This page reviews what trading legislation, regulations and consumer protection standards apply to all artists trading with UK consumers in terms of:
  • what goods and services you sell
  • how you describe and price your goods (e.g. art) and services (e.g. art tuition)
  • how you market your goods and services
  • where and when you sell 
  • how you sell - face to face or online

What do you as an artist NEED TO KNOW about trading
  • When you start to retail face to face (eg. at an Art Fair) you MUST make be in complete compliance with all relevant legislation and standards for trading.
  • When you begin to work on commission you must understand the regulatory framework for trading
  • When you sell online to consumers living in the UK, then UK law applies to you - wherever you are located.
  • What happens when an artist gets investigated by Trading Standards!
This page provides access to:
  • Trading Law and Regulations (UK)
  • Business Companion Guides (UK)
  • Summary statements on Gov.UK relating to various aspects of trading
THIS PAGE RELATES TO THE UK ONLY

The intention is to develop similar pages for other locations.

​However in general, what is described on this page might be regarded as sound business practice in relation to trading.

What do trading legislation, regulation and standards apply to?
​

BELOW This page continues with information relevant to selling to UK consumers
​Use the following as a CHECKLIST for:
  • what you need to know; and/or
  • what you need to find out.
Trading Laws, Regulations and Standards typically apply to:
  • what you sell and how you describe it
  • where you sell
  • how you sell re. contracts & pricing
  • keeping customers safe 
  • ​business information consumers need
REFERENCE LINKS are typically 
  • either to other pages on this website
  • the UK government website
  • or business companion guides (pdf files) produced by the Chartered Trading Standards Institute and backed by the UK Government's Department for Business
  • legal websites
  • wikipedia
Picture
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

What you sell

Any products... that are sold - whether on-premises, off-premises or at a distance - are 'goods'
  • goods e.g. original art, fine art prints, digital prints
  • digital e.g. art e-books, art instruction videos
  • services e.g. art tuition. art workshops, art courses, 

Where you sell

How you sell
​

  • marketing - how you market and advertise your goods (e.g. art) and services (e.g. art tuition)
  • contracts​ eg for sale of art, commissions
  • pricing & payment - terms imposed on buyers for when and how they pay

When you sell
​

  • Trading days and hours - for different types of retail outlet 

Keeping customers safe
​

  • product safety eg artwork does not contain unsafe or toxic or harmful products unless these are permitted and labelled as required by law 

Consumer Information
​

  • business information for consumers e.g. trading address, complaints policy, contract cancellation rights, refunds policy
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 LAW, REGULATION & STANDARDS IN THE UK

Contracts must be written in plain language to avoid being misleading and unfair.

What artists "need to know"

Trading and Consumer Protection law and regulations are applicable  to ALL artists selling a good (e.g. artwork) or service to a client (e.g. a commissioned portrait or tuition). 

​BEWARE: 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 - and how the law and regulations protect consumers from any unfair trading (whether or not you understand that is what you are doing!)

ARTISTS / ART TUTORS MUST understand obligations under
  • The sale & supply of goods - statutory rights and remedies
  • Digital content - statutory rights, remedies and compensation
  • The supply of services - statutory rights and remedies
  • The description of goods and services (false descriptions can lead to a prison term)
  • The pricing of goods and services
You NEED to: You NEED to:
  • use reasonable care and skill to deliver the goods or service
  • do what you say you're going to do
  • deliver what you say you are going to produce
The law and regulations applying to retail of goods and/or services in the UK are listed below.

UK Trading and Consumer Rights Legislation & Regulations
​

Below I've referenced the government and government sponsored websites in relation to the various legislation and regulation.

HIGHLY RECOMMENDED: The Business Companion website is a model of simplicity and clarity for the most part.
READ the Business Companion Guides - which are also downloadable as PDF files
E-commerce Directive - see Ecommerce for Artists on this website
​
Consumer law changed on 1 October 2015, as the Consumer Rights Act came into force. The changes cover:
- what should happen when goods are faulty
- unfair terms in a contract
- what happens when a business is acting in a way which isn’t competitive
- written notice for routine inspections to be given by public enforcers, such as Trading Standards
- greater flexibility for public enforcers to respond to breaches of consumer law, such as seeking redress for consumers who have suffered harm

