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What is Trading Standards?

Trading Standards is the name given to the enforcement in the UK of a wide range of consumer related legislation, covering areas such as product safety, fair trading, metrology, and environmental controls. The trading standards service is provided by over 200 local government authorities in Scotland, England, Wales, Northern Ireland (central government), and the Channel Islands, often as part of a larger department. It is concerned principally with ensuring honesty and fairness in business activity, but exists to help business as well as consumers, by giving advice on legislation and ensuring a level playing field for competition.

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What do Trading Standards Officers do?

Trading Standards Officers enforce a wide range of consumer related legislation, for example the Weights and Measures Act 1985, the Consumer Protection Act 1987, the Trade Descriptions Act 1968 and the Consumer Credit Act 1974.
The job involves visiting premises to ensure that legislation is complied with, giving advice to traders and consumers, and investigating complaints of breaches of legislation.
Investigations range from the simple in the case of a retailer not pricing items correctly, to complex in the case of a motor dealer 'clocking' motor vehicles.
Offenders are prosecuted, or in Scotland reported to the Procurator Fiscal.
Authorities also employ enforcement officers who carry out a similar job to TSOs but usually in one specialised area. They do not normally discharge any Weights and Measures duties.

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What rights do I have when I buy faulty goods in a shop?
When you buy goods from any trader you have the right to expect certain standards - the goods must be:

1. Of satisfactory quality, covering for example the appearance and finish of goods, their safety and durability and their freedom from defects (even minor ones) - except where they have been pointed out to you before purchase.

2. Fit for their purpose, including any purpose tell the vendor that you require them for.

3. As described

If the goods do not meet these standards you are entitled to reject them, and get your money back. You do not have to accept a credit note or replacement (although you may want to consider this if you've had the goods for some time). You have a reasonable time to return faulty goods - after which you are deemed to have accepted the goods and their faults, although you may still be able to claim damages.

 

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What about services rather than goods?
You are entitled to certain standards of service. The service should be carried out with reasonable care and skill, within a reasonable time, and for a reasonable price providing the cost was not agreed beforehand. The person or organisation may be a member of a trade association or other professional body, be regulated by an official watchdog or by an Ombudsman, and they may have a Code of Practice. You will be able to complain to them or sue the trader for compensation.

 

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Must I produce a receipt to get a refund?
The short answer is no, what you do need is proof of purchase. This could be a cashed cheque or credit card counterfoil or even a witness who saw you make the purchase (in Scotland you will need a witness). However having a receipt will make your task very much easier and it is obviously the best proof of purchase you can get so look after it until you are sure that the goods are OK.

 

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If I cancel an order can I get any deposit back that I paid?
Probably not. Most deposits are not returnable. If you cancel an order, the seller could be entitled to keep your deposit as compensation for your breach of the agreement, however it would have to be a reasonable amount depending on the circumstances.

 

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What if the supplier cancels an order for some reason, can I get any deposit back that I paid?
Probably yes although you may have to take a small claims action if he refuses. If the supplier cancels an order he will be in breach of contract and should return any monies you have paid. There may be terms in your contract which allow him to keep some or all of your deposit in such circumstances, however these terms will probably be unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999 - contact your local Trading Standards Department for more details.

 

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I saw goods marked at low price in a shop but the shop refused to sell them to me. Can they do this?
Yes. A shop is not bound to sell you anything, or at any price on display. They are making an invitation to treat, and the invitation can be withdrawn at any time before acceptance. However, price indications should not be misleading. If they are, it could be an offence under the Consumer Protection Act 1987 and should be reported to your local Trading Standards Office

 

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What if the shop tells me to get lost?
If the shop ultimately refuses to refund your money and you feel you have a good case you must take action yourself - consider taking them to court, you can use the small claims procedure depending on the value of the goods [or services] which is less than £750 [in Scotland] or £5000 [in England] - reduced to £1000 for claims involving personal injury. Court fees vary and you should check your local court service for details, or try courtservice.gov.uk or scotcourts.gov.uk.
You would be best to get advice first, as in certain circumstances you may be liable for costs - your local trading standards office will provide advice free of charge, and may even help you fill in forms.

