Retailers Legal Responsibilities and Policies
Prepared By: Emma Cunniffe
For The Attention Of: Catherine Cooney
Class: Beauty Sales Advisor
Issue Date: 20/10/14
Terms of Reference
This report is for the FETAC level 5 module Retail Selling as part of my certificate in Retail Practice – Beauty Sales Advisor.
The Aims of this report are:
* To identify and explain four pieces of legislation that affect retailers.
* Discuss the retailers policies on returns
* Discuss the retailers policies on after sales services
* Discuss how retailers can ensure health and safety in the work place marketing reference to ...view middle of the document...
Unfair Commercial Practice
* The EU Unfair Commercial Practice Directive deals with unfair business to consumer commercial practice.
* Practices are banned if they are unfair, misleading or aggressive or if they are likely to distort the customer’s choice
Price Display regulations
* The CPA gives the minister the power to make regulations requiring that the prices of certain products to be displayed in a certain manner.
* The Price Acts 1958-1972 gave the minister for jobs, Enterprise and innovation the power to set maximum prices.
* The power to control prices is up to the government in emergency situations.
* The pyramid selling Act 1980 was repealed by the CPA 2007 and replaced.
* Pyramid schemes are banned
* Penalties for offences involve a fine of up to €150000 and a prison sentence of up to five years.
Codes and Practices
* The CPA provides codes of practice drawn up by traders and for the CCPC to approve such codes
* The CCPC can issue guidelines to traders about consumer protection and welfare, commercial practices, quality assurance schemes and codes of practice.
Casual trading licence
* The minister introduced statutory guidelines for local authorities in regard to issuing casual trading licences.
* Non- statutory guideline were issued to local authorities in July 2005 and July 2006 with a view of them being implemented on a voluntary basis.
* If the CCPC concedes that there is a case for looking for an injunction prohibition order against a trader it may accept written undertaking from the trader containing the terms and conditions the CCPC thinks appropriate. If the trader doesn’t comply the CCPC may look for a prohibition order.
* The CCPC can impose a compliance notice to a trader it considers to have participated in prohibited activity. The trader then has 14 days to appeal the notice. If they fail to comply, the CCPC may take proceedings.
* The CCPC can impose on the spot penalties for offences relating to display of prices.
* The CCPC are required to keep a consumer protection list. It is a list of traders convicted of criminal offences, court orders, served with compliance notices or subject to a fixed payment notice.
Role of the Central Bank
* It enforces provisions of CPA 2007 in the financial server area.
* The Act provided protection for people who report breaches of legislation to the CCPC
Redress for Individual Customers
* Anyone can apply to the circuit court or high court for an order prohibiting any practice that is unlawful under the CPA 2007.
* If someone takes this action on the trader must be given notice.
* If a trader is convicted of an offence under threat, it is open to the court to require the trader to pay damages to the consumer who has suffered loss as a result of the trader’s actions.
* The fine can range from €3000 to...