As well as these changes there are 2 new areas of law covering:
- what should happen when digital content (eg online films, games, e-books) is faulty - the act now gives consumers a clear right to repair or replacement
- how services should match up to what has been agreed, and what should happen when they do not or when they are not provided with reasonable care and skill (eg giving some money back if it is not practical to bring the service into line with what was agreed)
Policy paper: Consumer Rights Act 2015 Published 14 August 2015
Consumer Rights Act 2015
  • Important legislation providing better and simpler protection for consumers which is easier to understand.
  • This legislation is also fit for purpose in the context of digital goods and services as well as more traditional goods and services.
  • Replaced the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982
  • provisions relating to goods, digital content, services and unfair terms came into force on 1 October 2015.

Trade Descriptions Act 1968 & Consumer Protection from Unfair Trading Regulations 2008 (latter relates to the EU Unfair Commercial Practices Directive)  
  • Descriptions of what is for sale must always be accurate re. goods (artwork) services (tuition), digital content (videos and/or books) - plus information about consumer rights
  • 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. Nor should you give misleading information about prices.
VARIOUS REGULATIONS spell out implementation in more detail

The Business Protection from Misleading Marketing Regulations 2008 
- This covers advertising to businesses.
  • You MUST be accurate and honest and not make misleading statements - see PDF
  • you can’t harass consumers by, for example: including false or deceptive messages; leaving out important information or using aggressive sales techniques
  • Understand the guidelines on consumer protection from unfair trading

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 - see PDF
  • require ALL traders to give consumers specific information
  • consumer rights in relation to UK consumers shopping online
  • differentiates between sales, service and digital contracts - and when a contrast is a distance or offline.
  • covers rights to cancel and refunds

The Consumer Contracts (Amendment) Regulations 2015 - see PDF
  • new rights and remedies in relation to digital content
  • amendments to existing consumer rights and remedies for defective goods and services.
  • reflects changes re Consumer Rights Act 2015 ​
For distance or off-premises sales  - APPLICABLE TO ALL ARTISTS SELLING ONLINE
​
Key information which the trader must provide - in a durable medium (paper or email) - includes:
  • a description of the goods, service or digital content, including how long any commitment will last on the part of the consumer 
  • the total price of the goods, service or digital service or the manner in which the price will be calculated if this can’t be determined
  • how you will pay for the goods or services and when they will be provided to you
  • all additional delivery charges and other costs (and if these charges can't be calculated in advance, the fact that they may be payable)
  • details of who pays for the cost of returning items if you have a right to cancel and change your mind
  • details of any right to cancel - the trader also needs to provide, or make available, a standard cancellation form to make cancelling easy (although you aren’t under any obligation to use it)
  • information about the seller, including their geographical address and contact details and the address and identity of any other trader for whom the trader is acting
  • information on the compatibility of digital content with hardware and other software that the trader is aware of (or can reasonably be expected to be aware of).  
​Source: Consumer Contracts Regulations | Which ​
BUSINESS COMPANION GUIDES REFERENCE: 
​
REFERENCE - OTHER SOURCES:​
Online, mail and telephone order customers have the right to cancel their order for a limited time even if the goods aren’t faulty. Sales of this kind are known as ‘distance selling’.
Accepting returns and giving refunds: the law
WHAT YOU MUST NOT DO

The following are completely banned in all circumstances
FALSE CLAIMS: You cannot:
  • claim to be a member of a trade association
  • claim your product has been approved by a public or private body (unless it has)


MISLEAD CUSTOMERS (availability): You must NOT:
  • use 'bait and switch' advertising (it's fraudulent! Plus breaking the law prohibiting this can result in a criminal prosecution, an unlimited fine and two years in jail.)
  • suggest consumers must make decisions now because your goods and services are only available for a limited time period.

