The Sale of Goods Act 1979 (as amended), places numerous legal obligations on business sellers. In particular, items sold on BAR Global by business sellers to non-business consumers must be:
Where the seller is a private individual, the goods must be “as described”. The goods are not legally required to be of “satisfactory quality” or “fit for purpose”.
The
prohibits businesses from treating consumers unfairly. In particular, a misleading act or omission by the seller, which results in the buyer purchasing an item that they wouldn’t have otherwise have purchased, is a criminal offence in most cases.
The Distance Selling Regulations generally apply to sales to non-business buyers made by sellers acting in the course of a business, which have been made at a distance. In other words, where there is no face-to-face contact between the seller and the buyer before the contract is made. The Distance Selling Regulations usually cover sales made over the internet, including:
Under the Distance Selling Regulations, buyers have a period of 7 working days after the date of delivery within which they can cancel the contract (often referred to as the ‘cooling off’ period) and get their money back, including the original postage and packing charges. If the seller has not provided all the information required under the Distance Selling regulations before the contract is concluded, the buyer will have up to three months. You must refund the original delivery charges. However, you are permitted to require the buyer to pay for the cost of returning the item, but only if you clearly inform the buyer of this before the contract is made.
You can specify the returns time frame and who pays for return postage when you setup your returns preferences. Please note that the minimum time frame for returns on BAR Global is 14 days. We’ve chosen this because a 14-day returns period will be required when changes to UK distance selling regulations come into effect in June 2014.
If your listing doesn’t fall under the Distance Selling Regulations, you’re not legally obliged to refund a buyer if they change their mind. However, you may choose to provide a service that goes beyond the minimum legal requirement in order to encourage consumers to buy from you.
Under the Sale of Goods Act 1979 (as amended), items sold by business sellers to non-business consumers must be:
If an item you sell doesn’t conform to these criteria, the buyer has the right to request money back within a “reasonable time”. What is considered a “reasonable time” varies from item to item. For example, a pair of skis is unlikely to be used straight away, so a “reasonable time” is likely to be longer than for an item normally used on a daily basis. Other factors may also affect what is defined as a “reasonable time” for specific items. In addition, the Sale and Supply of Goods to Consumers Regulations 2002 gives consumers a right to a repair or replacement where goods turn out to be faulty.
When a business sells an item to a consumer, the default position is that any loss or damage to the item that occurs in transit is the responsibility of the business. This means that you are likely to be required to replace items lost or damaged in the post. Most BAR Global business sellers choose to replace lost and damaged items as a matter of course, using insured postage services where cost effective.
You’re responsible for reviewing and understanding BAR Global selling policies, as well as all applicable laws and regulations as outlined in the User Agreement. Therefore, learning about BAR Global’s selling policies before you list an item will help you avoid unintentionally breaking the rules.
As part of the Unfair Commercial Practices Directive (April 2008), a business may not falsely represent itself as a private individual. By not registering as a business seller with BAR Global, you may be violating the law.
As a business seller, you must:
Make sure you follow these guidelines. If you don’t, you may be subject to a range of actions.
Are you operating as a business?
A few examples of when you should register as a BAR Global business:
- Sell items that you have bought to resell
- Make items yourself and sell them, intending to make a profit
- Are a Trading Assistant
- Buy items for your business
The Unfair Commercial Practices Directive (April 2008) makes it an offence in the UK for a business to falsely represent itself as a private individual. So if you are misleading potential buyers into thinking that you are a private individual when you are in fact a business seller (ie: by not registering as a business seller with BAR Global), you will be breaking the law.
Ensure your goods are of satisfactory quality
The most important piece of legislation in the UK relating to the sale of goods through BAR Global is the Consumer Rights Act 2015. The Act provides that wherever goods are bought by a consumer, they must meet certain minimum standards. This means that items sold through BAR Global by business sellers to non-business consumers must be:
- Of satisfactory quality
- As described
- Fit for particular purpose
Therefore, goods sold by business sellers must not be inherently faulty at the time of sale, must match any description given to them and, allowing for factors like price, they must be fit for their purpose, defect free, safe, and durable.
