Tuesday, 19 June 2012

Consumer’s are you aware of a trader’s (any person who in relation to a commercial practice is acting for purposes relating to his business and anyone acting in the name of or on behalf of a trader)  obligations under the Consumer Protection from Unfair Trading Regulations 2008
Under Paragraph 3 of The Consumer Protection from Unfair Trading Regulations 2008 it clearly sets out that there are five unfair commercial practices for which there is strict liability in the event that a trader engages in such practices.

There are five stated commercial practice which can be considered to be  unfair and in this article we will deal with a trader who takes undertakes a  misleading action.   It states in the regulations that an action is misleading if it contains false information and is therefore untruthful in relation to:-

a)     the existence or nature of the product;

b)     the main characteristics of the product (see these in below list)

c)     the extent of the trader’s commitments;

d)     the motives for the commercial practice;

e)     the nature of the sales process;

f)      any statement or symbol relating to direct or indirect sponsorship or approval of the trader

g)    or the product;

h)   the price or the manner in which the price is calculated;

i)     the existence of a specific price advantage;

j)      the need for a service, part, replacement or repair;

k)    the nature, attributes and rights of the trader (see these in paragraph below);

l)     the consumer’s rights or the risks he may face. 

m)  or if it or its overall presentation in any way deceives or is likely to.

In Paragraph (b) above, the “main characteristics of the product” include

a)   availability of the product;

b)   benefits of the product;

c)   risks of the product;

d)   execution of the product;

e)    composition of the product;

f)     accessories of the product;

g)    after-sale customer assistance concerning the product;

h)   the handling of complaints about the product;

i)     the method and date of manufacture of the product;

j)      the method and date of provision of the product;

k)    delivery of the product;

l)     fitness for purpose of the product;

m)  usage of the product;

n)   quantity of the product;

o)    specification of the product;

p)    geographical or commercial origin of the product;

q)    results to be expected from use of the product; and

r)     results and material features of tests or checks carried out on the product.

s)    any of the matters

In paragraph (4)(j), the “nature, attributes and rights” as far as concern the trader include the


(a) identity;

(b) assets;

(c) qualifications;

(d) status;

(e) approval;

(f) affiliations or connections;

(g) ownership of industrial, commercial or intellectual property rights;

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