provide to ensure that services are accessible might include … accessible websites.”

5.26 (p68): “For people with hearing disabilities, the range of auxiliary aids or services which it might be reasonable to provide to ensure that services are accessible might include … accessible websites.”

Hotels have lifts, shops have ramps, even London underground is making an effort. (although much work still needs to be done.)

Is a website not accessible? How do you make a website accessible?

Blind people cannot read a computer screen, but many are online. How? They use a screen reader to read the page. Text content NEEDS to be in order in the code for this to work, also images should not be used for content, and any flash should have a text alternative.

Coming away from the extreme, many people in the UK are long-sighted or have difficulty reading, particularly on the back-lit screen. To combat this, the text colour should contrast the background, should be large enough or be re-sizable. You should also take into account the number of colourblind men there are out there, particularly when some colours are indistinguishable.

If you rely on video or audio files, you should provide a text alternative for the deaf.

Flash websites are BANNED! however some flash elements with text equivalents are still allowed… they are usually unnecessary. If a site must be in flash, a full HTML version should be provided, the second html site is also good for google as flash can’t be seen.

“This seems a bit like political correctness gone mad, can you be sued?”

In a word, yes. The RNIB has approached two large companies with regard to their websites. When they raised the accessibility issues of the websites under the DDA, both companies made the necessary changes, rather than facing the prospect of legal action (in exchange for anonymity).

The DRC launched a formal investigation into 1000 websites, of which over 80% were next to impossible for disabled people to use. They issued a stern warning that organisations will face legal action under the DDA and the threat of unlimited compensation payments if they fail to make websites accessible for people with disabilities.

In short, if you operate a website, this applies to you. Generally speaking, little will need to be done (if anything) to make your site accessible, speak to your web designer today or contact us for advice.

You can also check your site free on http://wave.webaim.org/ (http://wave NULL.webaim NULL.org/)

While not 100% accurate, it will give a good idea as to how much work will be needed. Have a chat to your web designer if you think your exposure could be increased.

Can I also tell you a secret? Google factors website accessibility into it’s algorythm. An accessible website will rank more highly than an in-accessible one with the same content.

Do we need a code of conduct for writing blogs?

According to DLA Piper, only 5% of Internet users know the legal rights and wrongs of posting online. It also found that 77% of bloggers were unaware of the law surrounding publication and journalism.

The same study found that 42% of Internet users believe that bloggers should be made to follow the same legal standards as journalists. 46% like the idea of a voluntary code of conduct. Bloggers however, don’t agree, only 32% support the idea with 34% directly opposed.

According to a spokesman from DLA Piper, there is potential for bloggers to end up in court. Beyond defamation and employment law, there are plenty of other issues which bloggers could trip up on. Issues such as, but not limited to: Libel (http://www NULL.mcalesternews NULL.com/local/local_story_229160310 NULL.html), Contempt of court (http://en NULL.wikipedia NULL.org/wiki/Contempt_of_court), the Telecommunications act (http://news NULL.bbc NULL.co NULL.uk/1/hi/wales/north_east/7373639 NULL.stm), Protection from harassment act (http://en NULL.wikipedia NULL.org/wiki/Harassment_(UK)), even the anti-terrorist legislation (http://news NULL.bbc NULL.co NULL.uk/1/hi/uk/7084801 NULL.stm).

Given that nobody reads website Terms and Conditions (and many still do not have them!) wouldn’t a code of conduct be pointless? Essentially, a code of conduct is not a set of laws, followers of this conduct will however protect themselves against some potential legal surprises if UK companies and individuals do decide to clamp down. A court may even look more favourably on them for following the voluntary code if the matter does reach a court.

Who would sign up for a voluntary code of conduct? Would it be those who are already careful in what they publish? or would it be the trouble makers inspiring this discussion in the first place?

Twitter, the popular social networking applet which allows users to answer ‘What are you doing now?’ in 140 characters or less has stopped sending SMS messages to UK users. Unable to find a mobile partner to offer better rates, they have been forced with escalating costs to stop the service all together. Twitter already capped the messages at 250 per month, but this still costs around £500 per user per year outside the US, India and Canada.

The following alternatives are available:

• m.twitter.com (http://m NULL.twitter NULL.com/) works on browser-enabled phones
• m.slandr.net (http://m NULL.slandr NULL.net/) works on browser-enabled phones
• TwitterMail (http://www NULL.twittermail NULL.com/) works on email-enabled phones
• Cellity (http://www NULL.cellity NULL.com/en/download NULL.html) works on java-enabled phones
• TwitterBerry (http://www NULL.orangatame NULL.com/products/twitterberry/) works on BlackBerry brand phones
• Twitterific (http://phobos NULL.apple NULL.com/WebObjects/MZStore NULL.woa/wa/viewSoftware?id=284540316) works on iPhones

In the meantime, you can still update your twitter status by sending an SMS to +44 7624 801 423 as many times as your credit will allow.

Do you know the head of any mobile network in the UK? If they are interested in becoming a saviour, and gain plenty of extra publicity, put them in touch with Twitter to get things moving again!

Twitter is used by a number of companies wishing to keep in touch with each other, one SMS to the system will forward out to all ‘followers’ keeping each other up to date with what’s going on. Business collaborations have also been using it to keep the teams updated with current developments, and Joe Public to keep in touch with friends. We’ve yet to see any paid advertising on the platform, but the potential revenue for this would be immense, especially if the SMS service could be resumed.

Besides keeping in contact with other users, strengthening relationships and promoting themselves and their brand, users can also use Twitter to keep up to date with BBC News, what’s going on in the Big Brother house and even London Underground service updates. Twitter can be used to update status’ on several other platforms like Ecademy, Facebook and can be set to update automatically using other APIs, RSS feeds from blogs etc.