Invest NI No Nonsense Guide 11 (PDF) - Invest Northern Ireland

Selling correctly, getting paid on time and properly storing and using information about otherpeople and businesses are covered by some straightforward rules designed to make sure you actresponsibly and get a fair deal for yourself and your customersTrading regulationsand data protection48Unfair tradingMisleading descriptions ofthe goods and services yourbusiness provides or unfairmarketing and sales practicesare prohibitedDescriptions of your goodsmust not be misleading.The rules cover descriptionsgiven orally, in writing (in anadvertisement or brochure, forinstance) or as an illustration(perhaps in an advertisementor on packaging).You must deal with consumersfairly and honestly. Unfairpractices which are likelyto harm the interests of theaverage consumer are notallowed. These include:● conduct that fails to meet thestandard of honest marketpractice and acting in goodfaith;● misleading practices (suchas leaving out importantinformation);● aggressive sales tactics.Various unfair tactics arespecifically prohibited, including:● falsely claiming accreditation(eg, pretending that you areregistered with a trade bodywhen you are not);● advertising a product at aprice that you know you willnot be able to honour orwith the intention of sellinga different (more expensive)product;● phony competitions;● pyramid selling schemes;● refusing to leave a consumer’shome when asked to orpestering someone withpersistent phone calls oremails.Next steps● Visit www.nibusinessinfo.co.uk/tradingstandards● For more information, read:Consumer Protection FromUnfair Trading Regulations2008. Contact 0300 123 6262;www.detini.gov.uk/deti-consumer-indexTerms and conditionsof saleWhen a customer purchasesgoods or services from yourbusiness, you are entering intoa legal contractBy displaying priced goods ina shop or window display, in abrochure or on a price list, youare inviting customers to makeyou an offer for the goods —which you can either accept orrefuse. A contract is normallyformed when payment is made.At this point you and yourcustomer have made formal legalcommitments to one another —though this may not be the casein distance-selling arrangements.The contract cannot be cancelledwithout both parties' consentunless either party is in breachof contract (although there is acooling-off period for distancesales — see Next steps below).If, before a contract is formed,you make factual claims about aproduct or service which turn outto be untrue, and the customercan show they have basedtheir decision to buy on theserepresentations, they may be ableto make a claim against you.Certain terms are implied inevery transaction for the sale andsupply of goods. The goods must:● match any description givenof them;● be of satisfactory quality;depending on thecircumstances, this couldcover aspects such assuitability for their intendedpurpose, appearance andfinish, freedom from minordefects, safety and durability;● be fit for their purpose; thepurpose for which goods willbe used may be obvious (apen, for example); but if acustomer expressly indicatesthey want to use goodsfor a particular purpose,the goods must meet thisrequirement and you must tellthe customer if you doubt thegoods’ suitability.If the goods do not meet theseconditions, customers can rejectthe goods and demand a fullrefund provided they have notaccepted the goods. Acceptanceis signified by them telling youthey have accepted the goods(they must have had the chanceto examine them first), alteringthem in some way or keepingthem for a reasonable lengthof time (this varies accordingto the nature of the goods). Butthey are not considered to haveThe No-Nonsense Guide