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 states that unfair commercial 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
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
trader’s:-
(a) identity;
(b) assets;
(c) qualifications;
(d) status;
(e) approval;
(f) affiliations or connections;
(g) ownership of industrial,
commercial or intellectual property rights;
This published article may contain information of general interest about current legal issues, but does not give legal advice
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