Code of Practice

[Martin]

I know the guys on the council have been working hard recently in thrashing out the WTA’s own COP, based pretty much on the existing Repairs@ COP I believe?

Many were somewhat miffed at Espares nicking the same COP almost entirely word for word, but that’s the Internet for you I guess? 😉

Well anyway, I thought you might like to see what Trading Standards insist of their ‘approved traders’ and what they have to abide by being a member. Please feel free to incorporate anything you may feel appropriate as an addition perhaps toward what you have already agreed?

I fully realise that most of the COP’s within our trade have to be and are fairly straightforward, logical and not too restrictive in their criteria. Nevertheless I feel it may help if you run through what Trading Standards insist on and if there’s something you may have overlooked that you feel should be added to the WTA’s COP then go right ahead. None of the text below is beyond copywrite: –

1 General
1.1 This Code of Practice defines the minimum standards required of members. These minimum standards have been designed to ensure that member businesses are equipped to deliver good customer service, together with the right and proper personal approach by each and every member of staff.
1.2 Regardless of your membership of the Scheme, we have a duty to investigate any allegations of breaches of Trading Standards legislation. We undertake to carry out any such investigations fairly and as quickly as possible. Any such investigation will be conducted by an officer other than your normal contact officer. Our published Enforcement Policy will be followed and a copy of this is available on request.
1.3 Your business must have been in operation in its current format for at least six months prior to approval of membership.
1.4 You will have adequate insurance including public liability insurance.

1.5 There shall be sufficient management control in place to ensure that the business operates legally and adheres to set customer service procedures.
1.6 You agree to co-operate with the inspecting officer in providing access to all relevant records and processes during audits and inspections.
1.7 You must ensure that a copy of this Code of Practice is made available to any interested party upon request.
1.8 If you are a member of a trade association which has its own code of practice the terms of that code must also be adhered to at all times.
1.9 General codes, standards and guidance issued by relevant authorities, for example the Office of Fair Trading, must be adhered to at all times.
1.10 You must notify the Trading Standards Service of any:
Civil court judgements against you.
Criminal convictions.
Other changes in relevant circumstances for the business which may affect its approval. These may include, but are not limited to; changes to senior staff, changes of suppliers, new product or service lines or new premises.
Such notifications may result in a need to reapply for membership. The Trading Standards Service will assess any such application and the process may include, at its discretion, a further audit. Failure to notify the Trading Standards Service of any of the above will be regarded as a breach of this Code of Practice.
1.11 In terms of adherence to the Scheme’s Terms and Conditions, you will be held responsible for all employees and subcontractors working on behalf of your business.
2 Customer Service
2.1 You business will be committed to trading fairly and providing a good quality customer service at all times. You agree to comply with the spirit as well as the letter of this code of practice and all relevant legal requirements.
2.2 You will not restrict consumer’s statutory rights in any way.
2.3 You will not seek to take advantage of vulnerable consumers, where necessary and reasonably practicable you will offer additional assistance to ensure that all aspects of the transaction are fully understood.
2.4 Manufacturers’ guarantees and other forms of warranty are in addition to customer’s statutory rights and you must not seek to exclude or remove these existing rights in anyway. Where guarantees and/or warranties are included as standard in the transaction, clear and accurate details should be provided to the customer.
2.5 Where additional guarantees and warranties are offered to consumers it must be made clear that these are optional and in addition to the consumer’s statutory rights. Clear and accurate details should be provided including a clear indication of who is responsible for the guarantee or warranty. There must be no high-pressure selling of additional guarantees or warranties.
2.6 Where appropriate, you will provide, in advance of the contract clear and accurate information on key terms and conditions. Consumer contracts must comply with the Unfair Terms in Consumer Contract Regulations 1999 and any relevant guidance issued by the Office of Fair Trading.
2.7 Where appropriate, given the size and nature of the business, we may require full written information concerning the contract to be provided on request. (This does not affect any legal obligation upon a business to provide written contractual information).
2.8 Where the supply of further goods or services (whether by you or any other third party) are linked to a contract and there are charges associated with the provision of these goods or services then this fact must be communicated to customers prior to the initial contract. Furthermore, the actual charges involved must be communicated to the consumer before they are legally obliged to accept said goods or services.
2.9 Completion/delivery dates should be as flexible as possible and should be agreed in advance. Where delays prove unavoidable the customer should be given as much advance notice as possible. Where appropriate, given the size and nature of the business, we may require that such dates be communicated in writing. Where agreed delivery dates cannot be met then suitable alternatives or appropriate remedies should be offered to customers.
2.10 You must give clear and accurate information on any cancellation rights which exist in relation to a contract, whether these are statutory or additional rights.
2.11 Where appropriate, given the size and nature of the business, easily accessible and user-friendly after-sales procedures should be in place to ensure consumer requirements are dealt with effectively. Any charges in relation to these after-sales procedures must be clearly communicated to users. In certain instances we may require such charges to be notified prior to purchase.
2.12 Repairs and Services:
2.12.1 All contract terms for any repairs and servicing work should be clear and precise. Your business must not commence work without the customer’s express consent, if unexpected additional work is then needed, the customer should be notified and further permission obtained before any extra work is carried out. You must provide an invoice or receipt showing full details of work carried out, including any parts supplied, labour and other costs. If requested, you will make replaced parts available for return to the customer.
2.12.2 You will make any “call out” charge or “minimum charge” known to the customer prior to a visit being made.