 

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What if the price is on a website and I order it and give my card details?
It's just the same as above - if the retailer has not gone as far as accepting your offer - which might be debiting your credit or debit card then they will be able to decline your offer to buy the goods at that price - of course they should take steps to amend the website details as soon as possible after they find out about the error. This is a more complex issue however than for a shop purchase, and acceptance of your offer may depend on a number of factors including the sellers terms and conditions, and will likely vary from case to case.

 

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What if a shop repairs goods but they are still faulty?
You have the same rights as before you agreed to the repair - let the shop know you are reserving the right to reject the goods when you agree to the repair attempt. You should give the vendor a reasonable opportunity to repair goods - especially if the fault is minor and the goods can be put into new condition.

 

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My mum bought me a new computer for Christmas and it's faulty, the shop say I have no contract with them and no rights...what's the position?
Strictly speaking the contract for the sale of the goods is between the seller and your mum - she will have to take the computer back. Generally a lot of stores would deal with you if you have proof of purchase, out of goodwill.

 

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Are there any times when I will not be entitled to my money back or to exchange the goods ?
Yes!:
(i) If you have held onto the goods for too long before returning them, you may be taken to have 'accepted' them.
(ii) Or if you were told about the fault before you bought the goods.
(iii) Or if you did the damage yourself either by ignoring advice about using the goods or through lack of care.
(iv) Or if there is nothing wrong with the goods and you have just changed your mind and decided you do not like them. (Some shops may agree to accept the return of the goods as a gesture of goodwill).

 

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I saw goods marked at a price in a shop but when I took them to the till to pay the shop refused to sell them to me. Can they do this ?
Yes. A shop is not bound to serve you with anything, or at any price on display. They are making an invitation to treat, and the invitation can be withdrawn at any time - it is the buyer who makes the offer to buy.
However, price indications should not be misleading. If they are, it could be an offence under the Consumer Protection Act 1987 and should be reported to your local Trading Standards office.

 

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What if I buy goods in a sale?
If you buy goods in a sale your statutory rights still apply, however if the shop draws specific defects to your attention then you have no rights in relation to those defects.

 

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I bought a new dress for a wedding but I've lost weight and it doesn't fit, can I get a refund, I haven't worn it?
No! You are not entitled to a refund if there is no fault with your purchase.

 

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Can I take secondhand goods back if they are faulty?
Yes! When you buy secondhand goods you have the same rights as when you buy new, however you must remember that you cannot expect the same quality or durability from secondhand goods, and this must be taken into account.

 

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If I return goods do I have to a accept a "credit note" ?
No. You can insist on the full repayment of your money providing the goods are faulty or not as described. If you accept a credit note you may not be able to exchange it for cash later if you cannot find anything else in the shop that you like. However, if you have merely changed your mind about an item, the seller might offer you a credit note as a goodwill gesture in which case you may wish to accept it. However, some credit notes last for a limited period so check this before you accept it.

 

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What rights do I have if I buy goods privately, from an individual?

Not many! The Sale of Goods legislation does not wholly apply, although goods will still have to meet any description given by the seller or you can take action for breach of contract. You should watch out for traders who pretend to be private sellers in order to avoid statutory liabilities - if you suspect a private seller is really a trader contact your local trading standards office, they will be able to take action under Fair Trading Act powers.

 

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I bought goods which are faulty but the shop won't refund and pointed out a 'no refunds' notice.
Notices like that are illegal and it's not possible for traders to exclude liability for faulty goods - even if you agree. Contact your local trading standards office and they will get the notice taken down.

 

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If I signed an "acceptance note" when I received the goods does this mean I lose my rights if something goes wrong ?
No. You are entitled to a reasonable time to check the goods for faults and as long as you return them as soon as you can you should be entitled to the return of your money or an exchange.

 

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Does a warranty or guarantee give me any special rights?
Yes...but read the guarantee or warranty carefully to check what it covers. If a guarantee comes with a registration card you may have to fill this out and send it off before the guarantee covers you. The guarantee should tell you how to make a claim. Guarantees do not affect your normal statutory rights.

 

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I bought a TV a month ago and it blew up - the shop say they'll send it to the manufacturer under his warranty, is that OK?
No! Manufacturer's 'guarantees' are in addition to the rights conferred on the customer by law. 'Statutory' rights are against the seller NOT the manufacturer and any guarantee cannot take away your statutory rights.

