Retailer Codes
CODE OF CONDUCT
FOR BETA RETAILERS AND FEED MERCHANTS
The
Code of Conduct and this Guide have been drawn up in the interest of fair competition
within the equestrian industry and of fair trading with customers.
ADVERTISING
All advertising and display material shall comply with both the letter and spirit
of current legislation and of the codes and regulations produced by the Advertising
Standards Authority. All advertising shall be clear, truthful and accurate and
shall not intentionally mislead any customer about the services or goods for
sale or offered. No member should advertise goods for sale or offer services
in the knowledge that when the advertisement appears before the public either
the goods will not be available or the Member will be unable to provide the
service to the customer. Members shall display a notice stating clearly the
opening and closing hours of the premises. Members shall not display any notice
or sign which may mislead the customer who has purchased the goods subsequently
found to be faulty about its legal rights. For example 'No Goods Exchanged'
and 'No Refunds Given' are prohibited.
REPAIRS
Under common law the materials used in repairs shall be fit for the purpose
and repairs should be carried out in a proper and workmanlike manner. All repairs
should be carried out within a reasonable period of time. Every attempt should
be made to avoid damage during repair. A retailer shall not undertake a repair
if the article cannot be repaired in a satisfactory manner in his opinion and
he shall say so to the customer. A ticket with the estimated date of collection
shall be given and a record of the repair.
EXCLUSION
OF LIABILITY
Members should not attempt to limit their liability for the repairs they do.
However, where a repair is especially difficult and a perfect repair cannot
be guaranteed or where there is an obvious risk that the tack might be damaged
whilst being repaired the member should bring this to the notice of the customer
and if the customer still wishes the repair to be done the member should note
on the ticket any agreed limitation of liability.
SALE
OF GOODS
Under the Sale of Goods Act 1979 should:
1 Meet with the description given them on the label, by salesmen or elsewhere.
2. Be of satisfactory quality, that means the goods must meet the standard a
reasonable person would regard as satisfactory taking account of any description
of the goods, the price (if relevant and all other relevant circumstances.
3. If a customer asks for the goods to perform a specific purpose, then the
goods supplied must serve that specific purpose. If the seller is not confident
that the goods will meet the particular requirement this must be made clear
to the customer. PRICING All goods to be sold should have clear indication of
the cash price (inclusive of VAT) at which they are offered for sale.
PRICE
REDUCTIONS
Where a price reduction is offered the member should ensure that it is clearly
understood and easily verified by the customer. Imprecise comparisons with claims
of 'worth', 'value' and 'price elsewhere' are not be used. Where the member
wishes to show a price reduction the following methods are recommended. A reduction
from the memberŐs own previous price or charge.
The claim should include:
i) The current price.
ii) The previous price or reduction from it.
iii) The nature of the higher price eg. 'our previous price'
A reduction from the producer's or manufacturer's recommended price. The claim
should include:
i) The current price
ii) The recommended price of reduction from it.
iii) The nature of the higher price eg.'Manufacturer's Recommended Price'.
In making these statements, however, the member should at no time attempt to
confuse or mislead the customer, or falsely describe any of the goods or services
offered at a discount and ensure at all times that the Consumer Protection Act
1987 is followed.
DEPOSITS
Whenever a member accepts a deposit for goods to be ordered he should give the
customer a receipt and should indicate as clearly as possible the expected delivery
date. If delivery is not made within one month of the date specified the customer
shall be given a full refund if he wishes it. The member shall reserve the right
to dispose of the goods if not collected within one month of the specified date.
DISPOSAL
OF UNCOLLECTED ARTICLES
Members are entitled within
the terms of the Code to display a notice to the effect, or otherwise clearly
make known to any customer, that any article left for repair not collected within
twelve months, or such period not less than 3 months TORTS
(INTERFERENCE WITH GOODS) ACT 1977 as may be stated, may be disposed of by the
member and the proceeds applied to defray the process charge. This right will
be exercised only after all reasonable attempts have been made to contact the
customer with a view to his collecting the articles and paying the appropriate
charge.
ADVICE
The member should always be ready to offer the customer advice about the repair
of tack, in particular the materials to be used and about subsequent care needed
for the tack.
COMPLAINTS
PROCEDURE
Repairs: In the event of a repair being unsatisfactory as a result of defective
materials or poor workmanship the member should offer to correct the defect
promptly and free of charge.
Goods: Strictly speaking in law the customer is only entitled to return faulty
goods and have his money returned or to be paid compensation or both. What exactly
he can demand depends on the particular circumstances, for example, how serious
the defect is or how soon he returns the goods. In practice, the member will
often be willing to remedy the defect himself or have it remedied by the manufacturer.
But this can only happen if the customer agrees. Similarly the customer does
not have to accept a credit note where goods are faulty. The customer may wish
to have a replacement or a similar article instead of his money back, but the
member has discretion whether to agree to this. Complaints badly handled often
take on an importance quite out of proportion to the nature of the dispute itself.
To prevent this happening the member should ensure that he and his staff deal
with all complaints promptly and politely. Wherever possible a senior member
of staff should decide what action is to be taken.
If the member decides that the customer has not got a justifiable complaint
he should explain politely why he thinks so and if the customer appears still
not to be satisfied he should be told that BETA or the local Trading Standards
Department, Consumer Advice Centre or Citizen's Advice Bureau (whichever is
appropriate) is prepared to conciliate and help to settle the dispute. In order
to obtain maximum co-operation with local consumer protection officials, the
member should contact them as soon as convenient and discuss with them the operation
of the Code. In those cases where a dispute cannot be resolved, both parties
either collectively or individually may ask BETA to obtain an independent test
report or assessment. This will normally be done through the institute of Arbitrators
and the cost is chargeable to both parties. Copies of the report issued as a
result of such reference must be made available to all parties in the dispute.
Any findings favourable to the customer should be honoured by the member. To
do otherwise could be considered a direct breach of this Code of Conduct.
CO-OPERATION
WITH RETAILERS AND MANUFACTURERS
Complaints which appear to be attributable to poor manufacture or the use of
poor materials should be passed to the manufacturer direct or via BETA. Action
may then be taken to prevent similar complaints arising in the future.
TRAINING
Retail staff should be encouraged to attend any relevant training courses to
improve their skill and efficiency. Retail staff should receive training in
matters relating to their work, including product knowledge, customer approach
and the commercial policy of the Company.
MEDICINES
Retailers selling Saddlers List Medicines must also comply with the Code of
Practice (Saddlers List Products) and the Medicines Act 1968.
FEED
Members selling feed must observe the law relating to age and deterioration
of feed products.
MONITORING
OF PERFORMANCE
BETA will monitor the complaints of its members with the Code of Conduct and
discuss with a member any continued breach of any provision. Every year BETA
will publish to its members an analysis of all complaints received about the
operation of the Code of Conduct and the action taken. Council has the right
to disbar members deemed to be in breach of this Code.
DISPLAY
OF CODE AND THE BETA SYMBOL
To gain maximum benefit from the Code of Conduct all members should prominently
display the Code and the symbol and have this available on request. A display
card is provided to all retail members.
MEMBERSHIP
CRITERIA
All BETA members have to satisfy Council that they are operating as a bona fide
business, properly staffed at all times during normal working hours and from
proper retail premises. A new Code is under development for Feed companies.
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