Buying With Confidence Scheme
Conditions Document
Introduction
1.1 This scheme has been introduced by Comhairle nan Eilean Siar
to establish high standards of trading by businesses in the Western
Isles. The scheme is intended to demonstrate your commitment to
fair and honest trade, and an undertaking by the Trading Standards
Service to support businesses.
What you agree to do
2.1 Your business will be committed to providing a quality service
to its customers. It agrees to comply with the spirit and the
letter of both the civil and criminal law relating to your business.
This includes laws relating to Trading Standards, Building Control,
Planning Law and Anti Discrimination laws.
2.2 Your business will provide us with details of ownership,
staffing, premises and trade activities of the business and details
of any complaints received about the business.
2.3 Your business will ensure all staff are adequately trained
for the work they carry out in relation to relevant civil and
criminal law, and that they are fully aware of the commitments
made by the business relating to this scheme. Records of staff
training will be kept, signed and dated by the staff member concerned.
2.4 You will undertake the following:
- A written customer complaints procedure:
Any customer will be dealt with promptly, effectively and courteously,
in accordance with good business practice. A person will be
nominated to take overall responsibility for the management
of customer complaints.
- All customer complaints will be recorded.
- If it is not possible to resolve a customer complaint within
one month of receipt, the customer will be given a written explanation
for the response of the business and where necessary will be
referred to the Trading Standards Consumer Advice Service to
assist in reaching a solution.
- If a satisfactory conclusion still cannot be reached, the
agreement of the customer and the business will be sought for
the use of a mutually agreed arbitration scheme e.g. trade association
or other arbitration scheme or the Small Claims court service.
The business will accept the result of the arbitration.
- If you are a member of a trade association which has its
own code of practice, the terms of that code and any general
codes, e.g. the Office of Fair Trading or other relevant standards,
will be followed at all times.
2.6 No attempt will be made to restrict a customer’s statutory
rights. Any guarantee or warranty is in addition to a customer’s
rights in civil law and will not purport to take away or diminish
these rights. Documents giving additional rights will include
a statement that the warranty is in addition to the customer’s
rights.
You undertake to acknowledge and respond to advice given to staff
by officers from the Trading Standards Service.
2.7 You will agree to display or otherwise make available to
customers a leaflet about this scheme which will include a card
to enable the customer to contact the Trading Standards Service
to register praise for the quality of service received or to make
a complaint.
2.8 You will give as much notice as practicable when seeking
advice, recognising that the Trading Standards Service has other
duties to which it must also attend.
What we agree to do
3.1 The Trading Standards Service is committed to providing a
fair and impartial service to both consumers and businesses. All
information provided by businesses as part of this scheme will
be treated as confidential.
3.2 We will provide information about Trading Standards laws
relevant to the business on request within 10 working days.
3.3 We will provide advice on specific enquiries about Trading
Standards laws and will provide updates on changes in law as appropriate.
3.4 The advice and guidance we provide will be to best standards
of the Trading Standards Service but, as with all legal matters,
the final interpretation rests with the Courts. As a result such
advice may change after certain court decisions.
3.5 When required, any advice and guidance given will be confirmed
in writing within 10 working days.
3.6 Assistance on staff training will be given as appropriate
and where resources permit.
3.7 A named officer will be nominated as the contact point for
the provision of advice and assistance.
3.8 If we receive any complaints about you as a member of this
scheme, and the complaint is civil in nature, the complainant
will initially be referred back to you. You will be informed of
the complaint. If the complainant requires anonymity or has already
approached you, advice will be given by us.
3.9 Where you have dealt with customer complaints in accordance
with paragraph 2.4 above, we will assist in resolving the matter.
3.10 Regardless of paragraph 3.8 and 3.9 above, we have a duty
to investigate any allegations of breaches of Trading Standards
legislation. We undertake to carry out any such investigation
fairly, as quickly as possible. Our Enforcement Policy will be
followed (copy available on request).
Approval Procedure
The procedure for approvals is as follows:
4.1 An application for approval must be made on the appropriate
form. We will normally acknowledge it within five working days
of receipt.
4.2 We will make an initial contact to explain the criteria for
the scheme within 14 days and visit to conduct an assessment within
28 days.
4.3 Assessment may include a visit to your premises and an inspection
of the business and relevant material, documents, products, procedures
etc. by us. The assessment may also include a check on your company’s
legal compliance with other regulators. In such cases your company
name and address will be divulged to those agencies.
4.4 You agree to the assessment and inspection and will co-operate
with the inspecting officer in providing access to all relevant
records and processes.
4.5 We will provide support to help you to reach the criteria
of the scheme.
4.6 Following achievement of approval you will receive advice
from us on the use of the logo and certificate and display of
customer leaflets.
4.7 In addition to the initial approval, you may be subject to
random inspection and checks by us to ensure the requirements
of the scheme continue to be met. Paragraph 4.4 will apply.
4.8 Approved businesses agree to notify us of any changes to
relevant circumstances which may affect their approval. These
may include changes in senior staff, changes of suppliers, new
products or services, convictions and Court Judgements.
4.9 Approval will not be granted if you supply products or services
which do not conform to statutory requirements or are provided
in a way which may be against the interest of consumers. This
includes high pressure sales techniques, unfair terms and conditions
and other sharp practice. Any decision we make about this scheme
is final. Note: approval of a company under the scheme is not
certification that all the company’s products and services
comply fully with the law nor that its financial stability has
been verified.
Membership of the Scheme
5.1 Membership is subject to agreement with the above conditions.
5.2 Documentation and logos relating to the Business Standards
Partnership may be used by your business in the following way:
- on business premises and vehicles
- on business documentation
- on products and in advertising.
In advertising and marketing, any approval which is limited
to a specific branch or branches shall not be used in a way which
implies approval of the whole organisation.
5.3 We reserve the right to withdraw approval of your business
and permission to display material relating to the scheme if there
is adequate evidence that you are not abiding by these principles
or commitment. In such circumstances, if we withdraw approval,
details may be published.
5.4 Should Membership be refused or withdrawn, you will have
the right to appeal in writing to the Director for Sustainable
Communities, Comhairle nan Eilean Siar, whose decision will be
final.
5.5 All certificates and documentation indicating membership
of the scheme shall remain the property of Comhairle nan Eilean
Siar and shall be returned to us in the event of Membership being
withdrawn. In such circumstances all logos must be removed from
stationery, vehicles, advertisements etc. and customers responding
to advertisements on the basis of the logo e.g. via Yellow Pages
must be informed of the withdrawal of approval.
Improper use of logos, certificates etc. may constitute a criminal
offence.
For more information contact the Consumer Protection
Officer on 01851 709577
COMHAIRLE NAN EILEAN SIAR
Sandwick Road, Stornoway. HS1 2BW
Rathad Shanndabhaig, Steornabhagh. HS1 2BW
