Guide for Sellers

Car boot sales are an easy way for people to clear unwanted items, whilst at the same time making a little money, as well as offering bargains for buyers boot sales are “green”. They encourage the re-cycling of goods. Car boot sales can be enjoyed for all. People selling regularly at car boot sales may, for enforcement purposes, be regarded as traders. If this applies to you, you will need to comply with the same laws as all other traders. Even if you are a private individual simply selling off unwanted items it may be worthwhile gaining further guidance. You may still be liable if someone is injured on something you sell. Given the available space, this page can only identify some of the key areas of concern. If selling at a boot fair, particularly if you are (or may be considered to be) a trader, you should approach your local Trading Standards Department for specific advice on the existing requirements of consumer protection law. From this department you should be able to obtain guidance on matters such as the following;

ELECTRICAL GOODS

Given the potential risks, it is advisable that electrical goods are examined by a competent electrician before being put on sale. In any event:

     - Most electrical appliances must be supplied with a fitted standard plug; this does not apply to appliances intended on being permanently connected to the fixed wiring.

     - Plugs should be marked as being BS BEAB, BSI or ASIA approved with insulation on live and neutral pins. You should also check that the cord grip is fitted correctly and the mains lead is not frayed or broken.

     - Make sure that guards and other safety devises are fitted and working thereby providing adequate protection against potential hazards.

     - All new electrical goods have to comply with a range of detailed legislation in order to ensure the safety of users. They also have to be either earthed or insulated.

TOYS

Toys must be marked with suitable warnings about the recommended age of the child they are suitable for. Again, further advice is available from your local Trading Standards Department. In simple case toys must:

-         Have no accessible pints and edges

-         Must not be flammable

-         Be able to be stopped quickly if they are moving toys

-         Not release toxic chemicals, e.g. from paints

-         Not, if electrical, operate at more that 24 volts

-         Be clean and hygienic

-         Have no easily removable small parts

-         Not represent an choking hazard

-         Have instructions on safe use

-         All new toys have to bear a CE mark (to show that toy safety standards are met), the name and address of the manufacturers and other requirements.

UPHOLSTERED FURNITURE

It is unusual for upholstered furniture to be sold from a car boot sale, but it is not unknown. All second hand all upholstered furniture must comply with the Furniture and Furnishings (Fire) (Safety) Regulations. This means that they must be match resistant or contain a fire resistant interliner and all fillings must pass fire resistant tests (the only exemption is for furniture manufacture before the 1950’s) compliance should be indicated by the presence of permanent labels on the furniture. The same rules apply if selling new upholstered furniture.

VIDEOS

These should be labeled with the appropriate classification and not sold to anyone underage. For example, an “18” classification should not be sold to anyone under 18. Remember, only licensed sex shops sell “R18” videos.

OTHER GOODS

A number of goods are controlled by specific controls. Examples include oil heaters, prams and pushchairs, tyres, hood cords in children’s garments etc. advice on specific product safety issues will also be available from your local Trading Standards Department.

TO SUM UP, IF YOU HAVE ANY DOUBT OVER THE SAFETY OF GOODS YOU ARE SELLING, DON’T SELL THEM.

REGISTRATION

If you regularly trade in second-hand goods you have to register the premises where you carry on such a business, with the Environment Department at Rochdale MBC. A copy of the application form for registering can be obtained from Rochdale Environmental Health Services, Telegraph House, Baillie Street, Rochdale or Telephone 01706 864255.

COUNTERFEIT GOODS

To sell or have in possession for sale counterfeit goods is a criminal offence. If you do sell counterfeits you risk prosecution and the forfeiture of the goods together with a fine or possible imprisonment. As well as counterfeit goods you should avoid selling items which infringe the copyright of others, for example, unauthorized smart cards for satellite TV decoders.

BUYERS RIGHTS

If you are trading at car boot sales, consumers are legally entitled to expect that any items sold are:

-         As described

-         Of satisfactory quality

-         Fit for their purchase

If you are q private individual selling unwanted goods, consumers are entitled to put faith in any description you apply. For example, if you describe a watch as “working” it should be!

OTHER OBLIGATIONS

-         Obviously if you are trading at car boot sales you will need to declare earnings etc. for tax purposes.

-         If you are trading under a company name rather than as an individual it is necessary for you to publicly display you trading name.

-         Price indications should not be misleading.

-         Goods bought duty free (e.g. perfumes, alcohol and cigarettes etc) should not be re-sold.

-         Fireworks, firearms, air guns and other weapons should not be sold at car boot sales.