Comply with Trading Standards and Consumer Rights

Consumer Rights Act 2015: Core obligations

The Consumer Rights Act 2015 sets out your obligations when selling to consumers (individuals buying for personal use, not business purposes).

Goods must meet three standards

All goods you sell must be:

• Satisfactory quality: Free from defects, safe, and durable enough to last a reasonable time given the price and description
• Fit for purpose: Suitable for their intended use, including any specific purpose the consumer told you about
• As described: Match any description you gave in advertisements, on packaging, or verbally

These are statutory rights. You cannot use contract terms or notices to remove or restrict them. Any attempt is unenforceable and could trigger prosecution.

Services must meet professional standards

When providing services to consumers, you must:

• Use reasonable care and skill: Perform the service to the standard of a reasonably competent professional in your field
• Charge reasonable prices: If you did not agree a price upfront, any price you charge must be reasonable
• Complete within reasonable time: If you did not agree a timescale, complete within a reasonable time

If your service fails these standards, consumers can request repeat performance or a price reduction. They get a partial or full refund if you cannot fix the problem.

Digital content rights

The Consumer Rights Act 2015 grants specific rights for digital content (films, games, e-books, music downloads, apps, software).

Digital content must be:

• Of satisfactory quality
• Fit for purpose
• As described

If faulty digital content damages a consumer's device or other digital content, you may be liable for repair or compensation.

Consumer remedies: Critical timelines

The Consumer Rights Act gives consumers statutory remedies when goods or services fail to meet required standards. Know these key timelines:

Consumer Contracts Regulations: Distance and off-premises sales

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply when you sell:

• At a distance: Online, by phone, by mail order, through TV shopping
• Off-premises: At the consumer's home, workplace, or temporary venues (pop-up stalls, fairs)

These regulations give consumers a 14-day cooling-off period to cancel for any reason.

14-day cancellation right

When it starts:

• For goods: The day after the consumer receives them (or the last item if multiple goods)
• For services: The day after the contract was made
• For digital content: The day after the contract was made

Your obligations:

• Provide clear cancellation information before purchase
• Give a model cancellation form (consumers do not have to use it)
• Refund the consumer within 14 days of cancellation notification
• Refund using the same payment method (unless they agree otherwise)

Consumer's obligations:

• Return goods within 14 days of cancellation notification
• Pay return postage costs (unless you agreed to pay)
• Take reasonable care of the goods

Missing cancellation information: The cancellation period extends by 12 months (total 12 months and 14 days).

Exemptions from 14-day cancellation

The cooling-off period does NOT apply to:

• Personalized or customized goods
• Perishable goods (food, flowers)
• Sealed hygiene products once opened (cosmetics, underwear)
• Sealed audio/video recordings or software once unsealed
• Newspapers, magazines, or periodicals
• Services already fully performed (with consumer's consent)
• Digital content already downloaded (with consumer's consent)
• Urgent repairs or maintenance work
• Goods made to order

Even when exemptions apply, the Consumer Rights Act standards (satisfactory quality, fit for purpose, as described) still apply.

Pricing and advertising regulations

All price information and advertising must be clear, accurate, and not misleading. From 6 April 2025, the Digital Markets, Competition and Consumers Act 2024 strengthens these rules.

Key pricing obligations

• Display prices including VAT: When selling to consumers, all displayed prices must include VAT
• No drip pricing: Display total price upfront, including all unavoidable fees (delivery, booking fees, payment surcharges). Do not add these late in the checkout process.
• Accurate price comparisons: 'Was £X, now £Y' claims must be honest and not misleading. You must justify pricing practices on a case-by-case basis. The CMA can investigate claims they consider misleading.
• Unit pricing: For many products, show price per standard unit (per kg, per litre) alongside the selling price

Advertising standards

The Advertising Standards Authority (ASA) enforces the CAP Code (Code of Non-Broadcast Advertising and Direct & Promotional Marketing). All advertising must be:

• Legal, decent, honest, truthful: Do not mislead consumers
• Substantiated: Hold evidence for any claims before publishing
• Clear about commercial relationships: Disclose paid partnerships, sponsored content, and influencer marketing using #ad or 'Advertisement'

Fake reviews prohibition (from 6 April 2025)

The Digital Markets, Competition and Consumers Act 2024 makes fake reviews a criminal offence. You cannot:

• Commission fake consumer reviews
• Pay for positive reviews
• Offer incentives for reviews without clear disclosure
• Impersonate consumers
• Selectively publish only positive reviews

Penalties: CMA can impose fines up to £300,000 or 10% of global turnover.

