Trading Standards for Artists
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What artists need to know about Trading Standards - what you can sell, where, how and other relevant laws and standards
When you start to retail face to face at an Art Fair, you MUST make sure you are in complete compliance with all relevant legislation and standards for trading. |
This page reviews what legislation and what trading standards apply to in terms of:
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What do trading standards apply to?
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Trading Standards typically apply to:
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The law, rules and regulations may vary from place to place but the general principles of what they apply to are generally the same.
Use the following as a checklist for
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What you sell
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Where you sell
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How you sell
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Any products... that are sold - whether on-premises, off-premises or at a distance - are 'goods' |
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Key topics
Key Activities
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There is some very specific information you must give to consumers in a clear, legible and understandable way before you enter into an agreement with them. This covers such things as your trading address, pricing, complaint-handling policy and cancellation rights. If you do not give certain parts of this information the consumer does not have to pay.
Business companion guide - off-premises sales (my bold)
Trading Standards in different places
Art attached to railings and being sold in London - legislation and standards apply to this just as much as if it were in a gallery
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You cannot assume that what applies in one place is automatically the same in another place. It's just not true.
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Wherever you want to trade, you MUST check on
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Trading Standards in the UK
Trading - relevant legislation
Contracts must be written in plain language to avoid being misleading and unfair.
The laws applying to retail of goods and/or services in the UK are listed below. Breaking the law or failing to observe the regulations can mean prosecution, fines and/or imprisonment. It's worth making sure that you understand what you can and cannot do.
This video explains some of the legislation and regulations which underpin consumer rights in the UK.
This video explains some of the legislation and regulations which underpin consumer rights in the UK.
Below I've referenced the government website in relation to the various legislation and regulation. This, for the most part, is a model of simplicity and clarity and I recommend reading it.
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Consumer Rights Legislation Sale of Goods Act 1979 This stipulates all the legal and contractual matters that you need to know about in relation to selling art. You need to
Supply of Goods and Services Act 1982 Applicable to those providing a good or service to a client e.g. a commissioned portrait or tuition. You need to:
Unsolicited Goods and Services Act Trade Descriptions Act Your descriptions of what you are selling must always be accurate (re. goods (artwork) services (tuition), digital content (videos and/or books), rights, and obligations). The law states that your descriptions should not give false information, nor should they deceive - or be likely to deceive - a consumer, which then makes him act in a different way. Consumer Rights Act 2015 Understand your obligations under |
Consumer Regulations
There are various regulations which spell out implementation in more detail E-commerce Directive - see Ecommerce for Artists The Business Protection from Misleading Marketing Regulations 2008 - This covers advertising to businesses.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 - see PDF The Consumer Contracts (Amendment) Regulations 2015 - see PDF |
Trading Standards in England - sources of help and advice
The Chartered Trading Standards Institute - provides support and advice for problems with trading.
The Business Companion website - explains trading standards law in ENGLAND
The UK European Consumer Centre - hosted by CTSI, provides free advice and support to consumers who have a dispute with a trader based in another European country.
The Business Companion website - explains trading standards law in ENGLAND
- The content on Business Companion is written and verified by expert contributors, but is not designed to be a replacement for professional advice and is intended only for guidance.
- It's a website sponsored by the Chartered Trading Standards Institute and Government (the Department of Business, Energy and Industrial Strategy - which is responsible for trading standards)
- Business-to-business marketing - Understand what the law requires of you when doing business with other businesses
- Trade Simple - Virtual College | e-learning course directory - This TradeSimple website provides a range of online training resources suitable for businesses of all sizes. Example: Consumer Contracts - Distance Sales
- Alternative Dispute Resolution - options for businesses, and the information requirements, for resolving disputes out of court. ADR is any process for the resolution of a dispute out of court. The simplest and most common form of ADR is direct negotiation, and this often leads to a solution. It's also a quicker and cheaper alternative to court for resolving disputes.
The UK European Consumer Centre - hosted by CTSI, provides free advice and support to consumers who have a dispute with a trader based in another European country.
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