Aqua Ecommerce Webdesign


© Aqua Web Design Privacy Policy

We have not tried to include any terms or conditions that will change your rights under normal UK law

© Aqua Web Design Privacy Policy


Cookie are mini program scripts that help pass information from one place to another. They can contain personal information that you have entered on a form for example. By clicking submit on a form or send on an email, you are agreeing to the use of cookies sending the information that you have entered to us. These cookies are a normal part of this websites operation. We are the only people who receive your information via an email link to You may request a copy of this email at any time and you may also request that this email is deleted. We do not pass your details on for any reason.

Google analytics is a tracking tool that also uses cookies. It tracks things like the page a person entered and left, the duration of a visit for example to help us discover which pages are popular, unpopular, unseful or useless for example. The data we see is a total of the visitors and not individual cases, so we may know that 1,000 people looked at our contact page but nobody has visited our terms page for example.

Ecommerce sites could use cookies to keep track of what you are on, what product you are looking at or what products to add to the basket for example. The move from our program to ebay for example is likely to use cookies. This is a normal use of these mini programs and they are used in almost every ecommerce website on the planet.

We do not have advertising, tracking or any invasive cookies that will infect or collect data about you that you are not willing to give us for the normal operation of our website by filling out a form or emailing us for example.

Data protection Act

The Act applies only to data which is held, or intended to be held, on computers ('equipment operating automatically in response to instructions given for that purpose'), or held in a 'relevant filing system'. In some cases even a paper address book can be classified as a 'relevant filing system', for example diaries used to support commercial Activities such as a salesperson's diary.

The Act covers any data about a living and identifiable individual. Anonymised or aggregated data is not regulated by the Act.

Subject rights
The Data Protection Act creates rights for those who have their data stored, and responsibilities for those who store, process or The person who has their data processed has the right to 1 view the data an organisation holds on them, for a small fee, known as 'subject access fee, 2 request that incorrect information be corrected. 3 require that data is not used in any way that may potentially cause damage or distress and 4 require that their data is not used for direct marketing.

Data protection principles
1.Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless 15 rights to access and use by the data subject and in the case of sensitive personal data, at least one of the 11 responsibilities of the data controllers are also met.
2.Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
3.Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
4.Personal data shall be accurate and, where necessary, kept up to date.
5.Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.About the rights of individuals e.g. You have the right to have data about you removed.
7.Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
8.Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

Conditions relevant to the first principle
Personal data should only be processed fairly and lawfully. In order for data to be classed as 'fairly processed', at least one of these six conditions must be applicable to that data (Schedule 2).
1.The data subject (the person whose data is stored) has consented ("given their permission") to the processing;
2.Processing is necessary for the performance of, or commencing, a contrAct;
3.Processing is required under a legal obligation (other than one stated in the contrAct);
4.Processing is necessary to protect the vital interests of the data subject;
5.Processing is necessary to carry out any public functions;
6.Processing is necessary in order to pursue the legitimate interests of the "data controller" or "third parties" (unless it could unjustifiably prejudice the interests of the data subject).[10]

Sensitive personal data must be processed according to a stricter set of conditions, in particular any consent must be explicit.

The electronic commerce (EC Directive) Regulations 2002

Obligations Imposed Upon the Seller

Before the contract is formed, the seller must state in a "clear, comprehensible and unambiguous manner" the technical step involved to place an order (contractual offer).Terms and conditions under which the contract is concluded must be made available to the consumer in a means capable of reproduction and storage. This does not apply to email.

The control of misleading advertisements regulations 1988

Effectively the CPRs prohibit trading practices that are unfair to consumers.

There are 4 different types of practices to consider:

1.Practices prohibited in all circumstances

creating the impression a consumer can't leave the premises until a contract is formed

visiting a consumer at home and refusing to leave when asked to leave (except when the trader has a legal right to enforce a contractual obligation)

making persistent and unwanted solicitations by phone/fax/email (except when a trader has a legal right to enforce a contractual obligation)

making a direct exhortation to children to buy a product or to persuade their parents to buy a product for them (pester power)

telling a consumer a trader's job will be in jeopardy if the consumer does not buy the product


2.Misleading actions and omissions
There are three different types of misleading actions:

misleading information generally (see below)

creating confusion with competitors' products

failing to honour commitments made in a code of conduct

3.Aggressive practices
A commercial practice is aggressive if:

it significantly impairs, or is likely to significantly impair, the average consumer's freedom of choice or conduct in relation to the product through the use of harassment, coercion or undue influence, and

it thereby causes him to take a different transactional decision

4.General duty not to trade unfairly
The general prohibition prohibits practices that:

contravene the requirements of professional diligence (defined as the standard of special skill and care that a trader may reasonably be expected to exercise towards consumers which is commensurate with either honest market practice in the trader's field of activity, or the general principle of good faith in the trader's field of activity)

materially distort the economic behaviour of the average consumer (or are likely to) with regard to the product (that is, appreciably to impair the average consumer's ability to make an informed decision thereby causing him to take a transactional decision that he would not have taken otherwise)

The medicines (advertising) regulations 1994

The internet is used widely to provide information to consumers and to promote products and services. This guidance is intended primarily for companies and organisations which do not hold marketing authorisations for medicines but which provide services that may lead to the prescription and supply of a prescription only medicine (POM). The guidance seeks to ensure that the content of such websites does not contravene the Advertising Regulations. In particular, it highlights the prohibition by regulation 7 of the Advertising Regulations of advertisements to the public likely to lead to the use of a POM. It is designed to help advertisers to promote their services without promoting specific POM medicines and thereby coming within the scope of the Advertising Regulations.