When considering whether goods are “fit for purpose”, it’s not only the obvious purpose of the goods that will be applicable. If the seller has told the buyer that the goods will be suitable for a specific purpose (for example, “is suitable for wet conditions”), this purpose will also be relevant.
The Act applies to both new and used items. It is worth bearing in mind that second-hand goods are likely to be judged less rigorously than new goods. For example, it’s not reasonable to expect that used goods will be of the same quality as new goods. In any event, sellers of second-hand goods remain under an obligation to ensure that the goods are as described.
In addition, the Act introduced a 30-day refund period in which buyers can reject a faulty item and get a full refund, tiered remedies for faulty goods (including the right to a repair or replacement in certain circumstances) and pre-contract information requirements, among other things.
For information on consumer rights law, we recommend that you read this
Business Companion Guide.
Resources:
Always include the correct pricing information
It is an offence under the Consumer Protection from Unfair Trading Regulations 2008 for business sellers to give consumers false or deceptive information about the price of goods, services, accommodation, or facilities. That applies in whatever way the price indication is given (e.g., written in a notice or leaflet, or given orally). It applies also to price indications that become misleading after they have been given, and to any indications given about the way in which a price will be calculated. Price indications can still be misleading even if the information given is factually correct.
Resources:
Make sure your listings are not misleading – Unfair Commercial Practices Directive
The Consumer Protection from Unfair Trading Regulations 2008 implements the
EU’s Unfair Commercial Practices Directive and prohibits businesses from treating consumers unfairly. It obliges businesses not to use:
- Aggressive practices (such as pressure selling)
- Misleading practices (includes both acts and omissions)
One of the key tests in the regulations is whether the unfair commercial practice in question materially distorts the consumer’s economic behaviour (e.g. was the consumer persuaded to make a purchase they wouldn’t otherwise have made because of the commercial practice?).
A breach of the Consumer Protection from Unfair Trading Regulations 2008 is, in most cases, a criminal offence.
Resources:
The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (ADR Regulations 2015) came into force in 2015. This legislation is aimed at resolving disputes without going to court and impose certain obligations on business sellers. Participation in ADR is voluntary, however the legislation still imposes obligations on business sellers, even if you choose not to participate.
Read the full text for more information.
Also, the European Regulation on Consumer ODR (ODR Regulation) came into force in January 2016. The ODR Regulation applies where the buyer is based in a different EU country to you. Like the ADR Regulations, it’s voluntary. Nevertheless, the ODR Regulation also imposes certain requirements on business sellers, even if you choose not to participate. Find out more at the
Official Journal of the European Union.
Returns and the law
This section provides answers to the more commonly-asked questions relating to returns and warranties you offer to consumer (non-business) buyers, for example when you sell on BAR Global.
Refunds when a buyer changes their mind – Consumer Contract Regulation
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have to refund the price of an item (and original delivery charges) if the buyer changes their mind. Make sure you process the refund within 14 days of when you receive the returned item or proof that the return has been posted.
Buyers have a minimum of 14 calendar days from the day after the item is received to let you know they’d like to return the item for a refund. You can set a longer returns timeframe if you choose. Buyers then have an additional 14 calendar days from when they let you know they want to return the item, to actually return it, or provide proof of the return.
Legally, you’ll have to refund the original delivery charges as well, to the value of the cheapest postage option. You can specify a returns timeframe and who pays for return postage when you setup your returns preferences.
You must inform your customers of their right to withdraw from the contract within the 14 day cooling-off period. If you do not provide this information, your buyers have up to 12 months to return an item for a refund. Here is an example of the instructions for withdrawal:
Example withdrawal form
Complete and return this form only if you wish to withdraw from the contract.
