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Christmas Tips

Aberdeen City Council Trading Standards Service offer the following advice in their annual Christmas reminder.

Bill Fraser, Trading Standards Manager said: "For a safe Christmas for yourself and your family it's important to follow some basic safety advice - especially where candles and decorations are concerned. Many accidents and injuries could be prevented each year if people were more aware of the potential dangers".

In the shops


Shops do not have to give you a refund or exchange if you change your mind or if a gift is simply unwanted.

So when buying presents check the seller's returns policy. If you want to be able to return an unsuitable item ask for confirmation in writing.

The law protects you if the goods supplied are faulty, or not as described

These rights apply to the purchaser of the goods not the recipient of the present.

Before making a complaint make sure that you have proof of purchase. This can be a receipt or a credit or debit card slip or other document which shows where you bought the goods and how much you paid.

You should also make sure that you have followed the instructions and not damaged the goods. Stop using them when a fault becomes apparent and contact the shop as soon as possible.

Christmas Lights

When purchasing Christmas lights buy them from reputable traders.

Check that they comply with safety standards and have the CE mark.

Always examine Christmas lights prior to using them, and if they show any signs of damage or the flex is badly knotted or for any other replace them, don't switch them on.

When using lights outside always ensure that they are suitable for this purpose - outdoor lights are usually marked as suitable by labelling on the box or by a permanent label attached to them.

Toy Safety

Here's a checklist you should consult before you buy toys. It could make all the difference between toys that bring joy and toys that bring tears...

Small Parts

  • Avoid toys with small parts for young children. These can be inhaled, cause choking or be put into ears or noses. Beware of small parts that can become loose or be bitten off.

Filling Materials

  • Filling in soft toys can choke young children. Check all seams are secure.

Toys With Hair

  • Loose hair is a serious choking hazard to young children. Check all hair is securely attached.

Sharp Edges

  • Examine toys for sharp or rough edges, points or splinters.

Finger Traps

  • Be aware that toys that fold or have hinges may trap children's fingers. Check that locking devices work properly.

Cot Toys

  • Don't buy cot or pram toys with long or loose strings. These can become entangled with a child's body or cause strangulation.

CE Mark

  • This is required to be on all toys.

Warnings

  • These offer guidance that must be followed.

Instructions

  • These tell you how to use the toy safely.

Candle Safety Advice

Candles can create the right atmosphere in your home on winter evenings, they can also create disasters. Every year almost 2000 people in the UK need hospital treatment following accidents caused by candles.

  • Never leave candles unattended
  • Always place candle holders on a heat resistant surface
  • Keep them away from children and animals
  • Do not touch or move until fully cooled
  • Place candles on a level position away from flammable materials, heat and draughts
  • Never allow the flame to come in contact with a glass container
  • If candle overheats and flares, cover with a damp cloth. Never use water.
  • Do not put on television or any other plastic surface
  • Follow all safety warnings supplied with the candles
  • If you have any doubts about their safety, don’t use them.
For advice on product safety call Trading Standards on 01224 523737.
Aberdeen City Council, 
St Nicholas House. 
Broad Street, 
Aberdeen, AB10 1BX
 
Email - tradingstandards@aberdeencity.gov.uk
Website - www.tradingstandards.gov.uk/aberdeen 

For a free safety Home Check call 01224 584060.

If you reside out with Aberdeen City, contact your local Trading Standards Service

 

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CHRISTMAS SHOPPING  

When you purchase goods from a trader, you are entering into a binding contract which places legal obligations on both parties, some traders may try to get out of their obligations. Do you know whether the trader is correct? Read on and check your knowledge.

"I have just purchased a product that is faulty. Is it the manufacturers responsibility to rectify any faults?"
No! The manufacturer does not have any liability to the consumer. The seller of the product always has liability for the goods they sell. However, the manufacturer may be willing to carry out repairs which are covered by their guarantee.

"I have just purchased some goods which are defective. The trader will only offer me a credit note, or an exchange. Is he right?"
Usually no! The law considers that the seller of the goods is liable for breaches of contract, such as goods being faulty, not the manufacturer. In some exceptional circumstances, the manufacturer may be liable, i.e. if you are injured by an unsafe product, or if the manufacturer was negligent. If you suspect this, get some further advice.

"I have just purchased something that I do not want anymore. Does the shop have to give me a refund?"
No! You are only entitled to a refund if the goods are defective. However, the trader may be willing to give you a credit note.

