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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
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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.
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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:
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.
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