To [Name/Company], [Physical Address – no PO box], [fax number – if you have one], [Email address – if you have one]:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of customer(s),
Address(es) of customer(s)
Signature of consumer(s) (only if this form is notified on paper),
Date
(*) Delete as appropriate.
[ENDS]
For more information, have a look at the
UK government site about online and distance selling for businesses.
Consumer Contracts Regulations apply only when you sell certain items.
If Consumer Contracts Regulations don’t apply to the sale of your item, you don’t have to provide a refund if your buyer changes their mind under the Consumer Rights Act 2015.
Where do the Consumer Contracts Regulations apply?
As a business seller, the Consumer Contracts Regulations apply when you sell from a distance to non-business buyers. In other words, where there is no face-to-face contact between you and your buyer before the contract is made. Consumer Contracts Regulations usually cover sales made over the internet, but may not apply to all types of items sold.
If your item doesn’t fall under Consumer Contracts Regulations, you don’t have to refund a buyer if they change their mind. However, you may choose to provide a service that goes beyond the minimum legal requirement in order to encourage consumers to buy from you.
Resources:
Refunds if the item is faulty or damaged?
The Consumer Rights Act 2015 states that items sold on BAR Global by business sellers to non-business consumers must be:
- Of satisfactory quality
- As described
- Fit for particular purpose
If your item doesn’t meet these standards, your buyer can request their money back within a “reasonable timeframe”. What’s considered a “reasonable timeframe” varies based on the item. For example, a pair of skis is unlikely to be used straight away, so a “reasonable timeframe” is likely to be longer than for an item used on a daily basis.
The Sale and Supply of Goods to Consumers Regulations 2002 gives buyers the right to a repair or replacement if their item is faulty.
For more information about your statutory obligations, have a look at the
UK government site about accepting returns and giving refunds. If you’re not sure, make sure you consult a professional about your minimum legal obligations before you create your returns policy.
Do I have to replace or refund an item that gets lost or damaged in the post?
As a business seller, you’re responsible for any loss or damage to your item while in transit to your buyer. This means that you are likely to be required to replace any lost or damaged items.
Many business sellers choose to replace any lost and damaged items using insured postage services. If you’d like to know the precise legal position on loss and damage in transit as it relates to your business, we’d recommend you seek advice from a professional.
Warranties
You don’t legally have to provide a warranty. However, if you choose to offer one, it’s legally binding. You may find that providing a warranty encourages buyers to buy from you over other sellers.
Remember that even once a warranty has expired, you may still have obligations under the Consumer Rights Act.
Resources:
What if I provide a service?
Consumers are also protected in relation to their purchase of services. The most important law covering the supply of services is the Consumer Rights Act 2015.
When it comes to the supply of services, tradesmen and professionals are required to carry out that service with reasonable care and skill and within a reasonable time. Similarly, if not explicitly agreed between the parties, the law will imply that any goods and materials supplied must be of satisfactory quality.
Resources:
Consumer Protection Act
The Consumer Protection Act 1987 gives people the right to sue the producer, importer or own-brander of a defective product for damages in respect of death, injury or damage to property caused by the product. Please be aware that you will also be liable if you fail to identify the producer when asked to do so by the person suffering damage.
Further information about consumers’ legal rights
In addition if you are a business selling to consumers you should be aware of
consumers’ legal rights.
For more help, see the
information on the Gov.uk website about consumer rights, or you can obtain consumer protection advice leaflets from Trading Standards.
Tax
Value Added Tax, or VAT, is a tax charged on most supplies of goods or services in the European Union.
Finally…
The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (ADR Regulations 2015) came into force in 2015. This legislation is aimed at resolving disputes without going to court and impose certain obligations on business sellers. Participation in ADR is voluntary, however the legislation still imposes obligations on business sellers, even if you choose not to participate. Read the full text for more information.
Also, the European Regulation on Consumer ODR (ODR Regulation) came into force in January 2016. The ODR Regulation applies where the buyer is based in a different EU country to you. Like the ADR Regulations, it’s voluntary. Nevertheless, the ODR Regulation also imposes certain requirements on business sellers, even if you choose not to participate.
