Model Terms and Conditions of Business are offered by the Society to save members’ time but they are optional, here to use if you wish to. The Customer Services Committee has been working with Essex Trading Standards to review the BSHAA template and some minor changes have been made to the current wording. That being said, we can now confirm that Essex County Council Trading Standards reviewed the documents in April/May 2016 and they confirmed they are compliant with legislation as at 31 May 2016. However they did say that they could still be challenged in a court, but it is BSHAA’s view is that use of the template T and Cs would probably help in any defence.
The main change clarifies that the period in which the client can reject the goods for sales in the home is 14 days starting the day after delivery of the goods unless they are customised goods or have hygiene considerations and the customer, in these circumstances, has been made aware that they will not have this 14-day cancellation period. A number of dispensers already give a 100% money back guarantee longer than 14 days so this will not affect you. However, if you give, for example, a 21- day money back guarantee but make a deduction this deduction is not permitted in the first 14 days after delivery, as this is less protection for the consumer than the legislation provides. You would need to amend your T and Cs to reflect that there is a 100% refund in the first 14 days after delivery of the goods and if cancellation was from 14 to 21 days, there is a deduction. Clients can receive all of their money back if the Goods are faulty within the first 6 months or accept a repair.
There has also been a change to the Liability clause in the event of consequential loss to make it clear that we were not trying to restrict any remedies that are available under statute.
The guidance notes with the Template T & Cs explain more fully the implications. Customer services are always available on the telephone or via e-mail if you want any help. (firstname.lastname@example.org, telephone 01371 876623)