South Yorkshire Trading StandardsMotor Trade PartnershipContents
Contact Details1
Benefits to the Consumer2
Benefits to the Business2
Terms of the Code4
Legislation7
Dispute Resolution Procedures 9
Contact Details
For general information about the scheme, please contact:
Tracey Lane (Partnership Development Officer)
Tel:01302737324
Blackberry:07770 642485
Email:[email protected]
For detailed information regarding specific Trading Standards legislation, please contact:
???????????? (Barnsley)Tel:01226-772532
???????? (Doncaster)Tel:01302-737532
??????????(Rotherham) Tel:01709-823122
?????????(Sheffield)Tel:01142736290
Consumer Guide
To promote the scheme a consumer guide will be produced.
The guide should be readily available to prospective customers as well as being handed to customers involved in the purchase of new and used vehicles.
The guide will contain details of:
The purpose and aims of the partnership
The partnership logo
Consumer benefits
Consumer Feedback Form
Details of the complaints procedure
Details of the nominated contact officers
The Motor Trade Partnership requires its members to display consumer guide leaflets in a prominent position for potential customers; one of these leaflets is to be put in each deal pack.
Benefits to Consumers
Increases consumer confidence, traders have been audited / approved.
Complete peace of mind in the unfortunate event of a member becoming insolvent and ceasing to trade. Our insurance policy will cover any cash deposits paid up front to the member. l Easy access to nominated senior representative at each dealership.
Training provided by Trading Standards to traders to provide competency in major legal areas.
Each member must have an effective customer complaints procedure, understood and implemented by all employees.
Trading Standards intervention if consumer complaints not resolved within 14 days, including an independent check if required by South Yorkshire Trading Standards Motor Engineers.
Consumer Guide available at each dealership.
Benefits to Business
Increased consumer confidence and reduced numbers of complaints
Recognition of business standards and good practice
Publicity, advertising, marketing opportunity and use of the dedicated logo (Trading Standards)
Information and legal advice from Trading Standards
The Dedicated Web Site (http://www.motortradingstandards.co.uk/) providing a range of resources for consumers, information about the partnership and comprehensive membership details, including links to the members own web facilities.
A consumer guide available through members, Trading Standards and other agencies.
Annual Certificate of Membership.
Direct Liaison with nominated officers at Trading Standards for members and consumers.
Free assistance and advice on staff training where appropriate and the opportunity for members to arrange comprehensive training packages tailored to specific needs.
Membership seminars, including legislative training and topical issues.
Terms of the Code
The following terms and conditions constitute the Code of the South Yorkshire Motor Trade Partnership. Compliance with this code is mandatory for all businesses.
The member will be a retailer of new and used (or both) vehicles from retail premises within South Yorkshire.
Membership is conditional upon the audit of business practices and procedures on a regular basis.
The member (or any business applying for membership) must provide the Trading Standards Service with full details of:
Legal ownership of the business
Registered Office and / or trading address
Management structure Gross annual turnover
Any changes in ownership (or factors which might affect compliance with this code) must be notified to the Partnership Development Officer as soon as is practicable.
Businesses with criminal convictions or a complaints history deemed to be incompatible with membership of the scheme will be excluded from eligibility. Any refusal of membership is subject to appeal (see appeals procedure).
Members must comply with the spirit of the law and demonstrate a commitment to fair trading and recognised good business practice.
Members must ensure that all relevant staff are adequately trained in all aspects of fair-trading.
Members must ensure that all relevant staff are aware of this code and ensure compliance with it.
A copy of this code must be retained by the member and be available to a consumer upon request.
Members must comply with the Complaints Procedure of this code.
Members must ensure that the Complaints Procedure is implemented and understood by all relevant employees.
Terms of the Code
All code members shall be bound to accept a decision made under the scheme.
All consumer complaints must be dealt with in a prompt, effective and courteous manner.
A member must not engage in any practice likely to be viewed as high pressure selling, these may include offers that depend upon the customer agreeing with a limited time and acquisition of deposits during pre-contract negotiations.
Code members will offer maximum co-operation with local consumer advisers or any other intermediary consulted by a consumer when making a complaint.
A record of all consumer complaints must be kept for a minimum of 12 months (from the conclusion of the complaint) and be available for inspection by officers of the Trading Standards Services.
As a member of the South Yorkshire Motor Trade Partnership, the business shall indemnify the four South Yorkshire authorities, their elected members, officers and agents in respect of any costs, claims or proceedings that may arise as a result of membership or approval by this code.
Membership is subject to the payment of the annual fee. South Yorkshire Trading Standards Services reserves the right to amend the annual fee, subject to consultation with code members.
The Motor Trade Partnership requires its members to display consumer guide leaflets and feedback forms in a prominent position for potential customers, one of these leaflets is to be put in each deal pack.
The Motor Trade Partnership requires its code members to display the Motor Trade Partnership Certificate in a prominent position within the dealership.
The South Yorkshire Motor Trade Partnership Scheme will review the code every two years or sooner in respect of legal requirements or other factors.
The following must apply to any advertisements:
Members will have the right to use the partnership logo on business documents and short-term promotional material.
All advertising shall be legal, decent, honest, truthful, and shall not mislead.
Advertising should comply with all relevant legislation, Including the
Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008
Credit Advertising must comply with the rules and guidance enforced by the Financial Conduct Authority.
Vehicle pricing shall be such that purchasers are fully aware of the total price to pay (and in the case of new vehicles, the on the road price) prior to purchase.
All prices shall include the current rate of VAT. l All vehicle brochures must be current and accurate.
All advertising will comply with the Committee of Advertising Practices Code of Advertising, Sales Promotion and Direct Marketing.
Any contract used by Members must reflect the following:
All contract terms must be fair, clear and legible, and must comply with all appropriate legislation.
Guarantees or warranties must be additional to the customers statutory rights.
All code members must provide the customer with full details of the additional warranties and the nature of these.
The Pre Contract information must be in a clear legible, written format, in compliance with the Consumer Credit (Disclosure of Information) Regulations 2004, and the Consumer Credit (Agreements) (Amendment) Regulations 2004.
Members must not engage in any unfair business practice which acts to the detriment of consumers.
The members will provide all pre-contract information and any other relevant information.
The sale transaction must include a written contract, agreed and signed by both parties. Guarantees and warranties are to be itemised separately.
Retail Sale will be subject to the following:
Any potential purchaser shall be fully informed of the total price for the vehicle including, where appropriate, the value of any trade-in.
Sales staff will make customers aware of their rights and responsibilities in relation to their chosen method of payment.
Any significant alterations to the contract shall be communicated in writing to the customer as soon as possible, and the customer shall have the right to penalty-free withdrawal.
Legislation
In conjunction with the above Terms and conditions, members must also demonstrate compliance with the following legislation:
The Consumer Rights Act 2015 for business to consumer contracts
The Company Director Disqualification Act 1986
Sale and Supply of Goods to Consumers Regulations 2002
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
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