"I have accepted a credit note from a trader, but they do not have anything that I like. Can I now demand that the trader gives me the cash?"
No! You are not entitled to a refund once you have accepted a credit note. Also, beware that if you do not use the credit note before its time limit expires , it will become worthless.

"I took some faulty goods back to the shop, but the trader pointed to a notice which stated " No Refunds". Is this correct?"
No! Traders cannot restrict their liability for faulty goods. In fact these notices are illegal and the trader could be prosecuted by Trading Standards.

"I purchased goods over a year ago and the guarantee has now expired. The trader has advised me that he does not have any responsibility for the goods. Is he right?"
No! Guarantees are extra to your legal rights. If the goods are faulty due to an inherent fault, it is the traders responsibility to rectify the situation.

"I went to a "sale" and purchased some goods that are now faulty. The trader will not accept any liability as they were sale items. Is he right?"
No! You have the same rights when buying "sale" goods as when you buy a brand new item. However, if the price has been reduced because the item was damaged, you cannot complain about the damage. Even though you also have the same rights when buying second hand goods, you will have to accept that the item may not be as reliable as a new model.

"I have purchased some faulty goods, but unfortunately I have lost the receipt. The trader says that because I do not have a receipt, I do not have any rights. Is he right?"
No! You do not have to produce a receipt in order to pursue a claim for faulty goods. However, under the law, you are required to prove that you purchased the product. Therefore, if you paid by cash, a receipt may be the only proof that you have.

"I purchased some clothes which I have now found do not fit me. The trader will not take them back and give me a refund. Is he correct?"
Yes! You only have a claim against the seller if the goods are faulty or misdescribed.

"I have purchased a camera that is faulty. The trader is unable to find out what the fault is and wants to send the camera back to the manufacturer. Can he do this?"
Yes! Although the trader is liable under the Sale and Supply of Goods Act, if the trader is unable to ascertain the cause of the defect, it would be reasonable to seek a second opinion from the manufacturer.

"I purchased an ex display washing machine which had a damaged casing. The trader will not take the machine back. Is he right?"
Yes! You cannot complain about faults that you knew about before you purchased the goods. However, apart from the known faults, the machine is still required to be of a "satisfactory" quality and work properly.

"I want to purchase a three piece suite that is on display in a shop. The shop refused to sell it to me. Does a shop have the right to refuse to sell goods?"
Yes! Goods on display in a shop are there for you to make an offer to buy, the shop is not obliged to accept your offer. The same applies where goods have been labelled with the wrong price, the shop does not have to sell at that price.

"I was given a present which has developed a fault. The trader will not accept liability even though the goods were purchased from him. Can he refuse to deal with me?"
Usually, the law considers that the buyer of the gift is the only one who has a contract with the shop. But if the buyer made it clear that the goods were meant as a gift, and identified you as the recipient, then you will have rights as a "Third Party" in the contract against the Trader.

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THE COST OF CHRISTMAS

Christmas shoppers are being warned to beware of counterfeit goods and potentially harmful presents.

Shopping can turn to Christmas panic when common sense often disappears amid desperate attempts to find suitable items for friends and family.

The cost of Christmas seems to be spiralling out of control - UK retail spending, including food in December 2000, hit a staggering £25bn.

The UK is spending an average £300 a head on presents - so there is little wonder that shoppers can be tempted to cut down on bills by buying cheap goods from unauthorised traders.


We spend an average £300 each on presents

Trading standards officers and Consumer Affairs Minister Kim Howells are warning of the serious drawbacks in doing this.

A toy bought cheaply in a pub could even kill or maim a child, and a "designer" shirt bought from a man with a suitcase in the street might fall apart on first use - or be a tacky replica of the real thing.

It is often impossible to seek redress, as the seller may not return to the same place twice.

But Kim Howells says shopper can help combat the problem: "People should be aware that counterfeiting damages everyone, not just big business. Fake goods are at best poor quality, at worst dangerous.

"Consumers can help to reduce the demand for fakes and drive the counterfeiters out of work."

In particular, trading standards officers are warning against cheap imported micro scooters with sharp edges, novelty slippers with eyes that fall out, "designer" jeans, perfumes and bags.

"It's not just that these perfumes smell awful, they are dangerous and often made with industrial essence. This is not the sort of thing you should be putting on your skin".