 

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What if the goods are too heavy to carry back to the shop? Am I responsible for the cost of taking the goods back?
No. You can ask the seller to come and collect the goods as long as you have not held onto them for too long, and as long-as you bought the goods yourself.

 

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I bought a computer monitor at a fair and the seller said it had a 30 day warranty...I thought I should get a year warranty with all electrical goods?
There is no automatic entitlement to a warranty although most reputable manufacturers will offer at least a year on their products, however as mentioned above this 'warranty' is in addition to and does not affect your statutory rights under the Sale of Goods Act

 

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Is it worth buying goods with a credit card?
Yes....if the goods cost more than £100 but less than £30,000 then the credit card company is equally liable for any claim you have against the seller. This can be particularly useful if the trader has gone out of business.

 

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Do I have any rights if my holiday is cancelled or if I do not get what I paid for ?
You have certain rights when booking a holiday. If you booked a package holiday through a tour operator they have to be "bonded". This means if the tour operator goes bust before you travel you should get your money back. If you are abroad they should pay to get you home at no extra cost. In certain circumstances you may have to pay money in advance and claim it back on your return.

Remember if you paid for your holiday by credit card, and it cost more than £100 you may be able to get your money back from the credit card company if the tour operator goes out of business. If your holiday has not gone well then check what the holiday brochure says. The brochure descriptions, terms and conditions at the back form the contract. If the holiday did not meet the description or was of a poor standard you may be able to claim compensation for breach of contract. You should write to the tour operator setting out your claim as soon as you get home.

 

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I recently ordered a three-piece suite and was told delivery would be in 6 to 8 weeks time. After nine weeks it still hasn't been delivered so can I cancel the contract and get my money back?

Probably not at this stage.

Time is not usually an element of a consumer contract unless it is specifically stated and the trader's statement of 6-8 weeks will just be a guide.

However if the delay is unreasonable you may advise the trader that you are now making time of the essence and provide a reasonable date by when the furniture must be delivered. If it isn't delivered by this date the contract may then be cancellable.

 

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I have just ordered a new hi-fi system over the Internet but have now seen it cheaper in a high street shop. Can I cancel the order?

When buying most types of goods over the internet (known as distance selling as the buyer and seller are not in the same place at the same time to make the transaction), the consumer has an unconditional right to cancel the contract up to seven working days after the date of delivery of the goods.

The goods however must be returned in a reasonable condition so the trader can resell them.

The trader can charge for the return of the goods if he has made this clear beforehand.

 

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I have just purchased a second hand car from the small ads of the local newspaper but after only one week the clutch has gone. Can I sue the seller for compensation as I've only just bought the car?

Consumers have far fewer rights when purchasing any goods from private sellers (as opposed to buying from traders).

The law requires that goods sold privately only have to be as described and they do not have to meet any minimum quality standards (except vehicles must be roadworthy and not sold in a dangerous condition).

Even if the vehicle was described as very good condition you would need to prove this wasn't the case at the time of the sale. The fact that the clutch has gone doesn't necessarily prove that the vehicle wasn't in good condition.

 

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What are my statutory rights against the retailer?

When you buy goods from a trader, you are always entitled to get goods:

• of satisfactory quality

• fit for their purpose

• as described

If they don't comply with this at the time of sale, for a short period afterwards you can return the goods and claim a full refund, or, if you have lost the right to reject you can still claim compensation e.g. the cost of a repair.

As an alternative you can now request a repair or a replacement, which the trader has to provide unless it is disproportionately costly, in which case he then has to provide a full or partial refund.

Faults can become apparent some time after sale (a latent fault), or an item may not be durable at the time of sale but this would not be apparent until it breaks down months later.

These faults could still be considered to be present at the time of sale. It is up to you to show the goods had been faulty when you purchased them unless you request a repair or replacement and return them within 6 months in which case it is for the trader to show the goods were of satisfactory quality at the time of the sale.

 

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I had a visit from a double-glazing salesman and I paid a deposit of £500 for some new windows and signed a credit agreement for a further £4500 but I have now changed my mind. Can I cancel the contract and get my deposit back?

As the agreement was signed at your home and not at the trader's premises you should have been given a copy of the credit agreement together with details of your cancellation rights when you signed the contract.

You should also receive a second copy of the agreement through the post signed by the credit company together with a second copy of your cancellation rights.