Product safety requirements

The General Product Safety Regulations 2005 require all products to be safe in normal or reasonably foreseeable use.

Your obligations

• Ensure products are safe: Through design, production oversight, and testing where appropriate
• Provide safety information: Clear labelling, warnings, and usage instructions
• Maintain technical documentation: Demonstrating compliance with safety standards
• Report safety incidents: Immediately inform manufacturers, suppliers, or Trading Standards if you become aware of risks
• Trace supplier origins: Maintain detailed records of product sources
• Initiate recalls: If discovered risks require consumer notification

Product Regulation and Metrology Act 2025

The Product Regulation and Metrology Act 2025 received Royal Assent on 21 July 2025. Secondary legislation will introduce requirements for online marketplaces to prevent unsafe products being sold through their platforms (expected 2026). This will create a level playing field with physical shops.

CE/UKCA marking

Businesses can continue using CE marking for products placed on the Great Britain market. The UKCA (UK Conformity Assessed) mark is also accepted. Check product-specific regulations for marking requirements.

Weights and measures regulations

The Weights and Measures Act 1985 requires metric units for most transactions in England, Scotland, and Wales.

Metric requirements

Use metric measurements (grams, kilograms, millilitres, litres) when selling:

• Packaged goods
• Loose goods

Limited exceptions:

• Draught beer or cider (pints)
• Milk in returnable containers (pints)
• Precious metals (troy ounces)

You can display imperial measurements alongside metric, but the metric measurement must be equally or more prominent.

Pre-packed goods: Labelling requirements

A 'package' is a product sealed before the purchaser is present, where the quantity cannot be altered without opening the packaging.

Packages between 5g–25kg (or 5ml–25 litres) must be labelled with:

• Nominal quantity: The weight or volume in metric units
• Correct font size: Prescribed minimum heights (e.g., 4mm for 500g pack)
• Permanent marking: Clearly visible and durable

Imperial measurements can accompany metric but must not be more prominent.

The Three Packers' Rules

If you pack products to an average weight (rather than minimum weight), check random samples meet all three rules:

1. Average rule: The average contents must not be less than the weight on the label
2. Tolerable Negative Error (TNE): Only a small number of packages can fall below the TNE margin
3. Double TNE rule: No package can be underweight by more than twice the TNE

Record keeping: Maintain records of checks for at least one year. Use non-domestic weighing equipment calibrated for trade use.

Enforcement and penalties

Trading Standards (your local authority) enforces consumer protection law. From 6 April 2025, the Competition and Markets Authority (CMA) has enhanced enforcement powers under the Digital Markets, Competition and Consumers Act 2024.

Enforcement powers

Trading Standards can:

• Conduct test purchases
• Enter and inspect premises
• Examine and test products
• Seize goods and documents
• Issue enforcement notices
• Prosecute criminal offences

CMA can (from 6 April 2025):

• Investigate consumer law breaches without going to court
• Impose fines up to £300,000 or 10% of global turnover
• Issue enforcement orders
• Require businesses to change practices

Alternative Dispute Resolution (ADR)

Some sectors must belong to an Alternative Dispute Resolution (ADR) scheme—an approved ombudsman service that resolves consumer complaints.

Mandatory ADR membership for:

• Estate agents
• Lettings agents
• Energy suppliers
• Financial services

Voluntary but recommended for: All other sectors. ADR provides low-cost dispute resolution and demonstrates commitment to fair trading.

Approved schemes include:

• The Retail Ombudsman
• Furniture and Home Improvement Ombudsman
• Ombudsman Services
• CEDR (Centre for Effective Dispute Resolution)