The Trading Standards Institute has drawn up a list of tips for shoppers and it advises that even if you are in a hurry, safe is better than sorry.

It recommends that: shoppers buy from a recognised retailer or one they know, look out for the BSI Kite and "Lion" quality mark, and check the age group for which a toy is suitable.

The institute warns consumers to be wary about buying from car boot sales, unlicensed street traders and short-term lease shops, pubs and clubs

The Consumers' Association also has advice for shoppers buying in haste.

Ajay Patel, the association's principal lawyer, says: "What shoppers must bear in mind, even when they're shopping in a rush, is that they still have rights.

"If the goods are faulty or are unfit for the purpose for which they were intended and fall apart, they are entitled to their money back - don't get fobbed off by a credit note, unless you want one."

He warns that if you decide you do not like the item, a shop has no legal obligation to take goods back - although many do as part of their customer service policies.

He suggests that shoppers check this before buying.

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THE COST OF CHRISTMAS

Christmas shoppers are being warned to beware of counterfeit goods and potentially harmful presents.

Shopping can turn to Christmas panic when common sense often disappears amid desperate attempts to find suitable items for friends and family.

The cost of Christmas seems to be spiralling out of control - UK retail spending, including food in December 2000, hit a staggering £25bn.

The UK is spending an average £300 a head on presents - so there is little wonder that shoppers can be tempted to cut down on bills by buying cheap goods from unauthorised traders.


We spend an average £300 each on presents

Trading standards officers and Consumer Affairs Minister Kim Howells are warning of the serious drawbacks in doing this.

A toy bought cheaply in a pub could even kill or maim a child, and a "designer" shirt bought from a man with a suitcase in the street might fall apart on first use - or be a tacky replica of the real thing.

It is often impossible to seek redress, as the seller may not return to the same place twice.

But Kim Howells says shopper can help combat the problem: "People should be aware that counterfeiting damages everyone, not just big business. Fake goods are at best poor quality, at worst dangerous.

"Consumers can help to reduce the demand for fakes and drive the counterfeiters out of work."

In particular, trading standards officers are warning against cheap imported micro scooters with sharp edges, novelty slippers with eyes that fall out, "designer" jeans, perfumes and bags.

"It's not just that these perfumes smell awful, they are dangerous and often made with industrial essence. This is not the sort of thing you should be putting on your skin".

The Trading Standards Institute has drawn up a list of tips for shoppers and it advises that even if you are in a hurry, safe is better than sorry.

It recommends that: shoppers buy from a recognised retailer or one they know, look out for the BSI Kite and "Lion" quality mark, and check the age group for which a toy is suitable.

The institute warns consumers to be wary about buying from car boot sales, unlicensed street traders and short-term lease shops, pubs and clubs

The Consumers' Association also has advice for shoppers buying in haste.

Ajay Patel, the association's principal lawyer, says: "What shoppers must bear in mind, even when they're shopping in a rush, is that they still have rights.

"If the goods are faulty or are unfit for the purpose for which they were intended and fall apart, they are entitled to their money back - don't get fobbed off by a credit note, unless you want one."

He warns that if you decide you do not like the item, a shop has no legal obligation to take goods back - although many do as part of their customer service policies.

He suggests that shoppers check this before buying.

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TRADER ADVICE

As children are considered to be particularly vulnerable, the Toys (Safety) Regulations 1995 require that toys comply with a number of essential safety requirements. The rules apply to new and second-hand toys.

A toy is defined as any product or material designed or clearly intended for use in play by children under 14, subject to a number of exclusions.

GENERAL PRINCIPLES

• The users of toys, as well as third parties, must be protected against health hazards and risk of physical injury when toys are used as intended or in a foreseeable way, bearing in mind the normal behaviour of children.

• The degree of risk must be commensurate with the ability of their users, in particular where toys are intended for use by children under 36 months. Warnings regarding minimum ages and the need for adult supervision may be necessary.

• Labels and instructions may be needed to draw attention to any risks associated with the toy.

PARTICULAR RISKS

Physical and mechanical properties.

Toys must be strong enough to resist damage that could lead to a risk of injury. Edges, protrusions, cords, cables and fastenings should be designed and constructed so they are safe.

Moving parts must not pinch, trap, or cut.

Toys for under 36 months, or their detachable parts must not present a choking hazard.

