BTEC BUSINESS LEVEL 3 Unit 3

 

Limitations and constraints: These are elements or factors that work as a congestion. They restrict a project from achieving its potential. 

Marketing activities: 

These are activities that ensure that a company's products are desirable to customers resulting in profit. They include promoting it, setting a price and eventually making it available.

John Lewis have to follow all legislation's due to their business size, repuation and being a proper multi million pound organisation. Whereas DBS Has Talent only have to consider a few due to the sizes of the businesses and it being a "pop up" business only operating once a year for around 4 months.

 

Legal Implications of marketing campaigns

 

The Sale Of Goods Act 1979:

In contracts for the sale of goods and supply of services are put in place in order to provide protection to purchasers. The Sale of Goods Act protects purchasers where the seller does not have the right to sell the goods. Where the goods are sold by description there is terms that the goods will correspond to that description. Businesses must ensure that the goods they sell are of satisfactory quality and fit for their purpose. Where the goods are sold by sample there is an implied term that the goods will correspond to the sample in quality.

 

 

Where the goods are supplied along with a service then the Supply of Goods and Services Act 1982

applies. This implies the identical provisions as the Sale of Goods Act in relation to the goods

supplied. In addition there are implied terms that the service must be carried out with reasonable

care and skill,that the service will be carried out within a reasonable time and where no price is

agreed a reasonable price will be paid.

 

The Sale of Goods Act applies to all contracts for the sale of goods, however, is more limited in its scope in that it only applies where goods are sold in the course of a business. Also where the goods are sold in the course of a business the provisions of the Sale of Goods Act are reinforced with the protection offered by the Unfair Contract Terms Act 1977 which prohibits their exclusion.

 

This is more important for John Lewis rather than our own business DBS Has Talent as they need to be strict, as they cannot give a product to their customers that is not fit for purpose. 

 

The Unfair Contact Terms Act 1977 & Occupier Liability Act 1957:
​

The Unfair Contract Terms Act 1977 applies only to liability arising in the course of a business. It does not therefore provide comprehensive protection against unfair terms. Also it provides for specific instances of unfair terms. In particular, penalty clauses are outside its remit. The Unfair Contract Terms Act provides different levels of protection. Some provisions provide absolute protection whereas some will be subject to a consideration of whether the term was a reasonable one to include. The Unfair Contract Terms Act extends beyond liability arising from contracts and extends to tortious liability arising from negligence or liability arising from the Occupiers Liability Act 1957.

 

The Consumer Credits Act 1974 and 2006:

This gives people who enter into credit agreements protection in the following ways. As long as the credit was for between £100 and £30,000.
John Lewis and our business DBS Has Talent will all have to have the following:

• Licence to give credit.

• No one under 18 can buy or borrow on credit.

• They would have to state an annual percentage rate. If the customer signs a credit agreement at

• home they have several days in which they can get rid of the agreement.

1974: its an Act of the Parliament of the United Kingdom that significantly reformed the law relating

to consumer credit within the United Kingdom.
On the 31st July 1974 the acts said:

• New protection for consumers

• New regulation for bodies trading in consumer credit

2006: its an Act of the Parliament of the United Kingdom intended to increase consumer protection when

borrowing money.

• Consumer agreements above 25,000 pounds are to reflect growing levels of consumer borrowing and debt.

• ​One-man businesses and partnerships of up to three people.

 

The Consumer Protection from Unfair Trading Regulations 2008:

 

The Consumer Protection from Unfair Trading Regulations 2008 implement the EU Unfair Commercial Practices Directive. They introduce a general prohibition against unfair commercial practices, specific prohibitions against misleading and aggressive practices and a blacklist of 31 practices that will be deemed unfair in all circumstances. The Government has also taken the opportunity to streamline and consolidate consumer protection legislation in the UK. The regulations amend the Consumer Protection Act and the Trades Description Act and revoke and replace the Control of Misleading Advertisements Regulations.

 

The Consumer Protection (Distance Selling) Regulations:
The Consumer Protection Regulations is a safeguard for customers rights when purchasing goods or

services from a distance, for example through the phone or online. They set out information the seller

must give about the goods or service on offer, Which is a description of the goods or service, the price of

the goods or service, delivery and any cancellation rights, information about the seller.

 

John Lewis do this as they have to make sure when they are selling their products over the phone or on their website that all their goods they are selling have the correct descriptions/information about it otherwise they could be fined heavily. 

