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Your EnterQuest Bulletin - 26 May 2004

Thought for the week: "The basis of optimism is sheer terror." Oscar Wilde

In this week's issue:

  • a common barrier to business success
  • complying with distance selling law
  • more PC security and virus problems
  • the meaning of ipso facto

A common barrier to business success

There are many different reasons to explain why some people succeed with their small business venture, and the degree to which it happens for them.

A combination of hard work, luck, plenty of planning, good timing and getting decent advice all play their part, but don't tell the whole story.

When it comes to the crunch, there is one factor that stands in the way of almost all small business owners at some point, which quite often will limit and in some cases completely derail their plans to do what they really want with their enterprises.

You're probably thinking that it's lack of sufficient start up and development finance, or not enough training to run a small business on a day-to-day basis.

But even those entrepreneurs who have started up knee-deep in cash, been on every training course and read every business book under the sun still find they are hampered in their ability to make the real breakthroughs they want due to this single factor.

Fear.

Fear of the unknown, fear of looking stupid, fear of upsetting people, fear of doing something new and getting it wrong, fear of ... whatever.

This is what it's like in the real world of small business ownership. Most entrepreneurs suffer from fear to some extent, especially in the early stages, and success or failure often comes down to their ability to overcome it.

Enterprise and entrepreneurship is all about doing something new, often things that you don't like doing, and about having the balls, brass or bottle to take calculated but frequently very risky decisions.

Yes it's fun, yes it's scary and yes it's risky, but this is probably what ultimately drives us to do it and keep on doing it. It's not just the fear but also the challenge of tackling the unknown that is the motivator for many people.

But perhaps the biggest area of all where the fear factor comes into play and limits an entrepreneur's chances of success, or even brings about their downfall, is the fear of selling. Not so much the thought of selling in principle, but the fear of actually doing it and the effect it has on your nerves and self-belief.

The problem is that it is very difficult to teach people to sell, as it's a skill or a 'business sense' that most people will only learn by doing, by making mistakes, and by learning those streetwise tricks that you eventually pick up over time.

The problem, the fear that people have, is that they're afraid that selling is seen as intruding or imposing on someone who doesn't want you there in the first place, and so they feel daunted by the potential for rejection or failure.

But most business owners, who become good at selling and overcome their fear, learn to develop a sense of timing and appreciate the art of being sensitive to customers' needs. They also soon realise that if you target the right people in the first place, those people will generally be predisposed to listening to your sales pitch or sales messages. And if the timing isn't right, you can always try again later.

You should also remember the old adage that selling isn't about being pushy, it's about being persuasive, patient and persistent. That's what ultimately pays off and what gets you over the fear factor.

As far as failure and rejection are concerned, what on earth do you expect? You're never going to win every sale, or every deal you're trying for. And if you get bombed out, it isn't down to you personally, it's down to the timing not being right, your offer or pitch missing the mark, or not targeting the right prospects in the first place.

You'll learn and you'll get better at it all the time. Even if it makes you feel bad, you'll get over the fear and the occasional rejection and gain your black belt in entrepreneurship.

The key is to not be frightened of failing occasionally, or of looking stupid when you get it wrong. You just have to wake up the next morning, put it all behind you and have the courage to get on with the next challenge you face, which will be sitting there waiting for you.

For hundreds more tips and ideas about selling and increasing sales, check out The UK Small Business Marketing Bible

Weekly business tip

How to comply with distance selling law

The Consumer Protection Act 1987 makes suppliers and manufacturers responsible for harm or loss caused by defective goods, and protects consumers against misleading pricing. It's the main piece of law to protect consumers buying a product or service from a business. It was amended in 2000 under the Consumer Protection (Distance Selling) Regulations, which were brought in to protect the growing number of people buying goods and services online or through mail order.

It's all very well having these laws to protect consumers, but it's equally essential that small business owners understand the law, and most importantly, that they know how it applies to them and what they've got to do to comply.

The following are a few scenarios that might apply to you if you sell goods or services from your website or over the phone. For each one, we've provided details of how the Distance Selling Regulations apply, and what rights they give to your customers and to you.

1. You sell products to customers from your website. A customer buys something from you on Sunday night, but on Tuesday morning you get an e-mail to say they've changed their mind and want their money back. Where do you stand?

Under the Distance Selling Regulations, consumers have the right to a 'cooling off' period of seven working days after making the purchase. During this time, they can inspect the goods and cancel their order if they're not happy, or they can change their mind altogether and cancel the order before receiving the goods.

All businesses selling goods online or over the telephone are legally bound to adhere to this. Your local trading standards department, or even the Office of Fair Trading, can issue an injunction against you if you don't.

2. After a customer buys something from your website, what must you do to confirm the sale?

By law, consumers must be given clear information about whatever is being offered for sale throughout the buying process, including at the point at which they click the 'buy' button. You're also legally obliged to send them an order confirmation after a sale is made. This can either be by post, fax or e-mail, but it must be a written confirmation clearly stating what they've bought, what they've paid, and when they can expect to receive the goods.

3. You haven't got a website, but you also sell goods over the phone. Do the Distance Selling Regulations still apply?

Yes, they certainly do. The Regulations affect businesses that sell goods or services by mail order, including catalogue shopping; by phone or fax; from a website; or through digital TV.

The only cases in which the Regulations don't apply are:

  • Businesses selling financial services.
  • Sales of land or buildings.
  • Purchases from a vending machine or automated commercial premises.
  • The use of a public payphone to buy or sell goods.
  • Rental agreements that have to be in writing, such as a long-term lease on a property.
  • Auctions, including Internet auctions.

