advice-to-business-401
en

# Advice to Business

advice-to-business-401-dublin-metadata
Businesses
content="99XX" scheme="ONS SNAC"
en
LAWS Project - Starter Kit - http://www.laws-project.org.uk
LAWS Project - Starter Kit - http://www.laws-project.org.uk
Tameside MBC - LAWS project - http://laws.tameside.gov.uk
advice, business
<h2>Environmental Services</h2><span class="gen">email address here</span><span class="gen">phone number here</span><span class="gen">sms phone number here</span><span class="gen">fax number here</span><span class="gen">minicom number here</span><p><i>We enforce and advise on legislation designed to protect the consumer from dishonest traders. This assists the vast majority of reputable companies by ensuring fair trading methods for everyone.</i></p><hr/><p>We carry out routine visits to traders, which takes into account the nature of the business, past problems and the number of complaints received, thereby targeting the problem traders where possible.</p><p>We investigates consumer complaints, where there might be a criminal breach, which may involve visiting a trader.</p><p>In some cases we may consider it necessary to take enforcement action as a result of problems found during a routine visit or complaint in accordance with our enforcement policy. Where possible the emphasis is placed on compliance through advice and assistance.</p><p>In many cases we find that traders are not intentionally misleading the public, but are doing so due to a lack of understanding of their legal obligations.</p><p> We are here to advise Consumers and Businesses. We believe that by educating and informing traders of their obligations many of the problems businesses encounter could be avoided, and traders could benefit from good business practice.</p><p>In Trading Standards we enforce numerous pieces of primary legislation, the most important ones being:</p><ul> <li title="*">The Trade Descriptions Act - ensures that descriptions applied to goods or services are accurate</li> <li title="*">The Consumer Protection Act - covers the safety of goods and also is designed to ensure prices are not misleading</li> <li title="*">The Consumer Credit Act - promotes truth in lending</li> <li title="*">The Food Safety Act - safeguards what we eat and drink </li> <li title="*">The Weights and Measures Act - ensures we all receive the correct quantity when buying goods</li> </ul><p> If you are thinking of starting a new business or are already running an existing one, are you confident that you meet all the legal requirements of trading legislation? There is further advice on the contractual and legal requirements of traders below.</p><h2>Are you a trader?</h2><p>Various laws concerning the sale of goods govern how traders conduct their business. Some of these laws still apply to persons who are not traders but sell goods.</p><p> <strong>When does the law consider you to be a trader?</strong> </p><p>There is no hard and fast rule, but ask yourself:</p><ul> <li title="*">Are the goods you are selling your personal property? If not and you buy goods in specially to resell, for example from newspaper adverts or a cash and carry, you are very likely to be a trader. </li> <li title="*">Do you attend boot sales regularly - once every couple of months or more? If so, you are likely to be a trader even if boot sales are not a major source of income.</li> <li title="*">Do you employ anyone to help you with sales? If so, you are probably a trader.</li> <li title="*">Do you sell similar goods at other venues, e.g. markets, in the street or from home? If so, you are almost certainly a trader.</li> </ul><h2>Traders and The Law</h2><p> <strong>Business Names Act</strong> - If you don't trade under your own name but as eg. &quot;Anytown Fruits&quot; you must display clearly your name and address where legal documents could be sent to you. </p><p> <strong> Consumer Protection Act </strong>- Take great care that everything you sell is safe. Be particularly careful with toys, electrical goods, upholstered furniture and clothing, especially nightwear. </p><p>Where you show a price for goods, it is an offence to charge a buyer more. It is also illegal to mislead buyers in other ways about the price of goods, for example by using price comparisons or 'sale' signs when the higher price you quote in comparisons is unfair or meaningless. </p><p> <strong>Fair Trading Act </strong>- It is an offence to display any sign which tries to limit a buyer's rights. Do not use signs like 'No Refunds' or 'Sold as Seen'. As well as being illegal, these signs do not, in fact, limit buyers' rights at all. </p><p> <strong> Price Marking Order </strong>- Traders must show a price in writing for all goods offered for sale. This can be attached to the goods, or be placed adjacent to them. </p><p> <strong>Trade Descriptions Act </strong>- Goods must not be misdescribed. Before selling recorded or branded items such as cassettes, video films or t-shirts, satisfy yourself that they are not counterfeit because heavy penalties can be imposed on anyone who breaches copyright by selling fakes. </p><p> <strong>Video Recordings Act </strong>- Selling video films is risky because the sale of films which have not been properly classified by the British Board of Film Classification can attract fines of up to &#xA3;20,000 per tape or a prison sentence. Certain educational, sport and music videos are exempt from this requirement. You are bly advised to take more detailed advice on the Video Recordings Act before putting video films out for sale. </p><p> <strong>Sale and Supply of Goods Act </strong>- If you sell something, whether new or second-hand, it should be of satisfactory quality and fit for its purpose. It should also be as you describe it. </p><p> If you sell something which does not meet these requirements, your customer has a right to a refund provided they reject goods promptly. S/he might agree to a replacement, but their right is to a refund, and as a trader you should be ready to honour this right. If you are selling something with defects, you can only escape your obligation to provide a refund if you point out the fault at the time of the sale. Doing this doesn't protect you from a claim if the item has further faults.</p><p>Unlike the other Acts mentioned, you cannot be prosecuted by Trading Standards for breaking the Act, but you could be sued by your customers.</p><h2>If You're Not A Trader</h2><p>If you are a genuine 'non-trader' seller, you will be largely outside the controls of consumer law, but there are exceptions: for example, if you describe goods in any way, and that description proves to be false, you will be obliged to give a refund.</p><p>There are things you can do, however, which will help avoid problems and which we would recommend as 'good practice' during private sales.</p><p> <strong>Electrical Goods </strong>- We advise consumers to steer clear of items such as electric fires and irons at boot sales, so unless the item has a reputable, recent source we would caution bly against its sale. </p><p> <strong>Clothes </strong>- Think twice before selling nightwear. It might well not meet flammability requirements that apply to nightwear sold by traders. Children's' coats with hood-cords can also pose a hazard so beware of selling these if their source and safety is uncertain. </p><p> <strong>Toys </strong>- Look toys over to make sure there are no sharp points or small parts that can be pulled off. Put the toy in a skip rather than a sale if it is in bad shape, damaged or very old. If you still have packaging, sell the toy in it. </p><p> <strong>Other Danger Areas </strong>- Caution should be exercised in the sale of the following types of goods. All of them have their own safety standards when sold by traders and you should have them checked carefully before you even think about selling them. Prams and pushchairs. Paraffin heaters. Oil heaters. </p><p>Whether you are a regular trader or not, you should be ready to co-operate with trading standards officers who may visit boot sales at any time to carry out inspections, give advice and investigate complaints.</p><p>You may wish to visit the following websites that have a wide range of useful Business Advice leaflets and information. </p><ul> <li title="*">

