MANAGING YOUR PTA – Second-hand sales
FA Second-hand salesQs
Second-hand sales are a popular way for PTAs to raise funds, but are you aware of the legislation that might apply? We’ve spoken to Sylvia Rook, lead officer at the Chartered Trading Standards Institute, to find out more
What legislation would apply to PTAs selling second-hand goods,
for example at a car boot sale? At a car boot sale, the legislation generally applies to the sellers, not
to the organisers, although you do have a degree of responsibility to ensure that sellers at your event do not commit any offences. Most of the Trading Standards legislation applies to traders selling goods rather than members of the public (such as school families) who are simply having a clear-out, so you will need to decide whether to allow traders to attend, or whether to restrict the sale to members of the public selling their own belongings.
What is a ‘trader’ and how do we know if someone is a trader rather than a member of the public? Generally speaking, a trader is ‘a person acting for purposes
relating to that person’s trade, business, craft or profession, whether personally or through another person acting in the trader’s name or on the trader’s behalf’. When deciding whether someone is a trader, consider whether the goods the person is selling is their own personal property. If they buy goods specifically to resell, or make goods to sell, they are likely to be a trader. Do they regularly sell at car boot sales? If so, they are likely to be considered a trader, even if this is not their main income. Do they employ someone to help them
sell the goods, or do they sell similar goods at other venues (for example, markets or on auction sites) and is the income received from selling in this way a significant proportion of their annual income? If the answer is yes, they are likely to be a trader.
Are sellers obliged to behave in a certain way? The Consumer Protection from Unfair Trading
Regulations 2008 state that traders should not give false or misleading information, or omit information, and should not act ‘aggressively’ if any of these practices would cause the consumer to do something different. Signs such as ‘sold as seen’ or ‘no refunds’ are not permitted. Members of the public buying goods from traders have the right that goods sold should be of satisfactory quality, fit for their purpose, and as described; they do not have the same rights when buying from private sellers.
Our tabletop sales are really popular, so we’d like to draw up
some T&Cs for stallholders. What sort of things should we include? There is no specific information that you are required to ask for, but
I suggest you ask sellers to provide their contact details in case there’s a problem. Other things to include might be: The time of arrival and departure, and what sellers are expected to do with their rubbish. Sellers must agree to comply with all consumer protection legislation. Stolen goods may not be sold. Cigarettes, tobacco products, alcohol and flammable liquids may not be sold. No live animals may be sold. No counterfeit items may be sold. No weapons, ball-bearing guns or any realistic imitation firearms may be sold.
You may wish to restrict the sale of electrical items due to a risk of fire and injury. If you are happy for food items to be sold, make it clear that items must be
within their use-by or best-before date (if packaged), labelled appropriately (particularly with regard to allergens), and be stored in an appropriate manner. For further information, visit the Food Standards Agency website.
What age restrictions do we need to be aware of on the goods we sell? It is an offence to sell an age- restricted product to an under-age
purchaser; this includes DVDs, computer games, spray paint, party poppers and lighter refills. If anyone at your sale is selling age-restricted goods, it is worth reminding them of the restrictions in your terms and conditions.
Further information
Advice for traders and details of legislation and age restrictions can be found at
businesscompanion.info. There is a leaflet on car boot sales at
businesscompanion.info/en/quick- guides/goods/car-boot-sales. You can also contact your local Trading Standards Office. Visit
pta.co.uk to read a longer version of this article.
pta.co.uk SPRING 2020 27
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