We provide advice to all businesses concerning legislation. We can ensure you trade and promote your business in the most effective manner, whilst having the peace of mind that you are trading from your onset, legally.
To obtain a list of business advice leaflets covering all aspects of the legislation that we enforce visit http://www.tradingstandards.gov.uk/index.cfm .
The information below, gives a brief explanation of some of the more common areas that affect most businesses:
Restricted Products
Various pieces of legislation exist which are designed to protect young people by prohibiting the sale of certain products to anyone under certain ages. The ages, at which products can be purchased, differs depending on the type of product involved.
The only way you can know a persons age for sure is for them to produce proof. There are a number of legitimate proof of age cards, such as the Validate Card, which are issued to young people via schools and colleges.
Business Names
Any business which trades using any names other than their legal name must display certain information on the business premises and on business stationery.
Contracts
A contract is a type of ‘agreement’ that you have with a customer, whether it be written or oral.
In any contract there will be implied terms that are laid down in various fair trading legislation e.g. Sale of Goods Act. If appropriate, you may also specify ‘express’ terms, however, the use of such terms is governed by the Unfair Contract Terms Act.
Credit
Most businesses that offer credit for buying goods or services or lend money to consumers will require a Consumer Credit licence from the Office of Fair Trading (OFT).
Descriptions & Adverts
Any description you give to the goods, services, or facilities you provide should be accurate and not misleading. If you advertise goods for sale to consumers, it must be clear that you are doing so as a business rather than as a private individual.
Trade Marks
It is a criminal offence to deal in trademarked merchandise that has not been authorised or licensed by the trademark holder.
Distance Selling
There is a requirement that the consumer is to be provided with information in a clear and easily understood manner and in good time before the conclusion of any distance contract.
After making a purchase the consumer must be sent confirmation of the information in writing or another durable medium, such as fax or e-mail.
Generally, the consumer has a cooling-off period of seven working days, although there are some goods are exempt from this.
Doorstep Selling
Doorstep selling or ‘cold calling’ is when a trader makes an unsolicited or uninvited call, without prior warning, to a consumer’s home.
If your business is considering this sales method The Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987 and the amendment regulations 1998 will apply.
Petroleum & Explosives
If you want to store and sell fireworks you must get a licence from your local Trading Standards Service or Fire Service.
Pricing
The vast majority of goods available for sale to consumers must be priced. However, there is no legal requirement to display prices for services Prices should be indicated inclusive of VAT and any other compulsory charges.
Safety
If you supply new or second hand products to consumers, they must be safe. Some goods have specific legislation relating to safety such as toys and electrical products, but goods that are not covered by such legislation must comply with the requirements for general product safety.
Weights & Measures
If you sell goods by weight you must make the weight known to the buyer before the sale and use weighting equipment that has been stamped by an Inspector of Weights and Measures (Trading Standards Officer) to verify that it has been tested for accuracy.
All weights should be in metric units, although you can also give the imperial equivalent as a supplementary indication.