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:
|
Trading Standards typically apply to:
|
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
|
What you sell
|
Where you sell
|
How you sell
|
Any products... that are sold - whether on-premises, off-premises or at a distance - are 'goods' |
|
Key topics
Key Activities
|
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)
You cannot assume that what applies in one place is automatically the same in another place. It's just not true.
|
Wherever you want to trade, you MUST check on
|
Contracts must be written in plain language to avoid being misleading and unfair.
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 |
copycat_websites_infographic.pdf | |
File Size: | 355 kb |
File Type: |
This website provides a compendium of resources about the art business for artists.
It helps artists learn how to do better at being business-like, marketing and selling art and looking after their financial security. |
Copyright Katherine Tyrrell | Making A Mark Publications - all rights reserved
If you've got any suggestions for what you'd like to see on this website please send me your suggestion
|
PLEASE NOTE:
1) Content and the law change all the time. 2) Given the size and scope of this site I do NOT warrant that
|
3) This website is free for you but not for me.
Links to books are Amazon Affiliate links. Buying a book via this website means I get a very small payment which helps to fund and maintain this website. .I much appreciate any support your provide. Adverts are provided by Google AdSense - but the adverts do not mean I endorse the advertiser. |