Consumer and Commercial Law
Consumer and Commercial Law governs the legal relationships arising from contracts for goods and services, commercial transactions and the protection of the economic interests of businesses and consumers.
The increasing digitalisation of commercial relationships, e-commerce and the use of electronic payment methods have heightened the complexity of many disputes relating to breaches of contract, unauthorised transactions, liability arising from financial services and disputes linked to commercial relationships.
In this context, specialist legal advice is essential both at the preventative stage and in the judicial or out-of-court resolution of commercial and consumer disputes.
Legal representation and advice on consumer and commercial law
The increasing digitalisation of commercial and financial relationships has heightened the complexity of many disputes relating to e-commerce, payment methods and digital transactions, making it necessary to adopt a legal approach that combines contractual analysis, litigation strategy and an understanding of the commercial and technological environment.
Legal services in Commercial, Insolvency, and Corporate Law
Main Services
Claims and contractual liability
Consumption and e-commerce
Areas of action
Contracts and
commercial operations
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Commercial contracts
- Contract drafting and review
- Interpretation of contractual clauses
- Resolution of disputes arising from contracts
General Terms and Conditions
- Unfair terms
- Pre-existing conditions
- Contractual transparency monitoring
Trade relations
- Company-customer disputes
- Breaches of contractual obligations
- Claims arising from commercial transactions
Consumer affairs and the protection of
economic interests
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Consumer law
- Consumer and user protection
- Consumer complaints
- Protection of economic rights
E-commerce
- Online booking
- Disputes in online sales
- Incidents on online platforms
Commercial practices and advertising
- Unfair competition
- Misleading advertising
- Unlawful commercial practices
Complaints and
procedures
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Contractual liability
- Damages
- Contractual breaches
- Termination of contract
Financial services and digital fraud
- Unauthorised transactions
- Phishing and identity theft
- Fraudulent transfers and commercial payment fraud
Judicial and extrajudicial proceedings
- Negotiation and prior claim
- Mediation and alternative dispute resolution
- Legal representation in civil and commercial proceedings
Work methodology
1. Initial analysis
of the matter
Analysis of the contractual relationship, available documentation and any potential breaches or legal contingencies associated with the commercial transaction or the claim raised.
2. Legal assessment
and strategy
Analysis of liability, assessment of the claim’s merits and determination of the most appropriate legal strategy, taking into account the nature of the dispute and the client’s interests.
3. Negotiation and
legal action
Assistance during the negotiation phase, out-of-court claims or legal proceedings, including the drafting of documents and legal representation where necessary.
4. Monitoring and resolution
of the procedure
Support throughout the entire process until the dispute is resolved, agreements are implemented or court orders are enforced.
Frequently Asked Questions on Consumer and Commercial Law
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What can I claim in the event of a breach of contract?
Where one of the parties fails to fulfil the obligations undertaken in a contract, a claim may be made for damages, termination of the contract or specific performance of the agreed obligations, depending on the specific circumstances of the case.
What are unfair terms?
These are clauses included in contracts that create a significant imbalance between the parties to the detriment of the consumer; they may be declared null and void where they contravene consumer and user protection legislation.
Can you make a claim against the bank for a phishing scam?
Yes. In certain circumstances, the financial institution may be held liable where unauthorised transactions take place or where there are shortcomings in the security or authentication systems used.
What happens if unauthorised transfers are made from my account?
The regulations on payment services provide for safeguards against unauthorised transactions, although each situation must be assessed on a case-by-case basis, taking into account the specific circumstances and the bank’s actions.
What rights does a consumer have when making an online purchase?
Consumers are entitled to receive clear information about the transaction, to exercise their right of withdrawal in certain circumstances, and to make a complaint in the event of non-compliance, defective products or lack of conformity.
When can a claim for damages be made?
A claim may be made where there has been a breach of contract or an act that has caused quantifiable financial loss, provided that the link between the loss suffered and the conduct in question can be established.
What happens if a company breaches a service contract?
Failure to comply may result in financial claims, termination of the contract or compensation, depending on the seriousness of the breach and the terms agreed between the parties.
Can you dispute an unauthorised bank transaction?
Yes. Transactions carried out without the account holder’s consent may be the subject of a complaint against the financial institution, particularly where there have been authentication or security failures.
Can a claim be made regarding a transfer made following identity theft?
Yes. In certain circumstances, the potential liability of the financial institution or the parties involved may be examined where the transfer has taken place as a result of fraud, the manipulation of communications or identity theft.
What happens if a company makes a payment to a fraudulent account?
These scenarios require an analysis of the circumstances of the transaction, the authentication mechanisms used, and any contractual, banking or other liability arising from security breaches in commercial communications.
Contact
Commercial and contractual relationships require specialist legal advice that can anticipate risks, protect the client’s financial interests and act swiftly in the event of potential breaches or disputes.
BGI LAW provides legal assistance in consumer and commercial matters, combining strategic analysis, litigation experience and expertise in commercial and digital contracts to offer solutions tailored to each specific situation.
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