General
Members will operate within the law and specifically within the sale of Goods Act and will comply with the British Codes of Advertising & Sales Promotion Practice and any other applicable advertising Code. Members will ensure that where products are offered to the general public VAT inclusive prices will be clearly indicated.
Where TCA Members are engaged in selling Mobile Telephony products and services, they must conform to Ofcom’s General Conditions, and in particular to GC23 regarding mis-selling.
Members must not trade in counterfeit goods. Any member admitting to doing so or being found guilty of having done so will be expelled from the Association.
Members who admit or are proven to have stolen Intellectual Property of any type or by any means will be expelled from the Association
Members who admit or are proven to have encouraged or knowingly enabled their customers to commit theft of Intellectual Property by any means will be expelled from the Association
Members should not, in their advertising or marketing, make direct damaging reference to the products or services of any competitor, whether or not that competitor is a Member of the association, unless the Member concerned is prepared to substantiate such references. Where performance comparisons are used the Member must make every effort to ensure that comparisons are fairly based, including both the price and performance information as well as any relevant specification differences.
Contract information
Clear pre-contractual information including details of key terms must be available to customers, in full and in writing upon request, prior to purchase.
Prices quoted and invoiced should clearly show a total and a breakdown where appropriate including VAT, credit and delivery charges. Quotations will be fixed and valid for the period stated.
Clear and accurate information should be provided on any extra or linked goods or services such as routine servicing, telephone help lines etc.
Terms and Conditions of supply will conform to the Unfair Terms in Consumer Contracts regulations & they will be legible, comprehensive and comprehensible, and will clearly indicate guarantees and warranties and the optional nature of any chargeable extension to the consumer’s legal rights.
Information regarding statutory cancellation rights will be provided
Products for review or evaluation
Unless by specific agreement, Members will not submit for a magazine review or for customer evaluation any product containing non-standard on non requested components if they know or have reason to believe that such variation might give rise to misleading judgement as to the normal performance of the product. Any variation agreed upon must be clearly documented. The Member must also indicate to the best of their knowledge the cost and performance implications of the variation. Members should take reasonable steps to ensure that reviewers or evaluators have current price information.
Delivery times
Unless otherwise advised in advance Member’s delivery time - (the period between cleared funds being received and goods being available for shipment of collection) will average no more than 14 days - notwithstanding the method of payment agreed upon. Members must maintain records that will enable the TCA to gain a reasonably accurate history of their average delivery times should that be necessary.
Delay in delivery
If a previously quoted delivery time is likely to be exceeded, the Member will take steps to promptly notify the customer and agree the most appropriate action to be taken.
Credit card payment
Where credit card payment is made, Members will adhere to the terms and conditions of whichever credit card company the customer is using.
Prepayment
If the product is to be ordered or made especially for the customer (it does not appear in any current specification list) the Member may, with the agreement of the customer, take an initial deposit at time of order. For bespoke items there is no limit on the value that may be required as a deposit. Members will clearly indicate at time of order the full details and procedures for payment and whether – within the law – a deposit is non-refundable.
No retailer is required to provide products until cleared funds have been received. Members have the right to decide which payment methods are acceptable to them.
Safeguarding prepayments
Members should take reasonable steps to safeguard prepayments, especially from personal purchasers that are not otherwise safeguarded. Consumers paying by credit card have their payments safeguarded under Section 7 of the Finance Act.
Delay causing claim for refund
In the event of any delay causing a delivery time longer than that which was originally agreed, and if full or part prepayment has been made (cleared funds received), Members recognise that the customer is entitled to request a refund of all prepayments. The Member will make any refund due without undue delay and wherever possible by the same means as was originally used for payment. Consumers must not be subjected to excessive or unnecessary procedures before payments are refunded. Consumers should note that many suppliers adopt the prudent business practice of not making refunds until they have received confirmation of payment from the credit card company, and this may take several weeks and cause a delay in issuing a refund.
Quality-control
Members must operate quality-control procedures appropriate to the goods being sold. Details of the quality-control procedures will be supplied to customers upon request by the individual Member.