Do you sell at car boot sales?
If you sell at boot sales, you cannot afford to ignore this information.
It will help you decide whether you are a 'trader' and if so what you must do to comply with the law. It is also designed to help genuine private sellers decide what they should and should not sell.
Car boot sales began as a sociable way for people to sell each other their unwanted household goods.
Unfortunately, some businesses see car boot sales as a way of trading under the guise of private individuals. They try to avoid their legal obligations by refusing to honour buyer's rights. Some sell stolen, unsafe or counterfeit goods.
There are no hard and fast rules in law as to who is considered a trader. You should ask yourself the following questions:
Am I selling my personal property? If you buy goods to resell them you could be classed as a trader.
Do I attend car boot sales regularly? The more you do the more likely you are to be classed as a trader.
Do I pay someone to work with me? If you employ someone to sell for you, you could be classed as a trader.
Business Names Act
If you trade under any name other than your own, for example, "John's Goods" you must display clearly your name and an address where legal documents can be served.
Consumer Protection Act
All goods you sell must be safe and comply with relevant regulations these include amongst others toys, electrical goods, furniture, prams etc.
For more detailed information on the safety of goods contact Trading Standards for details.
Prices
All goods should be priced either individually or on a list. It is illegal to charge more for the goods than the price written on them. It is also illegal to mislead people about prices for example using RRP, price comparisons or sale signs.
Fair Trading Act
It is an offence to put up a No Refunds notice or Sold as Seen, as these try to take away buyers rights.
Trade Descriptions
Goods must be accurately described this includes verbal, written or pictorial descriptions.
Trade Marks and Counterfeiting
Heavy penalties can be imposed for selling counterfeit items; these tend to be copies of genuine items. Clothing, Watches, Videos, CDs & DVDs and can be attractively priced but are usually poor quality copies.
Videos
These must have the correct age category and must not be sold to anyone underage. Only licensed sex shops are allowed to sell R18 videos.
Cigarettes
Only cigarettes bearing the relevant duty label can be sold in the UK. In addition a tobacco notice must be on display. Customs will be informed of illegitimate sales
Sale & Supply of Goods
All goods must be of satisfactory quality and fit for their purpose. If these requirements aren't met customers are entitled to a refund. If you are selling something with defects you must bring this to the customers attention before selling it. The customer is not entitled to a refund in this case but this does not protect you if the goods develop different faults.
If you are genuinely a private seller you will not have to comply with the legal controls above, however there are exceptions: for example if you describe goods falsely in any way then you may commit an offence.
There area number of things you could do to help avoid problems.
Electrical Goods
- Ensure electrical goods are safe, you should avoid selling electrical fires and irons.
- Check the flex cords for wear and tear and make sure wires are not exposed.
- The cord grip must be fitted correctly.
- Do not change the plugs on items unless you are a qualified electrician
Toys
Look over toys, check they are no sharp points or that small parts can not be pulled off. If you still have the packaging sell the toy in it.
Second Hand Furniture
This must comply with the same rules as new furniture. Make sure all the furniture labels are present
A number of goods are covered by specific legislation if in doubt do not sell the item until you have sought advice.
Remember: It is not our intention to spoil the fun of people who enjoy car boot sales. Car boot sales are a good way to recycle items and this benefits the environment.
This information is for guidance only and is not an authoritative statement of the law, for more detailed information contact us at:
Trading Standards
Textile Hall
Manchester Road
Bury
BL9 0DG
Tel: 0161 253 5566
Fax: 0161 253 5547
Email: tradingstandards@bury.gov.uk
