This study has covered the duty to provide pre-contractual information and the right of cancellation, the two important key areas of consumer protection in distance selling contracts. These two protection models are invented to rebalance the distance contract in favour of the consumer albeit differently. The duty to provide information rebalances the contract in terms of information, and the right of cancellation provides the distance consumer with an opportunity to rethink the decision about the contract. The study has looked at pertinent laws of distance selling contracts in England and Iraq. In doing so, the study has followed comparative and analytical methodology, whereby strengths and weaknesses, similarities and dissimilarities between the selected laws under a chosen theme are addressed. The aim is to explore problems and loopholes, which may need future amendments, including legal gaps, ambiguity, and incomplete treatment. During the study, specific challenges related to the theme of study are critically analysed. Apparently, the quantity and type of information required, the time and manner of sending information, and the remedy available at the breach are challenges of the information requirements. Challenges of the right of cancellation are the conditions and effects of using the right. The study has concluded that many aspects of protection under both laws need further improvements. The need for changes is more obvious with Iraqi Law than English Law, where distance selling protection has not been recognised yet.

This thesis was carried out during Spring semester 2012 at Södertörn University in collaboration with the Swedish distance selling company Halens. Halens is one of Sweden’s leading e-commerce companies with a significant history in distance selling. The company started as a mail-order company but their current and future goals are directed towards full e-commercialization. Halens has expanded to several international markets and their assortment consists mainly of women’s apparel, but also includes men’s wear, children’s wear and electronics. The purpose of this thesis is to find ways to improve the image of traditional mail-order companies that are going through a transition towards e-commerce. It has a specific look on branding and brand repositioning and the aim is to give suggestions on how to improve the image and attracting new customers while maintaining the loyal customer base that companies have gained. This includes identifying the pros and cons of the companies’ current position as well as viewing the modern possibilities that e-commercialization brings. Four interviews were conducted in order to obtain up-to-date information. Two of the people who were interviewed are employees at Halens whose work is closely related to the subject of this thesis. The data that was obtained from them deals with the company’s current activities and goals in terms of repositioning their brand. Another viewpoint is met with two consumer interviews, where information is received from different attitudes towards Halens. One of the interviewed is a long-time Halens customer, while the second one has never purchased from Halens. In addition, our own observations have been conducted for deeper analysis of the study. As one of us is a Halens employee it has given us direct access to collect data about the company image and compare our perceptions with one another. A clear view of the brand repositioning requirements that have appeared with the transition towards e-commerce has been established during this essay. Results have shown an apparent need for modernizing and investing in renewal of brand image as a mail-order company moving in to online marketing.

The full text will be available at the end of the embargo period: 5th Nov 2021