DBS Has Talent also take this under consideration as when our business was in contact with sponsors over the phone; this meant our team had to be clear on what we we offered each sponsor in each catorgery. 

 

The Data Protection Act 1998:

The Data Protection Act 1998 is an act of the UK Parliament defining the ways in which information about living people may be legally used and handled. The main intent is to protect individuals against abuse of information about themselves. The DPA was first put together in 1984 and was updated in 1998. John Lewis have to make sure that their customers information is safe and up to date otherwise they could pay huge penalities affecting their business massively. DBS Has Talent had to make sure that guests contact details were not shared to any member apart from the tickets department who eraised all contacts after the event took place, in order to prevent the risk of this data being exploted elsewhere.

 

Voluntary Implications of marketing campaigns

 

Code of Advertising Practice:

The UK Advertising Codes lay down rules for advertisers, agencies and media owners.
They include general rules that state advertising must be responsible, must not be mislead, or offend and specific rules that cover advertising to children and ads for specific sectors like alcohol, gambling, motoring, health and financial products.
John Lewis and our business DBS Has Talent will make sure they are following this code as they have to take it under consideration when they are using different types of marketing when advertising their events/products. The businesses will have to make sure that when they are advertising they are suitable for a specific age.

Advertising Standards Authority:
Its an independent organization, founded in 1962, which checks that advertisements do not lie or make false claims about a product. Anyone can ask the Advertising Standards Authority to investigate an advertisement. If there is a problem with it, the Authority may then tell the company to change or remove it. John Lewis and DBS Has Talent follow this as they need to make sure they give the correct information out to their customers when advertising an event/product. 

Pressure groups:
A pressure group is an organised group working to influence the behaviours and beliefs of government or business. There are thousands of pressure groups of different sizes operating in the UK for thousands of different causes. They will typically try to raise the profile of their cause in the medai and to raise public awareness in order to exert pressure on governments or business to change. This can result in negative publicity for the business involved, which can be damaging for both the business's reputation and its sales. 
 

Consumerism:
Consumerism is the protection or promotion of the interests of consumers. The growth of Consumerism has led to many organisations such as John Lewis help improve their services towards their customers. DBS Has Talent will impact from this as it will help our small business grow as a business as we will be improving our customer service and attract more customers when organsing more events like the talent show. 

 

What limitations are there in the types of language that can be used when marketing products and services?

 

Advertising as we have seen needs to avoild offending consumers. However, acceptable language can be subjective and reactions to the same texts may bary depending on the images that accompany it and the context in which it is used. 

 

The Advertising Standards Authproty has identified the key areas where some people find the use of language unacceptable, which are when they:

• refer to sex

• use strong language or swear words

• mock religion or peoples beliefs

• show people in a demeaning way and offend on the groups of gender, race, religion, sexuality, age or disability. 

 

The language chosen for adveritising also needs to be accessible to the audience. If they are delievering a message as text to a mobile phone, the chances are that the recipient will understant "txt spk". However, if you were advertising something on a billboard that had nothing to do with mobile phones, text language might be inappropriate for the audience. It all depends on the message and the audience.

 

­ How do you effectively track marketing campaigns?

Many think that watching sales and monitoring product trends is the way of measuring how effective a marketing campaign is but let’s be honest – this is rather vague. At http://www.business2community.com/online-marketing/how-do-you-track-the-success-of-a-marketing-campaign-0451641#7QM1djUlWOQAZl0x.99 they believe that there is 3 ways off measuring how effective a marketing campaign is. 

1. Ask your customers.

2. Trackable Links, Phone Numbers & Discount Codes

3. Customer Landing Pages

Cost 

Cost/time of implementing marketing campaigns? 

John Lewis' create many marketing campaign through-out the year with their christmas campaign being the most recognisable and successful. With a budget of £7,000,000 this shows the amount John Lewis feel needs to be placed in there advertisment for it to be as successful as its customer expect. 

 

DBS Has Talent had a budget delegated to the marketing team of 20,000dhs. This year we wanted to make our marketing the best its ver been to ensure that this year is bigger and better then ever before. This year was the first year we held a media day at the school where our tickets began to go on sale and it got huge publcity. Also we placed maybe different types of advertisment around DBS and DBS JP to boost awareness about our business.