You have a cooling off period which runs from the time you signed the contract until 5 days after you receive the second copy of the contract during which you can cancel the contract without penalty and get your deposit back.

 

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I agreed to buy a car from a local dealer last week and put down a deposit of £100. I have now decided to buy a different car from another dealer so can I have my deposit back?

When you agreed to buy the car you entered a legally binding contract and you will be in breach of this contract if you decide not to go ahead with the purchase.

The courts would probably allow the dealer to keep the deposit for holding the car for you and not selling it to anyone else.

The dealer could also claim compensation from you if he has incurred any reasonable losses above the amount you left as a deposit.

 

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I had a contract with a local business for them to build an extension on my house and have paid a deposit of £500 by credit card. The business has now gone bust so am I entitled to my deposit back?

If a limited company owes you the money you can register as a creditor with the appointed liquidators who will be administering the company's debts, however it cannot be guaranteed that you will receive the money owed to you.

If the business is not a limited company but a private individual or partnership then the person(s) running the business are still liable to you even if they have stopped trading.

However for any payment over £100 which is made on a credit card (not a charge card) then under the provisions of Section 75 of the Consumer Credit Act 1974 the credit card company is equally liable with the trader.

You should therefore contact your credit card company and explain the situation and that you wish to make a claim against them.

 

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I have just found out that a second hand car I bought from a dealer three months ago has done 50,000 more miles than that indicated on the cars mileage indicator. The dealer has told me it isn't his responsibility, as he didn't know the car had done the higher mileage either. What can I do?

As the vehicle appears to have been misdescribed the trader may have committed a criminal offence and you should report the matter to Consumer Protection who will investigate the circumstances.

If you have been misled by the odometer reading then depending on the amount of use you have had of the car, you may be entitled to a refund or compensation to reflect the true value of the car.

 

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A few months ago I received some books from a company that I know I hadn't ordered. I thought no more of it but they are now asking me for £35 or they will take me to court. Do I have to pay them?

If you are sent unsolicited goods (i.e. you gave the business no indication at all that you wanted them) then the goods are unconditionally yours and you do not have to return them or pay for them.

It is also a criminal offence to demand payment for unsolicited goods sent to consumers and you should report this to Consumer Protection.

 

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A television I bought three months ago has developed a fault but the shop I bought it from has said I need to prove the television is faulty before they do anything about it. What can I do?

Prior to 31 March 2003, if you had to take court action against the trader you would certainly have to prove the television was faulty by getting an expert to examine it for you.

Now however, if you pursue certain remedies, any faults occurring within the first 6 months are assumed to be present at the time of sale.

This means you are entitled to a repair or replacement unless the trader can prove to the satisfaction of the court that the goods were satisfactory at the time of sale.

 

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I run a shop that repairs consumer goods. What procedure must I follow to dispose of uncollected goods - when can we throw then out?

In England and Wales the situation is covered by the Torts (Interference with Goods) Act 1977. Repairers may detain goods until charges are met, and sell the goods if the customer does not return (a period of not less than 3 months springs to mind).
It is advisable to retain the right to do this by stating it on the contract, or on a prominent notice. You should also take reasonable steps to trace the owner before selling. Or send him a notice specifying that the goods are ready for delivery (the form of which is specified in the Act)
In Scotland the situation is similar but is dealt with by common law

 

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Where can I get an application to store and sell fireworks in my shop?

You can get a guidance leaflet HERE and an application form HERE.

 

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My creditors keep calling at work and late in the evening - are they allowed to do this and how would you advise I deal with it?

If you do not pay your creditors they are allowed to keep reminding you from time to time but they must not do anything illegal.

If they threaten or harass you in an attempt to make you pay more they may be committing a criminal offence.

It is illegal for a lender to:

• Contact your employer, although they may phone you at work or on your mobile.

• Phone you late at night (after 9pm) or repeatedly at work.

• Park a vehicle marked Debt Collector outside your home.

Remember, you can't be prosecuted in a Criminal Court because you haven't paid your debts but some creditors might try and make you think you can. They may also try and trick you into thinking they are bailiffs or officers of the court. Acting in this way is illegal so be on your guard for it. Always ask for ID and contact your local Trading Standards Department if you are being harassed. They will, in most instances, be helpful about whether a creditor is acting illegally and what further steps can be done about it.

