195 lines
12 KiB
XML
Executable File
195 lines
12 KiB
XML
Executable File
<?xml version="1.0"?>
|
|
<cms:item xmlns:cms="http://www.arsdigita.com/cms/1.0" xmlns="http://www.esd.org.uk/standards/esdbody" oid="[com.arsdigita.cms.contenttypes.ESDService:{id=401}]"><cms:name>advice-to-business-401</cms:name><cms:language>en</cms:language><cms:title>Advice to Business</cms:title><cms:dublinCore oid="[com.arsdigita.london.cms.dublin.DublinCoreItem:{id=401}]"><cms:name>advice-to-business-401-dublin-metadata</cms:name><cms:dcAudience>Businesses</cms:dcAudience><cms:dcCoverage>content="99XX" scheme="ONS SNAC"</cms:dcCoverage><cms:dcCoveragePostcode/><cms:dcCoverageSpatialRef/><cms:dcCoverageUnit/><cms:dcDateValid/><cms:dcDisposalReview/><cms:dcLanguage>en</cms:dcLanguage><cms:dcTemporalBegin/><cms:dcTemporalEnd/><cms:dcCreatorOwner>LAWS Project - Starter Kit - http://www.laws-project.org.uk</cms:dcCreatorOwner><cms:dcCreatorContact>LAWS Project - Starter Kit - http://www.laws-project.org.uk</cms:dcCreatorContact><cms:dcPublisher>Tameside MBC - LAWS project - http://laws.tameside.gov.uk</cms:dcPublisher><cms:dcRights/><cms:dcKeywords>advice, business</cms:dcKeywords></cms:dublinCore><cms:textAsset oid="[com.arsdigita.cms.TextAsset:{id=401}]"><cms:content><![CDATA[<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. "Anytown Fruits"
|
|
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 £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>]]></cms:content></cms:textAsset></cms:item>
|