Keeping your shop within the law

There is a range of protection laws for consumers that any trader needs to be aware of, some types of product, such as food, or cosmetics are more tightly regulated that others. Below is a quick guide to the most common information you will need, but do your own research on your own specialty to ensure you are operating within the law.

All vendors on Veiled Market must comply with the current UK legislation for online and distance selling and the appropriate laws relating to the specific products they sell. For our customers safety any shop that is in breach of any aspect of UK law may be closed without refund or notice, so it is important to know the law regarding your products and read the following.

If you are unsure whether you are conforming to the regulations contact your local trading standards for advice as regulations change.

Online and Distance Selling Information Official UK Website

All online traders on any web site must conform to BOTH online and distance selling regulations. For up to date information check the link below:

https://www.gov.uk/online-and-distance-selling-for-businesses

The current UK legislation on cancellation and delivery:

• You must tell the customer they can cancel their order up to 14 days after their order is delivered.
• They do not need to give a reason for cancelling.
• If you do not tell the customer about their right to cancel, they can cancel at any time in the next 12 months. If you tell them about the right to cancel during these 12 months, they have 14 days to cancel from when you told them.
• You should deliver the goods within 30 days, unless you’ve agreed otherwise with the customer
• Ensure you check the above with the official link for online selling laws

Do I need product liability insurance to sell online?

You are not legally required to have product liability insurance, but as a trader, online shop owner, supplier or manufacturer, you do have a duty of care towards your customers. The Consumer Protection Act requires you to make sure that the goods you supply are safe. If your product causes injury or damage to a customer or their property, you could end up facing legal action. There are several insurance companies or brokers that offer product liability insurance for small traders. a few are linked here:

• https://craftinsurance.co.uk/
• https://www.hiscox.co.uk/business-insurance/product-liability-insurance
• https://www.directlineforbusiness.co.uk/small-business-insurance/product-liability-insurance

General Product Safety

If you make, adapt, customise or improve products for sale to the public you should be aware of the UK product safety regulations.

https://www.gov.uk/guidance/product-safety-advice-for-businesses

 General Data Protection Regulation (UK GDPR)

The customer data you have access to within the Veiled Market is subject to the privacy laws defined by GDPR. This means you should be careful to ensure you only use the data for the purposes the customer gave it to you for, in the case of a purchase it is just the completion of getting them their item. Any use beyond the original purpose must have their explicit consent, so never add them to a mailing list without their permission. If you do want to build a mailing list you can send a message through veiled market when you complete the transaction including an option to join a mailing list with a link, then it is up to the customer if they join or not. For full details of the law, check the following link

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/

Food Imitation

There are regulations prohibiting items which are not food that imitate food

https://www.legislation.gov.uk/uksi/1989/1291/made

Children’s Toys

This category includes: “Any product or material designed or clearly intended for use in play by children of less than 14 years of age”. In this product area is it wise to check with your local trading standards to find out what you need to do to conform to the law.

Explanation of the law: http://www.toysadvice.co.uk/toy-safety-what-does-law-say.html

Link to official webpage: https://www.legislation.gov.uk/uksi/1995/204/contents/made

Food

https://www.food.gov.uk/business-guidance/starting-a-food-business-from-home

When you start a food business, or take over an existing business, you will need to register with your local authority. You should do this at least 28 days before opening, if you are intending to sell food on Veiled Market you must include your hygiene certificate within the “about” section of your shop.

Registration of your food business is free and can’t be refused. Registration is simple and will take a matter of minutes. Local authority officers will make arrangements to visit your home once registered to conduct a food hygiene inspection. This inspection is to assess whether your food preparation areas and food safety procedures are suitable.

If any trader sells food without registering with their local authority and obtaining a hygiene certificate their shop will be in breach of the law and can be closed without refund or notice.

Jewellery

For shops that create jewellery there are some laws they should be aware of:

It is a requirement for jewellery (or any other item) that is described as gold, silver, platinum or palladium must have a hallmark to guarantee its authenticity and its quality. https://www.gov.uk/guidance/hallmarking-in-the-uk-consumer-protection

Anyone who supplies products intended to come into direct and prolonged contact with the skin, and that may contain nickel or its compounds, lead or cadmium, will be affected by the Regulations. Examples are as follows:

• earrings and other body piercing items
• necklaces, bracelets, chains, anklets and finger rings
• wristwatch cases, watch straps and tighteners

https://www.assayoffice.co.uk/news/does-your-jewellery-reach-the-standard

Furnishings Fire Safety

To prevent materials that are a fire risk being incorporated into furnishings there are regulations to control what is acceptable. Upholstery must pass the cigarette test, fillings must be fire retardant and the covers must pass the match test.

https://www.legislation.gov.uk/uksi/1988/1324/contents/made

Cosmetics

If you produce any product that can be defined as a cosmetic using this definition you need to comply with the Cosmetics Products Safety Regulations

Any substance or preparation intended to be placed in contact with the various external parts of the human body with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, correcting body odours, protecting them, or keeping them in good condition

This includes any product that will touch the skin, such as soaps, creams, perfume, oils, or anything your customers will apply to their own skin. You should contact your local trading standards to check you are complying with the regulations on ingredients, labeling and the presentation of the final product.

Infringement of copyright or trademarks

The use of a trademarked image or name may expose the seller to possible legal action by the copyright holder. Any such products will be removed without notice if a complaint is received and if the breach is sufficiently serious may result in the closure of your store. Ensure you own any images or logos you use on your products, or purchase a license for their use. Avoid using brand trademark names or images without permission.

You should avoid any product using words, imagery or associations with brands belonging to Disney, Warner Brothers, Harry Potter, Chanel, Apple and many others. If in doubt use a different word or image. If a key aspect of a product implies a connection with a well known brand or incorporates a common logo it is probably in breach of copyright and trademark unless you have obtained written permission from the trademark owner.