Find out more at the Official Journal of the European Union.
International trading policy
Briefly…
We’re committed to providing a safer place to buy and list items, as well as assisting third parties in protecting their intellectual property rights. When someone uses other people’s intellectual property—such as copyrighted material and trade marks—in an unlawful way, it’s considered infringement, which is against the law and BAR Global policies.
Before listing items on BAR Global, be sure to read and follow our rules below and our listing policies.
Additional information for sellers
- Items must comply with export laws: Make sure any items you’re selling can be lawfully posted outside of the country where you live. The export of certain items may require special licences, or may be banned altogether. In particular make sure to comply with Office of Foreign Assets Control (OFAC) and International Traffic In Arms (ITAR) regulations. For more information, see our Embargoed goods and prohibited countries policy and Firearms, weapons and knives policy
- High-value and volume transactions: If you plan to do substantial business with customers in other countries, or if you’re dealing in higher value or highly regulated items, be sure to do careful research, and hire an expert if necessary to make sure that all transactions comply with all applicable laws. There’s often paperwork that you must fill out when completing these transactions
- Here are 3 good reasons to check applicable laws before trading internationally:
- Goods may be intercepted by customs officials. There may also be fines or other liabilities associated with goods impounded or seized by customs
- If you are posting worldwide, your item may not appear in search results in countries where the item is not allowed. We may also remove listings, suspend or terminate a member’s account(s), and/or take action to exclude users from our site
- You may be prosecuted. Such liability may exist in relation to the owners of trademarks, copyrights, or other rights (for example, if a European trademark owner were to attempt to assert rights in connection with the importation into Europe of legitimately manufactured goods that were intended for another market)
Visit the
World Customs Organization for more information about customs regulations around the world. You might also want to contact a specific country’s embassy for guidance.
Additional information for buyers
- Import tax: If you are ordering goods from abroad you may need to pay UK Customs Duty, Excise Duty and/or import VAT. You can find more information on Gov.UK’s Bringing goods into the UK page
- Items must comply with import laws: Make sure you can lawfully import the item into your country before ordering it. Each country has different laws that limit the types of goods that can be imported. For example, your country might have restrictions on foods, plants, clothing, or even books that might result in the seizure and destruction of the imported item. Please also review our page on Importation of goods into the United Kingdom or Ireland.
Finally…
We encourage all sellers and buyers to comply with all governmental laws and regulations, both domestic and abroad. Since the import and export of items are highly regulated by law or may cause harm to BAR Global or our members, members should educate themselves on the laws governing the import and export of items prior to listing those items.
Important: This information is not intended to be legal advice. If you have any doubts about whether an item can be sold on BAR Global, we encourage you to consult a lawyer.
Firearms, weapons, and knives policy
Briefly…
Most weapons can’t be sold on BAR Global due to national and international laws, so our policies reflect this. Bear in mind that to safeguard the community, we may also ban other related items that are legal to sell outside of BAR Global.
Please see the section below for a comprehensive list of what is and isn’t allowed.
Make sure your listings and products follow our guidelines. If they don’t, they may be removed, and your buying and selling privileges could be restricted.
Ammunition
Live ammunition and ammunition components can’t be listed. See the list below for details.
Allowed
- Plastic, rubber and wooden ammunition
- Snap caps
- Ammunition for airsoft guns
- Safety bullets
Allowed in some situations
- Empty ammunition boxes. The listing and product needs to say the item doesn’t contain ammunition
- Converted brass (also known as trench art). The item has to show that it’s been converted and that it can’t be converted back into a usable casing
Not allowed
Items that are not allowed include but are not limited to:
- Blank, dummy, live or inert ammunition
- Bullets, buck shot or lead shot
- Components of ammunition such as cartridges, casings, shells, or hulls
- Gunpowder or primers
- Reloading equipment, including items such as dies and moulds
BB guns, pellet guns and air rifles
We don’t allow listings or products for Airsoft guns, BB guns, pellet guns, or air rifles because they generally shoot a projectile.