The Trades description Act 1968 ~ 1998

The Trade Descriptions 1968 is an Act of the Parliament of the United Kingdom which prevents manufacturers, retailers or service industry providers from misleading consumers as to what they are spending their money on. This law empowers the judiciary to punish companies or individuals who make false claims about the products or services that they sell.

1998 The new regulation within the Act stated that descriptions would now stretch further than written or orally communicated descriptions. Those descriptions that are mentioned using interactive methods are now included within the Trade Descriptions Act 1998

The directive on privacy and electronic communication 2002 & 2009

Directive 2002/58 on Privacy and Electronic Communications, otherwise known as E-Privacy Directive, is an EU directive on data protection and privacy in the digital age. It presents a continuation of earlier efforts, most directly the Data Protection Directive. It deals with the regulation of a number of important issues such as confidentiality of information, treatment of traffic data, spam and cookies.

2009. This Directive has been amended by Directive 2009/136, which introduces several changes, especially in what concerns cookies, that are now subject to prior consent.

Data retention and other issues
The directive obliges the providers of services to erase or anonymize the traffic data processed when no longer needed, unless the conditions from Article 15 have been fulfilled

Unsolicited e-mail and other messages

Article 13 prohibits the use of email addresses for marketing purposes. The Directive establishes the opt-in regime, where unsolicited emails may be sent only with prior agreement of the recipient.

The Directive provision applicable to cookies is Article The Preamble recognizes the importance and usefulness of cookies for the functioning of modern Internet and directly relates to them but also warns of the danger that such instruments may present to privacy. The change in the law does not affect all types of cookies. For cookies that are deemed to be ‘strictly necessary for the delivery of a service requested by the user’ the consent of the user is not needed. An example of a ‘strictly necessary’ cookie is when you press ‘add to basket’ or ‘continue to checkout’ when shopping online. It is also important that the browser remembers information from a previous web page in order to complete a successful transaction.

Competition Act 1998

The Competition Act 1998 is the current major source of competition law in the United Kingdom, along with the Enterprise Act 2002. The act provides an updated framework for identifying and dealing with restrictive business practices and abuse of a dominant market position.

One of the main purposes of this act was to harmonise the UK with EU competition policy, with Chapter I and II of the act mirroring the content of Articles 81 and 82 of the Treaty of Amsterdam. (Formally Articles 85 and 86 of the Treaty of Rome).[1
Deals with restrictive practices engaged by companies operating within the UK that distort, restrict or prevent competition. These are primarily in the form of horizontal agreements (agreements to collude between firms on the same level of the supply chain such as retailers or wholesalers). These agreements could be to limit output, collusively share information, fix prices, tender collectively and share markets out.

Chapter II deals with the abuse of a dominant position by a firm who uses practices such as predatory pricing, excessive prices, refusal to supply, vertical restraints and price discrimination to maximise profit, gain competitive advantage or otherwise restrict competition.

Consumer Credit Act 1974

The Act covers three main types of agreement; regulated consumer credit agreements, regular consumer hire agreements and partially regulated agreements.

A regulated consumer credit agreement
is defined as an agreement between two parties, one of whom (the debtor) is an individual, and the other of whom (the creditor) is "any other person", in which the creditor provides the debtor with credit not exceeding £5,000 (this figure was subsequently increased to £25,000 and under the Consumer Credit Act 2006 there is no upper limit).

A regulated consumer hire agreement
is defined as an agreement between two bodies, one of whom (the hirer) is an individual, and the other of whom, (the owner) is a person, by which goods are loaned to the hirer for use without an option to purchase.[21] The agreement must be "capable of subsisting" for longer than three months, not require the hirer to make payments of more than £5,000 total and not be an "exempt agreement". "goods" are defined as chattels personal, with "capable of subsisting" simply meaning that the agreement does not restrict the time limit of use to less than three months. The agreement does not have to exceed three months, but the option to do so must be given by one party.[

Partially regulated agreements

Partially regulated agreements are those consumer hire or consumer credit agreements which are not an exempt agreement but are exempt from certain provisions of the Act. What these provisions are depends on the type of agreement; small agreements, non-commercial agreements and contracts with a foreign element.

Enterprise Act 2002

The Act had five major competition policy objectives; Make all competition decisions through independent bodies, root out forms of anti-competitive behaviour, create a strong deterrent effect, to redress injured parties in distortions of competition and raise the profile of competition policy in the UK.

Enterprise Act

The Enterprise Act 2002 has wide-ranging implications for businesses and consumers. The Act makes a number of important reforms, which are designed to crack down on abuses that harm customers and fair-trading businesses alike and thus encourage productivity and enterprise.

© Aqua Web Design Privacy Policy