The legal side of things
A market trader must also be aware of other statutory legislation applicable to him or her. As a self employed person a trader is required to pay National Insurance contributions, (except in the case of a married woman, who can opt out).
This can be done by stamping a card, or opting for the easy way of using a direct debit system at the bank. This method ensures it does not slip your memory.
Food traders, particularly ones selling perishable products, should make themselves aware of the Food Hygiene Legislation such as statutory temperature controls in selling and transporting foods. If they use their own stall it will be necessary for them to register the address where the stall is kept. Consumer legislation, such as the Sale of Goods Act, and the Trade Descriptions Act must be strictly adhered to. For advice contact your local Environmental Health Department.
If an article is brought back that is faulty or not fit for the purpose for which it was sold, then the trader must rectify the matter either by exchanging the goods, giving a credit note or a full cash refund, but remember whatever method is used it is the customers choice.
Often goods may be returned that are not faulty but the customer has found out it was not really what they wanted, or in the case of clothing, it does not quite fit. In this case there is no obligation to make the matter right, but if you feel the reason is genuine, then in the long term it is better to do so.
You may lose a sale on this occasion, but you have built some goodwill, and the customer will most likely return again and again. By adopting this attitude you may occasionally be taken for a ride by an unscrupulous and dishonest customer, but the good reputation you will build up completely justifies it.
To adhere to the Trade Descriptions Act is simple. Don't sell counterfeit goods, and don't describe your goods incorrectly. If you are selling seconds don't describe them as perfect. If you are selling Egyptian new potatoes, don't describe them as English. If you do you will eventually fall foul of the Trading Standards, and apart from the fine you will be facing your reputation will be harmed.
This can only be a brief outline of your responsibilities to meet legal requirements. |