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I recently put £10 of petrol in my car but I don't think I got it all, what do I do?

In the first instance take a note of the pump number and call your local Trading Standards Office, they will send an inspector to check the pump. However modern pumps are very accurate and problems are relatively few, in fact meters have changed very little over the past 20 years or so because of their robust design. Typically petrol pumps will be accurate to at least 0.3-0.5 percent

 

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How much petrol can i store on my premises?

The Petroleum Consolidation Act requires you to have a licence to keep petroleum spirit (petrol and low flash point petroleum products) except for small quantities stored in certain types of container of maximum capacity 570mls.

Regulations allow trade premises to store up to 275 litres of petrol if it is kept for refuelling internal combustion engines only and not for resale. The licensing authority must be given notice in writing of the storage place before it is used.

For quantities of more than 275litres and for petroleum mixtures of any amount, (e.g. toluene, paint thinners etc), a licence will usually be required.

To obtain a licence you must satisfy requirements about storage conditions, safety measures and management systems.

Further details can be obtained by contacting one of our Petroleum Officers who can also advise on changes in the legislation expected in the coming year.

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Q1. What are Laws concerning toys in the UK?

All toys supplied in the UK are subject to the Toys (Safety) Regulations 1995. The Regulations implement a European Directive and the same safety requirements therefore apply throughout the European Community.

All toys supplied in the UK (and the rest of the Community) must satisfy essential safety requirements and bear the CE marking as a declaration that this is the case. They must also be accompanied by the name and address of the person who first placed the toy on the market.

It should be noted that the CE marking is to indicate that the toys are entitled to access to Community markets and is not a quality mark aimed at consumers.

Enforcement authorities have powers to remove unsafe toys from the market and bring prosecutions. Supplying (which includes retail sale) unsafe toys can result in a fine of up to £5,000, or a prison sentence of up to six months, or both.

 

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Q1. Why doesn't the government pass laws to regulate fireworks?

All fireworks sold to the general public must comply with the Fireworks (Safety) Regulations 1997 (SI 1997 No. 2294). These Regulations, among other things;

- ban supply of aerial shells, aerial maroons, shells-in-mortar and maroons-in-mortar, bangers, mini-rockets and fireworks of erratic flight (e.g. squibs, jumping crackers, helicopters) to the public;

- ban supply to the public of some large and powerful fireworks (Note: these fireworks can continue to be supplied to people who are in the business as a professional organiser or professional operator of firework displays);

- set 18 as the minimum age for purchasing fireworks (apart from certain fireworks such as caps, cracker snaps and party poppers which can be supplied to persons over 16);

- require that all fireworks allowed for sale to the general public comply with the British Standard (BS 7114);

Local authority trading standards officers enforce the Regulations. Suppliers, including shopkeepers, who breach the requirements can be prosecuted in a magistrates court and if found guilty can be fined up to £5000, face a term of imprisonment of up to six months, or both.

 

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Q2. How many people are injured by fireworks each year?

1,362 people required treatment at hospital casualty departments during the 2001 firework season. This represents far too many people being hurt and is an increase in injuries from the 972 in 2000. We are increasing our efforts to educate people on safe use of fireworks, particularly in those areas where injuries are highest.

 

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Q3. Why doesn't the Government do more to warn the public about fireworks hazards?

The DTI runs an annual firework safety campaign working closely with the police, fire brigades, and local authority environmental health, education and trading standards departments as well as certain charities.

For 2002 we redoubled our efforts and focused the campaign on the misuse of fireworks by young teenagers. Injuries to this group are disproportionately high and are more likely to result from casual incidents in the street or public places, which were up by nearly 60% on last year.

Information packs on how to promote firework safety campaigns at local level have been issued to all the participating bodies. The packs contain material on organising private and public displays, firework safety legislation and other information on the safe use of fireworks.

Display posters, leaflets aimed at consumers and TV fillers will be used to get the safety message across. Schools will be particularly targeted with an activity pack.

In addition, many local authorities and fire services run local firework safety campaigns in the run-up to the firework season and play an active role in informing retailers of their legal obligations.

 

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Q4. Will the Government ban fireworks?