2.13 Training:
2.13.1 Your business will ensure all staff are competent for the work they carry out, have knowledge of relevant civil and criminal law, and that they are fully aware of the commitments made by the business relating to this scheme.
2.13.2 Where appropriate, given the size and nature of the business, records of staff training will be kept, signed and dated by the staff member concerned.

3 Advertising and Promotion
3.1 All members will receive a Certificate of Membership, where appropriate this must be displayed in a prominent position on retail premises.
3.2 All members will receive customer Feedback Forms, these should either be displayed in a prominent position on retail premises or be otherwise clearly made available to customers.
3.3 Please refer to the document Logo and Promotional Wording – Terms of Use for further guidance concerning the rules relating to promotion of your membership of the Scheme.
3.4 You must undertake that all promotional material shall be clear and truthful and will comply with any relevant advertising legislation or national advertising code of practice.
3.5 You must not undertake cold-calling of consumers.
3.6 You must undertake not to engage in high pressure selling practices.
3.7 You must undertake not to promote in any way the sale of alcohol, tobacco or other age restricted items to underage persons.
3.8 Approval of a business under the Scheme does not indicate in any way that all of the businesses products or services comply fully with the law. No implication to this effect must be made in any promotional material.
4 Customer Complaints
4.1 You will undertake to implement a customer complaints procedure which is at least equivalent to the guidance in the document Customer Complaints Procedure. Your procedures must be fully understood by all staff who come into contact with the public.
Where appropriate, given the size and nature of the business, the Trading Standards Service may require more comprehensive procedures to be in place.
4.2 If it is not possible for you to resolve a complaint the customer should be given a clear explanation as to why this is the case. You will offer to refer the matter to the Trading Standards Service on behalf of the customer for impartial advice. The Trading Standards Service may offer a conciliation and will provide details of any such service which is available to members.

I would like to add that a TA should have a much more specific COP in all areas of business and basing it loosely on the Repairs@ COP is far too vague and open to question? Trading Standards COP may appear at first glance as being OTT but that is what the law demands, what the consumer would wish to see incorporated and what we as registered members sign up to anyway! 8)

The WTA’s COP at the moment (complete with typo errors) needs a bit of a revamp to say the least! 😉

IMHO 😉

[kwatt]

Re: Code of Practice

Martin wrote:The WTA’s COP at the moment (complete with typo errors) needs a bit of a revamp to say the least! 😉

Wind your neck in Martin, you will have seen the topic scrolling by at times and know fine well that this is being looked at.

K.

[Martin]

Re: Code of Practice

Thanks for your input Martin…oh my pleasure Ken, anytime! 😉

[Author]

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