<a href="http://www.hmso.gov.uk/"> <strong>Her Majesty's Stationery Office (HMSO)</strong> </a> <span class="gen">link to external website</span> <br/> Provides full text of Acts of Parliament from 1988, plus access to Inforoute, the Government's Information Asset Register.</li> <li title="*">

<a href="http://www.defra.gov.uk/"> <strong>Department for Environment, Food and Rural Affairs (Defra)</strong> </a> <span class="gen">link to external website</span> <br/> Defra works for the essentials of life - water, food, air, land, people, animals and plants</li> <li title="*"> <strong>

<a href="http://www.tradingstandards.gov.uk/">Trading Standards Central</a> </strong> <span class="gen">link to external website</span> <br/> A one stop shop for consumer protection information in the UK. Provides information for businesses and consumers. </li> <li title="*"> <strong>

<a href="http://www.hmce.gov.uk/">HM Customs and Excise</a> </strong> <span class="gen">link to external website</span> <br/> Provides information and advice for the public and for businesses.</li> <li title="*"> <strong>

<a href="http://www.oft.gov.uk/">Office of Fair Trading (OFT)</a> </strong> <span class="gen">link to external website</span> <br/> The OFT is designed with two purposes: to protect consumers and explain their rights; and to ensure that businesses compete and operate fairly.</li> <li title="*"> <strong>

<a href="http://www.dti.gov.uk/">Department of Trade and Industry (DTI)</a> </strong> <span class="gen">link to external website</span> <br/> Working with businesses, employees and consumers to drive up UK productivity and competitiveness to deliver prosperity for all.</li> <li title="*"> <strong>

<a href="http://www.fsa.gov.uk/">Food Standards Agency (FSA)</a> </strong> <span class="gen">link to external website</span> <br/> An independent food safety watchdog set up by an Act of Parliament in 2000 to protect the public's health and consumer interests in relation to food.</li> </ul><span class="gen">email address here</span><span class="gen">phone number here</span><span class="gen">sms phone number here</span><span class="gen">fax number here</span><span class="gen">minicom number here</span><span class="gen">postal address here</span><h3> <a href="/ccm/services/pid.jsp?pid=401"> Providing Information (401) </a></h3>