No. The Government does not believe that the case has been made for banning the sale of fireworks to the public. We have looked very closely at this, and believe that such a ban could lead to the development of a black market in fireworks and could also encourage people to produce homemade devices. When used sensibly and with consideration for others, fireworks are a very popular form of family entertainment.

 

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Q5. What is the Government doing about the distress and injuries caused to animals?

Under section 1 of the Protection of Animals Act 1911 it is an offence to cause any unnecessary suffering to any domestic or captive animals. The penalty on conviction is a fine of up to £5000 or up to six months imprisonment, or both. Enforcement of this section of the Act rests with trading standards, the police or the RSPCA as appropriate.

 

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Q6. What is the Government doing to stop people throwing fireworks in the street?

This is already an offence under section 80 of the Explosives Act 1875 which prohibits the throwing or setting off of fireworks in any highway, street, thoroughfare or public place. The power to enforce this section of the Act rests with the police. Anyone found guilty is liable to a fine of up to £5000. In addition, on-the-spot fines (fixed penalty notices) can be given for throwing fireworks in 4 areas piloting the use of these fines for a range of offences.

 

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Q7. Will the Government do something about the noise caused by fireworks which can be very frightening, especially for older people?

At present, the government has little scope to cut the noise level of fireworks, though the overall size of fireworks which may be supplied to the public is controlled under the Fireworks (Safety) Regulations1997 which require all such fireworks to meet the requirements of British Standard 7114: Part 2.

Currently, the Government can only make regulations controlling fireworks where this relates to the safety of the public; loud noise whilst a very serious issue is not a question of safety. Setting low noise levels would require primary legislation. However, work is currently in hand within Europe to develop a European harmonised standard on fireworks, and this will, for the first time, set decibel levels. In addition the industry has volunteered to reduce the noise levels in line with forthcoming standards from next year.

The noise from fireworks could be deemed a statutory nuisance under Part III of the Environmental Protection Act 1990 which is the responsibility of the Department of the Environment, Food and Rural Affairs (DEFRA). This Act provides local authorities with powers to prevent or abate noise nuisance from premises and land. It is for local authority environmental health officers to judge whether a problem complained about may be considered a "statutory nuisance" and to act accordingly. In addition Authorities may adopt the Noise Act 1996 , enabling penalties of £100 to be applied following a 10 minute warning for excessive noise caused between 11pm and 7am.

 

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Q8. Why are fireworks available all year round? Will the government do something to restrict their sale to the traditional fireworks season?

Under a long-standing voluntary code of practice the firework industry has agreed that fireworks should only be sold in the three weeks before 5 November and for a few days afterwards, and for a similar period around New Year. Government, industry and trading standards authorities have all reinforced this message to retailers.

We believe this helps to contain the period when fireworks are generally available to the public. Without primary legislation there is no power to enforce this voluntary code. We are also aware that in our multi-cultural society, there are a number of festivals where the use of fireworks is traditional e.g. Diwali, Chinese New Year, and we need to ensure that we do not take action which prevent or undermine these festivals.

 

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Q9. How can we be sure that fireworks don't fall into the wrong hands and that fireworks are stored safely?

It is an offence to keep fireworks (except those for private use) on premises which have not been registered or licensed for that purpose. The Health and Safety Executive and Trading Standards vigorously enforce this law.

Under the Control of Explosives Regulations 1991 individuals can store fireworks for private use for up to 14 days provided they are kept in a safe and suitable place with due precautions for public safety.

 

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Q10. Wouldn't it be better to limit the use of fireworks to organised displays?

It is sometimes argued that the use of fireworks should be restricted to licensed organised displays. But fireworks can provide a popular form of family entertainment provided they are used safely and the Government is not persuaded that there is a case for banning the retail sale of fireworks.

 

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Q11. How can we be sure that organised displays are safe?

Many public displays are covered by the 1974 Health & Safety at Work Act. This requires that the safety of operators and the public must be safeguarded.

While we encourage all operators to be properly trained, the Government does not have the powers to introduce mandatory training schemes.

 

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Q12. Most fireworks are imported. How can we be sure they are safe?

Most fireworks sold to the general public in the UK originate in China. But whether fireworks are imported or made here in the UK, all which are intended for use by the public, must meet the requirements of the Fireworks (Safety) Regulations 1997 (set out above) and the British Standard BS 7114.

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