MISLEAD CUSTOMERS (sale context): You must NOT
  • make bogus claims about the reason for sales (eg closing down / moving premises)
  • suggest a product is FREE if the cost of sale is priced into the cost to the customer in other ways (e.g. shipping)
  • send a product with an invoice and imply a customer ordered it when they did not such thing
  • suggest you are a consumer when you are actually a trader
​
COMPETITIONS / PRIZE DRAWS: You must NOT:
  • create any false impressions relating to art prizes or art competitions
  • indicate a prize / award for a competition when it is not awarded
  • suggest that a consumer has won a prize when there is no prize
  • suggest the consumer can claim a prize only after they incur a cost
AGGRESSIVE SALES: You must NOT:
  • suggest a client/consumer cannot leave your premises until they have signed a contract
  • visit a consumer/ potential client at home and refuse to leave
  • be persistent in making unwanted and unasked for approaches by phone, fax or email (except when a trader has a legal right to enforce a contractual obligation)
  • appeal to children to buy a product or service 
  • suggest your livelihood is in jeopardy if the consumer does not buy the product

UNREASONABLE DEMANDS: You must NOT:
  • fail to respond to communications by a client when they want exercise their contractual rights

INERTIA SELLING You must NOT:
  • demand payment for any product sent to a consumer that they did not ask for
  • demand that an unsolicited product is returned by the person you sent it to (i.e. they can keep them!)

PYRAMID SELLING: You must NOT:
  • ​operate a pyramid scheme (as per the legal definition)
  • i.e. take money from a customer so that they can make money by introducing others to the scheme  - as opposed to selling them tangible goods and services
BELOW These videos explains some of the legislation and regulations which underpin consumer rights in the UK.
The Consumer Rights Act 2015 replaced

Trading Standards in England - sources of help and advice
​

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; only the courts can give an authoritative interpretation of the law.
GOVERNMENT AND PROFESSIONAL
​
The Business Companion website is
  • hosted by the Chartered Trading Standards Institute and
  • backed by the UK Government's Department of Business. Energy and Industrial Strategy.​
It explains trading standards law in ENGLAND​​

The Chartered Trading Standards Institute - provides support and advice for problems with trading.

Trading Standards - National and Local
  • National Trading Standards - allocate grants that come from Government to tackle high priority national and regional trading standards issues in England and Wales.  It also has teams overseeing a range of issues, from copycat websites to doorstep crime.
  • Local Trading Standards Offices - can be found via the Chartered Trading Standards Institute

The UK Government
TRADING STANDARDS CRIME

The National Trading Standards e-crime team was set up in the UK by the National Trading Standards Board and by the Department of Business, Innovation and Skills to investigate online scams and rip-offs of national significance.

They have also developed an infographic specifically about copycat websites, 
copycat_websites_infographic.pdf
File Size: 355 kb
File Type: pdf
Download File
​​NON-GOVERNMENT RELATED - advice and information
​

What the government has to say about trading 
​

Below you can find links to summarised statements on the Gov.UK website of what you can and cannot do
​
The following relate to how you advertise your art or related product (eg tuition)​
Display of prices
If you’re a retailer, you must display:
- the price of products - this must be in sterling (pounds and pence) and include VAT where applicable
- the price of a single item (the ‘unit price’) for products that you sell loose
When you don’t have to offer a refund
You don’t have to refund a customer if they:
- knew an item was faulty when they bought it
- damaged an item by trying to repair it themselves or getting someone else to do it (though they may still have the right to a repair, replacement or partial refund)
- no longer want an item (eg because it’s the wrong size or colour) unless they bought it without seeing it

You have to offer a refund for certain items only if they’re faulty, such as:
- personalised items and custom-made items, eg curtains
- perishable items, eg frozen food or flowers
- newspapers and magazines
- unwrapped CDs, DVDs and computer software

Examples of trading standards investigations
​

This is a list of articles which can be read online of artists or art dealers who were investigated by Trading Standards
​

​Trading Standards in different places
​

Law, rules and regulations may vary from place to place. However, in general, principles are typically similar from place to place (eg within Europe)
  • in relation to all goods and services sold to consumers - including art and art tuition
  • typically also apply to artists as well as all other traders.

HOWEVER, you cannot assume that what applies in one place is automatically the same in another place. It's just not true.
  • trading standards and legislation can vary according to where you live
  • it's essential you find out what national, regional and local legislation and practices relate to you - and the onus is on you to find out what they are
  • if you relocate where you retail then you need to check out what the standards are for that area
Wherever you want to trade - in whichever country - you MUST check on
  • what is expected of all retail operations
  • whether or not anything in particular relates to what, how or where you propose to trade

Information about the regulatory rules for business transactions can generally be found on government websites. Some are easier than others! eg  Some are impenetrable!
However other websites can also be useful.
Just remember to check out who created the information first before following it.