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Consumer Transactions - Restrictions On Statements Under the Consumer Transactions Restrictions on Statements Order 1976 it is a criminal offence to display a notice that attempts to restrict consumers' statutory rights. What constitutes a notice? Any advert, business document, sign in your premises (or on your website) or any statement affixed to goods or their packaging. Can I limit my liability to a customer? Under the Sale of Goods 1979 (as amended) a customer may be entitled to a refund where the goods sold are faulty, not as described or where the seller had no legal right to sell the goods. This right cannot be taken away and any attempt by a trader to limit this liability under the Acts by reference to an exclusion clause or similar notice will be void and therefore unenforceable. This would include statements or notices displayed on a website. Examples of illegal notices are:
Can I modify the notice to make it correct? It is a common misconception that restrictive notices, such as those described in the example above, can be displayed if they are accompanied by a statement such as "Your statutory rights remain unaffected". This is incorrect as such notices remain illegal. Can I enhance customer rights? Yes, you can give the customer more rights than are required by law. For example, on goods or business documents you may use:
On signs, you can give the customer more rights than required by law, but you must not restrict customers' rights in any way. Please Note This leaflet is not an authoritative interpretation of the law and is intended only for guidance. For further information please contact your local Consumer Protection or Trading Standards office.
Trading Standards Division, 3rd Floor, Wallasey Town Hall, Brighton Street, Wallasey, Wirral CH44 8ED
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