AIM OF TODAY’S LESSON: TO RESEARCH THE SALES

OF GOODS ACT 2002

• Outline the acts

• Explain the different aspects involved in the acts

• Compare between the different years of the Act

• Extended objective:

• Write up research onto the Promote and sell task sheet

• EQ – Respect others in the groups points of views.

GROUP ONE – PLEASE EXPLAIN THIS IN MORE DETAIL AND GIVE AN OVERVIEW OF THE

ACT“Consumers are entitled to goods of a

satisfactory quality, taking account of any

description, the price or any other relevant

circumstances”.

GROUP 2 – PROVING THE FAULT

Explain the important aspects of

the fault

GROUP 3 – SALES RECEIPTS & RETURN POLICIES

State the requirements

How does retailer returns

policies work ?

SALES OF CONSUMERS ACT REGULATION

( MARCH 2003

Outline the new

regulations

COMPLETE THE TASK SHEET GIVEN AND COMPARE THE

DIFFERENCE BETWEEN THE ACTS OVER THE YEARS AT THE END FOR A GROUP DISCUSSION NEXT WEEK

COSMETIC PRODUCTS (SAFETY)REGULATION

S ACT

2004

AMENDMENT 2008

The main objective of cosmetic products safety

legislation is to safeguard public health. However, in

the early 1970s, it was recognised that differing

requirements of the Member States of the European

Community were causing difficulties for

manufacturers thereby hindering free trade and

preventing the establishment of a fully competitive

market.

THE REGULATIONS DEFINE A COSMETIC PRODUCT AS BEING:

"Any substance or preparation intended to be placed in contact

with any part of the external surfaces of the human body (that is to

say, the epidermis, hair system, nails, lips and external genital

organs), or with the teeth and the mucous membranes of the oral

cavity with a view exclusively or mainly to cleaning them, perfuming

them, changing their appearance, protecting them, keeping them in

good condition or correcting body odours except where such

cleaning, perfuming, protecting, changing, keeping, or correcting is

wholly for the purpose of treating or preventing disease."

THE REGULATIONS F U RT H E R D E F I N E " C O S M E T I C P R O D U C T

I N T E N D E D T O C O M E I N T O C O N TA C T

W I T H T H E M U C O U S M E M B R A N E S " A S :

"A cosmetic product intended to be applied in the

vicinity of the eyes, on the lips, in the oral cavity or

to the external genital organs, and does not include

any cosmetic product which is intended to come only

into brief contact with the skin."

MAIN PROVISIONS

It is an offence to supply cosmetic products that

are liable to cause damage to human health when

applied under normal conditions of use, or

reasonably foreseeable conditions of use, taking into

account all circumstances such as presentation,

labelling, instructions for use and disposal, and any

other information provided by the manufacturer, his

agent or first supplier in the UK.

• There are many substances that are either prohibited or restricted for use in cosmetic products. Reference should be made to the legislation itself for detailed information. There are some substances which are not subject to the Regulations, if the product was placed on the market before 24th March 2005 and was supplied before 24th September 2005. • There are restrictions on animal testing of cosmetic products and ingredients. • Certain labelling is required. • Certain information is required to be held by "the responsible person", who must also notify the competent authority (the DTI) of the types of product which they are manufacturing or importing into the EC.

• The Regulations make it an offence to supply a cosmetic product where the final formulation or any of the ingredients were tested on animals, other than using the authorised alternative method (where such an alternative method exists), after 11th September 2004.

MARKING/LABELLING

The following information must be given on the

packaging or labelling:

1. Ingredients

The package in which the cosmetic product is

supplied must bear a list of ingredients, headed

'Ingredients' (see note below), in descending order of

weight, determined at the time the ingredient was

added to the product.

MARKING/LABELLING

For products placed on the market after 11th

March 2005, perfume and aromatic compositions

and their raw materials will be referred to as

'perfume' (see note below) or 'aroma' unless: Ingredients in concentrations of less than 1% may be listed in any order after those of 1% or more. Where a cosmetic product is likely, within 30 months of the date of manufacture, to deteriorate to the extent that it no longer meets the safety requirements of the Regulations or is no longer fit for its purpose, it must be marked with a 'Best Before' date that reflects the earliest likely date this is likely to happen.

MARKING/LABELLING

Where a product has a shelf-life of more than 30

months, but it is liable to deteriorate after it is

opened to the extent that it no longer meets the

safety requirements of the Regulations or is no

longer fit for its purpose, it must be marked with the

following symbol together with an indication of its

expected life after opening:

This act was put in place to identify ingredients in

products to aid the consumer view ingredients and

prevent allergic reactions.

TRADES DESCRIPTIONACT 1978

This law empowers the punishment of companies

or individuals who make false claims about the

products or services that they sell.

Applying a false trade description to goods is a

strict liability offence: provided it is shown that the

description was applied and was false, the accused

has to prove certain defences in order to escape

conviction.

TRADES DESCRIPTIONACT C O N T I N U E D

Each product sold must be as described, of satisfactory quality,

and fit for purpose. "As described" refers to any advert or verbal

description made by the trader. "Satisfactory quality" covers

minor and cosmetic defects as well as substantial deficiencies and

means that products must last a reasonable time but does not give

any rights if a fault was obvious or pointed out at the point of sale.

"Fit for purpose" covers not only the obvious purpose of an item

but also any purpose determined at the point of sale as a result of

queries by the customer and assurances given by the trader.

It it against the law with this act to give a incorrect and false

description of an item to be sold.

CONSUMER PROTECTION ACT 1987

This introduced a regime that protects the consumer against

defective goods, misleading price and encourage safety.

This act applies to all goods, products &building and raw

materials but land is not included.

Liability falls on:

Producers;

Persons holding themselves out as producers, for example

by selling private label products under their own brand ("own-

branders"); and

CONSUMER PROTECTION ACT C O N T I N U E D

Importers into the European Union (EU) for

commercial sale.

Liability is strict, and there is no need to

demonstrate fault or negligence on behalf of the

producer. Liability cannot be "written out" by an

exclusion clause (s.7)

This act is to protect all consumers.

SALES & SUPPLY OF GOODS ACT 1994

The quality of the goods sold must be satisfactory

The law gives customers protection against unfair

selling practices

The consumer has basic legal rights if the product

is:

given a misleading description

of an unsatisfactory quality

not fit for its intended purpose

SALES & SUPPLY OF GOODS ACT C O N T I N U E D

This Act says that all products have to be of a

'satisfactory quality'. This means that they have to:

be safe

last for a reasonable amount of time

be fit for their intended purpose

have nothing wrong with them (unless the defect

was noted at the time of sale)

CONTINUED

Satisfactory quality; the standard that a reasonable

person would regard as satisfactory, taking into

account the price, description and any other relevant

factors

the seller is obliged to make sure the goods

provided are fit for that purpose, if it is reasonable

for the buyer to rely on the seller's expertise

DATA PROTECTION ACT – CUT & PASTE FROM

BUSINESS

Please note : This work is due in the

2nd Monday after half term.

The client study is required in the 1st

Tuesday after half term.