Toys or their packaging should not present a risk of strangulation or suffocation.

Aquatic toys, when used as intended, should be designed so as to reduce as far as possible any risk of loss of buoyancy. (Aquatic equipment for use in deep water is not classed as a toy).

Toys that a child may enter must have a means of escape that can open easily from the inside.

Toys conferring mobility should incorporate a means of stopping that is easy and safe to use.

Projectiles should be of a type that presents little risk of injury, and should develop limited kinetic energy.

The surfaces of toys with heating elements must not get hot enough to cause burns when touched, and any liquid or gas within such toys should not cause injury if it escapes.

Flammability

  • Toys must not constitute a dangerous flammable element in the child’s environment. They should be resistant to accidental ignition, and if they do ignite they should burn slowly.

  • If toys contain dangerous substances in order to function (e.g. chemistry sets, model assembly kits, ceramics, photography) they must not contain substances which may become volatile due to loss of non-flammable volatile components.

  • Toys must not be explosive, or contain potentially explosive substances (fireworks and percussion caps are not classed as toys).

  • Toys, and in particular chemistry games and toys, must not contain substances that, when mixed, may explode through chemical reaction, oxidisation, or heating. They should not contain volatile components which are flammable in air.

Chemical properties

  • Toys should not present health hazards or risks of physical injury by ingestion, inhalation or contact with the skin, mucous tissues or eyes. Maximum levels are set for the bioavailability of heavy metals.

Electrical properties

  • Electrical toys must not be powered by electricity exceeding 24volts.

  • Parts which are connected to, or may come into contact with a source of electricity capable of causing electric shock must be properly insulated and mechanically protected.

  • The maximum temperatures reached by all directly accessible surfaces must not be such as to cause burns when touched.

Hygiene

  • Toys must be designed to be hygienic and clean in order to avoid any risk of infection, sickness and contamination.

Radioactivity

  • Toys must not contain radioactive elements or substances in forms or proportions likely to cause illness.

Labelling

  • In addition to the requirement that toys should be safe there are a number of labelling requirements.

    The CE mark

New toys must be marked with the CE mark, which indicates that the toy meets the essential safety requirements, and details of the manufacturer or importer must be supplied. Used toys are exempt from this requirement. The presence of a CE mark on an undamaged toy, with warnings and instructions as appropriate may be sufficient to satisfy retailers that a used toy is safe, but without the CE mark extra care should be taken.

Safety Information

All new and used toys must be marked with warnings and instructions where necessary for their safe use. There are a number of standard warnings such as “Not suitable for children under 36 months”, “Warning: protective equipment should be worn”, and “Warning: to be used under the direct supervision of an adult”, that must be used in specified circumstances. In addition, where necessary to reduce inherent risks in a toy’s use, appropriate warnings and instructions for use must accompany the toy.


PRODUCTS NOT REGARDED AS TOYS


The Regulations list a number of items that are not regarded as toys. However these should be reasonably safe and may be covered either by specific legislation, or by the General Product Safety Regulations
2005. Items not regarded as toys are:

  • Aquatic equipment for deep water

  • Air guns and air pistols

  • Babies dummies

  • Bicycles for sport or highway use

  • Christmas decorations

  • Detailed scale models for adult collectors

  • Electric ovens, irons or other functional products operated at a nominal voltage exceeding 24 volts

  • Faithful reproductions of firearms

  • Fashion jewellery for children

  • Fireworks including percussion caps

  • Folk dolls and decorative dolls etc. for collectors

  • Playground equipment

  • Products containing heating elements intended for use under the supervision of an adult in a teaching context

  • ‘Professional’ toys in public places

  • Puzzles with more than 500 pieces or without picture

  • Sets of darts with metallic points

  • Slings and catapults

  • Sports equipment

  • Toy steam engines

  • Vehicles with combustion engines

  • Video toys that can be connected to a video screen, operated at a nominal voltage exceeding 24 volts

 

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Top of Page Message

Aberdeen City Council, Trading Standards Service,
St. Nicholas House, Broad Street, Aberdeen, AB10 1BX
Telephone: (01224) 523737 Fax: (01224) 645786
 
Web http://www.tradingstandards.gov.uk/Aberdeen/
E-Mail: tradingstandards@aberdeencity.gov.uk
 
Copyright © Aberdeen City Council Trading Standards Service 2004