Further Information Index ( F.A.Q.'s )
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Click on this LINK for the BP Markets F.A.Q. Page. |
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Information from Trading Standards about
visiting Car Boot Sales ( |
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For a free 10 page booklet on
how to sell at Car Boot Sales . This also needs the PDF reader.
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DO NOT TRY TO SELL OR EVEN BRING
ONTO ANY SITE THE FOLLOWING:
ANY FIREWORKS, OR ANY FLAMMABLE GOODS OR DO ANYTHING THAT COULD CAUSE A FIRE.
SELL ANY TYPE OF KNIFE.
ANY TYPE OF GUN / FIRING DEVICE OR SWORD (EVEN IF THEY ARE A TOY, REPLICA, ORNAMENT ETC)
ANY COUNTERFEIT GOODS ANY STOLEN GOODS
CIGARETTES / TOBACCO OR ALCOHOL
PORNOGRAPHIC MATERIAL LIVING CREATURE - ANIMAL OR BIRD
NO RUBBISH TO BE LEFT ON ANY PITCH
If you have any suggestions on any of the above please e-mail us here
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. Many people liked the atmosphere of car boot sales and they quickly became a new leisure activity.
Unfortunately, some businesses see car boot sales as a way of carrying on trade under the guise of private individuals. They try to escape their legal obligations by refusing to honour buyers' rights. Some sell stolen, unsafe or counterfeit goods.
Are you a Trader?
A survey showed that most people who sell at boot sales don't consider themselves to be in trade. Many, however, admitted selling at boot sales several times a year. Trading Standards Officers have estimated that as many as 50% of sellers are regular traders.
So when does the law consider you a trader? There is no hard and fast rule, but ask yourself the following questions:
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Are the goods you are selling your personal property? If not and you buy goods in specially to resell, for example from newspaper adverts or a cash and carry, you are very likely to be a TRADER. |
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Do you attend boot sales regularly - once every couple of months or more? If so, you are likely to be a TRADER even if boot sales are not a major source of income. |
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Do you employ anyone to help you with sales? If so, you are probably a TRADER. |
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Do you sell similar goods at other venues, e.g. markets, in the street or from home? If so, you are almost certainly a TRADER. |
Traders and the law
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Business Names Act - If you don't trade under your own name but as e.g. "ANYTOWN FRUITERERS", you must display clearly your name and address where legal documents could be sent to you. |
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Consumer Protection Act - Take great care that everything you sell is safe. Be particularly careful with toys, electrical goods, upholstered furniture and clothing, especially nightwear. Where you show a price for goods, it is an offence to charge a buyer more. It is also illegal to mislead buyers in other ways about the price of goods, for example by using price comparisons or 'sale' signs when the higher price you quote in comparisons is unfair or meaningless. |
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Fair Trading Act - It is an offence to display any sign which tries to limit a buyer's rights. Do not use signs like 'NO REFUNDS' or 'SOLD AS SEEN'. As well as being illegal, these signs do not, in fact, limit buyers' rights at all. |
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Price Marking Order - Traders must show a price in writing for all goods offered for sale. This can be attached to the goods, or be placed adjacent to them. |
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Food Safety Act - Environmental Health Officers enforce rules governing the labelling and composition of food and will expect you to have checked that food is properly labelled, within any use-by date and of the right quality. They are also responsible for controls on hygiene and food which is unfit to eat. Fines for selling food which contravenes the requirements can be high. For advice on food safety, you should contact the Environmental Health Deprtment at your local Council. |
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Trade Descriptions Act/Trade marks Act/Copyright Designs and Patents Act - Goods must not be misdescribed. Before selling recorded or branded items such as cassettes, video films, DVD films or t-shirts, satisfy yourself that they are not counterfeit, because heavy penalties can be imposed on anyone who breaches copyright by selling fakes. Selling video and DVD films is risky because the sale of films which have not been properly classified by the British Board of Film Classification can attract fines of up to £20,000 per tape or a prison sentence. Certain educational, sport and music videos are exempt from this requirement. You are strongly advised to take more detailed advice on the Video Recordings Act before putting video films out for sale. |
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Sale & Supply of Goods Act - If you sell something, whether new or second-hand, it should be of satisfactory quality, as described and fit for its purpose. If you sell something which does not meet these requirements, your customer has a right to a refund provided he/shereject goods promptly. Even if the customer does not act promptly, they will still have the right to a replacement, a repair or to a reduction in the price to reflect the fault. As a trader, you should be ready to honour these rights. If you are selling something with defects, you can only escape your obligation to provide these remedies if you point out the fault at the time of the sale. Doing this doesn't protect you from a claim if the item has further faults. Unlike the other Acts mentioned, you cannot be prosecuted by Trading Standards for breaking this Act, but you could be sued by your customers. |
If you're not a trader
If you are a genuine 'non-trader' seller, you will be largely outside the controls of consumer law, but there are exceptions - for example, if you describe goods in any way and that description proves to be false, you will be obliged to give a refund or replacement, or reduce the price to reflect the misdescription.
There are things you can do, however, which will help avoid problems and which we would recommend as 'good practice' during private sales.
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Electrical Goods - We advise consumers to steer clear of items such as electric fires and irons at boot sales, so unless the item has a reputable, recent source we would caution strongly against its sale. |
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Clothes - Think twice before selling nightwear. It might well not meet flammability requirements that apply to nightwear sold by traders. Children's coats with hood-cords can also pose a hazard, so beware of selling these if their source and safety is uncertain. |
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Toys - Look toys over to make sure there are no sharp points or small parts that can be pulled off. Put the toy in a skip rather than a sale if it is in bad shape or very old. If you still have the packaging, sell the toy in it. |
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Other Danger Areas - Caution should be exercised in
the sale of the types of goods listed below. All of them have their own safety standards
when sold by traders and you should have them checked carefully before you even think
about selling them. - Prams and pushchairs. - Paraffin heaters. - Oil heaters. |
A Police message
Handling stolen goods can attract greater penalties than the theft. If YOU sell stolen goods the buyer is entitled to their money back from YOU not the thief.
In your own interest, when buying goods, ask for a RECEIPT and proper IDENTIFICATION, note the seller's VEHICLE NUMBER and contact the nearest police station if you are suspicious.
BEWARE of popular items of stolen property, especially garden equipment, power tools and mountain bikes.