Business FAQs
Here we cover some examples of questions commonly asked by local businesses.
Can I charge extra for non-cash sales?
Yes you can but you must display a notice which explains when there will be extra charges (eg for credit card payments), and the difference between the cash price and the credit card price, either as a cash amount or as a percentage. The notice should be displayed prominently at every public entrance to the premises and at every point of payment.
Example notice wordings:
"£1 Additiional charge for credit card payments"
"Credit card transactions 2% extra"
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Can I offer to repair or replace the goods instead of giving money back?
This is certainly a practical remedy that will suit many customers, so you need to discuss this with them. The customer who is a consumer can actually ask you for a repair or replacement, but you would jointly need to consider whether what they are asking is possible and cost effective. You cannot force a customer to accept a repair if this would cause them serious inconvenience, for example if it will take a month to get a spare part delivered for an item that they would use every day.
If a consumer has asked you for a repair or replacement and this is not possible, or you have not done what you have agreed, they could ask for a full refund. A refund could be reduced to take account of their use of the goods.
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Can I put up a ‘No Refunds’ sign in my shop?
No, any sign which seeks to remove a customer’s right to a refund is illegal. This is not to say that you would have to give a refund every time a consumer complains to you, but a ‘No Refunds’ sign may give customers the impression that they do not have a right to a refund whatever the circumstances. Every complaint should be dealt with on an individual basis and if you feel a customer has an unjustified complaint then you can refuse to give redress. If you are unsure of your legal position with any particular customer, always contract your local Trading Standards Service who will be able to give impartial advice.
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Do I have to disclose that I am a business when advertising goods for sale?
If you advertise goods for sale to consumers, it must be clear that you not a private seller. Sometimes it is obvious that the advertiser is a business but where it isn't, it will be necessary to include a statement such as 'Trade', 'Trader' or 'Trade Sale'.
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Do I have to do anything if the customer hasn’t got a receipt?
A receipt is not the only means of proving that they bought the goods from you. The customer may have a credit card slip or proof from their bank. They might simply be able to show that somebody else witnessed their purchase. The goods may have your brand name or label on them, obviously this would not be acceptable if you could show that the goods had been stolen.
If you offer to refund or exchange goods that customers do not like, you could insist that they bring their receipt as proof of purchase.
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Do I have to provide warranties with the goods I sell?
Warranties are an addition to a consumers rights, these rights automatically exist when a member of the public buys anything from a trader. Theoretically these contractual rights last for up to six years. You may if you wish add to these rights by providing a warranty either free of charge or at a cost, but warranties cannot take away a customers basic rights, which state that goods must be of satisfactory quality, fit for their intended purpose and as described.
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Do I need a licence to trade?
There is no requirement to hold a licence simply to trade, but you may need a licence or official registration for one of more specific aspects of your business. For example, a licence or registration is required for:
Offering credit - www.oft.gov.uk
Selling alcohol - Wigan Council Licensing Section, 01942 404627.
Selling fireworks - Greater Manchester Fire Authority, 0161 608 4196.
Selling poisons - Wigan Council Licensing Section, 01942 404627.
Selling food - Wigan Council Food, Health and Safety Section, 01942 828189.
Second hand goods - Wigan Council Licensing Section, 01942 404627.
This is not a complete list. If you are unsure, seek advice from Wigan Council Trading Standards on 01942 827476 or email us ts@wigan.gov.uk
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If there is nothing wrong, but the customer doesn’t like their goods, do I have to do anything?
If you have met their legal rights you do not have to refund a customer who has simply changed their mind (unless the customer has a legal right to cancellation, for example, in a contract signed at their home, involving credit or over the internet).
If you have a stated policy that allows customers to return goods within a certain period if they are not happy, you must honour this.
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What are all the age limits for restricted products?
Age 12 years - Video recordings "12" rated films
Age 15 years - Video recordings "15" rated films
Age 16 years - Liqueur chocolates
Age 16 years - Lottery tickets and scratchcards (must display notice)
Age 16 years - Party poppers/caps
Age 18 years - Cigarettes and tobacco products (must display notice)
Age 18 years - Knives and offensive weapons
Age 18 years - Imitation firearms, air weapons and crossbows
Age 18 years - Alcohol
Age 18 years - Fireworks
Age 18 years - Intoxicating substances and solvents include: butane gas, lighter fuel/fluid, solvent based glues and adhesives, aerosols, nail varnish remover, anti freeze and correction fluid.
Age 18 years - Video recordings "18" rated films.
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What are the requirements for displaying ‘business names’?
Any business which trades under a name other than the surname (or first name & surname) of the owner or partners must display on their business premises and on business stationary:
For an individual trader - his or her name
For a partnership - the name of each partner
For a company - the full corporate name
and
an address in Great Britain where legal documents may be served
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