Fair Trading

The Isle of Wight Trading Standards Service works to ensure a fair trading environment both for consumers and businesses. Some complaints that we receive are investigated in accordance with our Enforcement Policy.

Fair Trading is a substantially large area of Trading Standards work and it is broken down into the following subject headings to make it easier to find information about an area you are looking for.

➢ Descriptions for Goods and Services
➢ Cancellation of Contracts
➢ Pricing
➢ Counterfeit Goods
➢ Distance Selling & E-Commerce
➢ Hallmarking
➢ Estate Agency
➢ Package Tours and Holidays

Descriptions for Goods & Services

We check the accuracy of statements made by traders which could mislead consumers into buying goods and services which they otherwise wouldn’t have purchased. We do this through responding to consumer complaints, receiving intelligence, routine inspections and project work. The relevant legislation that covers this area is the Consumer Protection from Unfair Trading Regulations 2008

Similar legislation exists to protect business to business dealings through The Business Protection from Misleading Marketing Regulations 2008 This only applies to one business transacting with another.

Cancellation of Contracts

The Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations 2008

We advise businesses on their duty to give a cancellation notice to consumers when contracts are entered into in their home or place of work, whether solicited or not. This work must not commence within the 7 day ‘cooling off’ period, unless expressly requested in writing by the consumer.

We place special emphasis on disrupting rogue traders who visit the homes of vulnerable consumers, encouraging them to enter into mainly home improvement contracts on the doorstep.

Click here to download a copy of the Regulations.

Pricing

We ensure that all goods sold at retail have a price indication and that offers are genuine and not misleading.

Counterfeit Goods

Trade in Counterfeit goods has a major effect on commercial and economic stability. We enforce legislation which protects the Intellectual Property rights of legitimate businesses. Intellectual Property covers Trade Marks, Copyright, Designs & Patents and Fraud.

The UK Intellectual Property Office gives advice on how to protect you Intellectual Property. Click here to view their website.

If you believe that someone is selling a counterfeit product, please report it to us.

Distance Selling & E-Commerce

When commercial activity takes place by distance means, e.g. telephone, mail order and the internet, certain information must be given to consumers. This includes their right to cancel the contract within 7 days. Terms and conditions must also be displayed.

Related Links for further information:

Beginners Guide to the E-Commerce Regulations 2002

Hallmarking

We enforce the Hallmarking Act 1973 which requires most goods made with precious metals to be genuinely Hallmarked and that sellers of such goods to display a notice detailing the marks on trade premises.

Related Links for further information:

The Assay Office

The British Hallmarking Council

Estate Agency

We enforce and advise on legislation that governs Estate Agents, namely under the Estate Agents Act 1979 and the Property Misdescriptions Act 1991 that ensures properties are fairly marketed. We also have a duty to advise and enforce the Energy Performance Certificates Regulations where necessary. It is also a requirement that an Estate Agent belongs to an approved redress scheme.

Package Tours and Holidays

There are specific requirements for certain information to be given to consumers. Money taken by providers of holiday packages must be secured and protected from insolvency.

Related Business Advice:

ERWIN (Everything Regulation Whenever It’s Needed)

Page last updated on: 22/06/2011