4. So the Distance Selling Regulations don't apply to auctions. You're currently trading on eBay. Are you exempt?

Yes, at the moment, online auctions such as eBay, Ubid and so on are not affected by the Regulations - provided, that is, that you're allowing consumers to bid for your goods. However, if you use the 'buy now' function on eBay (as many small businesses do), this sale is not part of an auction and therefore DOES fall under the remit of the Regulations - so watch out.

You can get more information about this at the OFT or by checking out the guidelines posted on the eBay [link: http://www.beginners-guide-to-ebay.com] site

For hundreds more scenarios, FAQs, tips, guides and help with complying with legal obligations and regulations that apply to small businesses, check out our new information service, The Red Tape BUSTER.

New business idea

Each week we provide you with summaries of some popular or emerging business ideas in the UK.

Here is this week's idea:

Just one word

Regularly improving your vocabulary is not just about learning a new word and its meaning. It will improve your general knowledge and make you feel and act smarter in all sorts of personal and business situations.

Many Latin words and phrases have infiltrated 21st-century English, and a lot of them are used in business communication. Do you know the meaning of the phrase 'ipso facto'?

a) certainly
b) as a result of
c) in reality
d) on the face of it

Answer at the end of Bulletin.

Did you know?

The process for disputing .uk domain names might change

The national registry for .uk domain names, Nominet, has proposed changes to its Dispute Resolution Service that should help small businesses protect their domain names. The proposals address the problem of cybersquatting, where someone else registers your business name as a domain name and will only sell it back to you for a huge fee. Cybersquatters can also register domain names that are very similar to your own, and then set up websites under that name that criticise or compete with you. Nominet's new proposals crack down on cybersquatters and remove the 'without prejudice' clause that previously enabled them to conceal evidence during disputes.

Broadband access saves 52 days each year

Small businesses that upgrade to broadband Internet access are finding that the faster connection can potentially save them a massive 52 days a year, according to new research by NTL. 56% of UK small businesses are now broadband-enabled, and over two-thirds of those polled said broadband had improved their efficiency. According to the Government, broadband will be accessible to all small businesses by summer 2005... but dont hold your breath!

For more on the survey, click on:
http://www.ntl.com/mediacentre/press/display.asp?id=709

More software flaws revealed

US virus research firm Secunia has discovered yet another flaw in Microsoft's Outlook 2003 software. The vulnerability could enable attackers to bypass the security settings in the program's e-mail facility and upload malicious codes onto your PC. Apple Computer has not escaped the recent rash of software flaws, with a Secunia researcher last week identifying two flaws in Mac OS X that also may enable attackers to upload and run harmful files on vulnerable machines.

Whispering keyboards might steal your identity

We discussed ways to avoid identity theft a few weeks ago. Now a new way for fraudsters to steal your personal information has been found by an IBM research scientist. Each key on computer keyboards, telephones and cash machines makes a unique sound when depressed, and with the right equipment, a fraudster can decipher which keys were pressed - not good news if you do your business banking online. This underlines how important it is to keep up to date with the new generation of security and identity threats.

Click here for more information on 'whispering' keyboards.

Worth a visit

Free virus alerts over e-mail

Yet another new worm is exploiting a flaw in the code used by the Sasser worm, which wreaked havoc worldwide a few weeks ago. The latest worm is known as Dabber, and affects computers running Microsoft's Windows program that have already been infected by Sasser. Antivirus companies are also warning of another worm, called Wallon, which spreads in e-mail messages containing a fake link to Yahoo.com. If you click on the link you'll be directed to a malicious site that can hijack your browser, destroy Windows Media Player and change your home page to that of the virus writer.

Click here for free e-mail alerts on critical viruses and vulnerabilities from Computer Associates International.

Lycos e-mail service

Lycos Europe has trumped its larger rivals Google and Yahoo! by launching an e-mail service with one gigabyte of space (enough to hold some 250,000 e-mails). The service is free of ads, comes with anti-spam and anti-virus software, and is fully secure, all for £3.49 a month.

Ready for the euro?

There's a Government website that aims to help small businesses familiarise themselves with the potential timetable for changing over to the euro, and with the system by which the euro would be introduced if the UK does join up. Particularly useful is the guidance for businesses with trading links to the eurozone.

Worth a read

Earlier in the bulletin, we talked about the Distance Selling Regulations and how they apply to Internet auction sites. This book is a great starting point for entrepreneurs considering trying their luck as eBay traders. With a section specifically for sellers that's packed full of tips for promoting your items, strategies for getting high bids and advice on what to sell, it's a great resource for anyone interested in getting a slice of eBay's $30 billion-a-year pie. Check out:

Worth a read

eBay Hacks: 100 Industrial Strength Tips and Tools, by David A. Karp

 

Just one word answer

The answer is b) as a result of.

Ipso facto literally means, by the fact itself. It has come to mean, as an inevitable result, or because of that fact.

If a customer buys from your website you are, ipso facto, distance selling, and must therefore comply with the law.


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Good luck

The EnterQuest Team

This information is meant as a starting point only. Whilst all reasonable efforts have been made, the publisher makes no warranties that the information is accurate and up-to-date and will not be responsible for any errors or omissions in the information nor any consequences of any errors or omissions. Professional advice should be sought where appropriate.

 


© 2004 Cobweb Information Limited
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