LONDON eDITION winter 2016 round-up returning christmas presents: a traders rights The return of Christmas gifts is the top complaint dealt with by the Retail ombudsman each January, which indicates many consumers do not know their rights in this area or just as importantly to what they are not entitled. Equally, traders should have a good understanding of what their rights are so heres what you need to know. The legal position Round-uP When consumers buy in store, there is no obligation on traders to accept returns unless an item is faulty, not as described or is unfit for purpose, or they have a goodwill returns policy. Consumers have additional rights when they buy from traders online, or from anywhere away from their business premises, such as from a magazine or at an exhibition. Then, the Consumer Contracts Regulations afford them the right to cancel an order and so return the goods from the moment they place the order until 14 days after delivery. However, this right does not apply to: l dVds, music and computer software if unwrapped and the security tag/seal is broken l Perishable goods l Made-to-order/bespoke goods certain conditions. during the festive shopping period, it is advisable to have a specific, written policy for returning Christmas presents. Thisshould explain whether you accept returns of presents and, if you do, confirm: l What your policy is if the recipient of the gift, rather than the purchaser, returns the goods will you accept this and do they need a receipt or gift receipt? l The time limit on returning goods l Any other conditions, such as the goods being in the original, undamaged packaging l Whether you will refund, offer an exchange, or provide a credit note returns policy Returns policies are usually displayed on receipts, on signs in-store and online. The important point is to make sure your returns policy is prominent and, therefore, easily accessible to consumers. Most traders have some form of policy that means consumers can return goods where there is no statutory right to doso, under Credit: dean dunham Images: J Helgason / Shutterstock Storing and selling fireworks safely The actions you need to take are to: l Prevent a fire starting l Stop it spreading l Protect people in the event of a fire The risk assessment is about taking sensible, common sense precautions. For example, a fire could be started by a cigarette, so you will need to take steps to stop people smoking anywhere near the fireworks. A checklist to help you carry out your risk assessment is available from the HSE website. There is a leaflet that is aimed at anyone who sells fireworks. It outlines the risks and the main legal requirements that apply. It includes a helpful list of dos and donts for duty holders. It also gives a clear explanation of what action to take and why. Round-uP If you are planning to sell fireworks, you have to protect the safety of your staff and customers and comply with the law. It is a criminal offence to store explosives in premises that have not been licensed. The approval of a licence to store or sell fireworks or explosives will depend upon the decision of an inspector. A licence can be refused if you are not deemed a fit person to hold a licence, if the site is unsuitable to store explosives or if there are not adequate fire and safety measures on site. You must do a risk assessment. This means thinking about what might cause harm to people and deciding whether you are taking reasonable steps to prevent that harm. The main questions you need to ask yourself about how fireworks being stored and sold on retail premises can harm people are: l How could a fire start? l How could it spread? l What do I need to do to protect people if there is a fire? contacts For metropolitan counties West Midlands, Merseyside, Greater Manchester, Tyne and Wear, South Yorkshire and West Yorkshire the fire service is responsible for licensing and enforcing the regulations on storage. It also responsible for licensing the sale is of fireworks. In other areas, the licensing and enforcement authority is normally the trading standards department of your local authority. It is also responsible for licensing the sale of fireworks. In all areas, the trading standards department is responsible for enforcing regulations on consumer safety and age of purchase. You can find the contact details for your local trading standards department at www.gov. uk/find-local-trading-standards-office Your fireworks supplier is a useful source of advice and information, and your local licensing authority should also be able to advise and assist. Credit: Tony Shore Images: T M o Buildings / Alamy Stock Photo AWAre Of crIMe? rePOrT IT AnOnYMOuSlY TO TrAdInG STAndArdS The level playing field that nurtures and promotes economic growth and development for businesses, locally and nationally, is maintained by Trading Standards. It partly does this by providing advice and assistance to honest and legitimate traders who request guidance on legislation, and by assisting those traders who lose their way in the world of Trading Standards and need a little help to become compliant. Where businesses choose to trade outside the law and ignore the advice and guidance given, Trading Standards tackles them by using appropriate enforcement action. A lack of willingness and cooperation to comply with trading law and any engagement in criminal activity undermines and harms legitimate trade. This inevitably leads to honest businesses being disadvantaged and having to compete against traders who offer inferior goods and services. To survive, the honest business may be forced to lower its standards or its quality of product, resulting in unsatisfied consumers. Left unchecked, this leads to a loss in consumer confidence, and has resulted in certain trade sectors being mistrusted. By working with Trading Standards, legitimate businesses that believe their sector is being damaged and undermined by unscrupulous traders can now help focus and target Trading Standards resources, and reduce the harm being inflicted upon their profession. Traders who believe their professions reputation is being harmed and undermined by illegitimate traders working outside the law can now report people engaged in such activities via the anonymous, automated hotline 0300 303 2636 or by using the online reporting system www.centsa.org.uk/anonymous-hotline Working together to rid professions of unlawful traders will result in better reputations for these sectors, and improve consumer confidence and trust. This will, in turn, encourage growth in trade and economic development, both locally and nationally. Report foul play to create a level playing field for all. Credit: Paul Gudger For further information please contact your local Trading Standards Service