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)REGULATIONS 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 FURTHER DEFINE "COSMETIC PRODUCT INTENDED TO COME INTO CONTACT WITH THE MUCOUS MEMBRANES" AS :  "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 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 DESCRIPTION ACT 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.strict liability

TRADES DESCRIPTION ACT CONTINUED  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 private labelbrand

CONSUMER PROTECTION ACT CONTINUED  Importers into the European Union (EU) for commercial sale. ImportersEuropean Union  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) negligenceexclusion clause  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 CONTINUED  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 2 nd Monday after half term. The client study is required in the 1 st Tuesday after half term.