Allowed in some situations
- Accessories can be listed as long as they do not show the picture of the firearm itself
Not allowed
- Air rifles, air guns or air pistols
- Airsoft rifles or Airsoft guns
- Any frame or receiver for a BB gun or air rifle
- BB guns
- Pellet guns
Explosives, grenades and military items
We do not permit the sale of weapons issued and formerly used by the military as we cannot confirm that the item has effectively and permanently altered for lawful and safe transport and sale.
We also don’t allow items specifically intended for a military application which neither have predominant civil applications nor performance equivalent to those of an article or service used for civil applications.
Not allowed
- Ordnance, military weaponry (such as grenades and landmines), ammunition and related parts, and most military vehicles including aircraft and ships, even if it has been made ‘unserviceable’ or has been ‘de-militarised’ or ‘de-milled’
- Articles or services specifically designed, developed, configured, adapted or modified for a military application.
Examples of items not allowed on BAR Global include night vision goggles, body armour, technical data manuals, gas masks, and protective clothing which have significant military or intelligence applicability.
- Military items listed by the International Traffic in Arms Regulations (ITAR):
- US federal laws and regulations strictly control the import and the export of certain military items and information manufactured and developed in the United States, whether or not the buyer or seller are located in the United States. In addition to prohibiting the listing of military ordnance and other weapons and equipment listed, sellers are not allowed to list any items or information covered by Part 121 of the International Traffic in Arms Regulations (ITAR), also known as the United States Munitions List. We advise sellers to review ITAR Part 121. If the item you want to list is included on the United States Munitions List, it isn’t allowed on BAR Global.
- The sale of any information, technical data, instruction manuals, or any other military data covered by ITAR Part 121 in any format is strictly prohibited
- Metal replica hand grenades
- Atom or nuclear weapons
- Explosives
- Missiles and rockets or launchers
Firearms
Actual firearms can’t be listed on BAR Global. However, some accessories for firearms are okay to sell, but only under certain conditions as detailed in our Firearm parts and accessories section. See the list below for more details.
Allowed in some situations
- Signal and toy cannons unless they can shoot an object
Not allowed
- Firearms regardless of their ability to fire, how old they are, or their status as collectables
- Firearms include all component parts of a firearm, sporting, collectable, curio & relic, signalling pistols, and antique firearms
- Any item that is designed to discharge any shot, bullet or other missile
- Starter or blank guns
- Cannons
- Zip guns
- Pin fire guns
Firearm parts and accessories
Actual firearms can’t be listed on BAR Global. However, some accessories for firearms are okay to sell, but only under certain conditions. See the list below for more details.
Allowed
- Bulletproof vests/ flak jackets
- Magazine holders, moon clips, speed loaders or stripper clips
Allowed in some situations
- Accessories for guns such as butt plates, cleaning supplies, holsters, pistol grips, racks, scopes, slings, stocks, storage cases or trigger guards. The listing and product must include a description of the type of firearm the accessory or part is used for. If it doesn’t, the listing may be removed
- Muzzle loader or black powder gun parts or accessories, as long as each item is offered in one listing at a time. (However, having separate listings for items that can be used to build a gun is prohibited.)
Not allowed
Items that are not allowed include, but are not limited to:
- Parts or accessories for assault weapons. Listings or products that mention capability with an assault weapon, even if the part or accessory fits non-assault weapons, are also prohibited
- Any listing or product for a firearm accessory which contains a picture of the firearm itself
- Converters (items that can be used to give a firearm automatic firing capability)
- Any part that is required for a gun to fire, including, but not limited to:
- Barrels
- Choke tubes
- Cylinders
- Firing pins
- Frames, including grip frames
- Magazines, regardless of capacity
- Receivers, including parts, upper or lower, cut, or 80 per cent receivers
- Slides
- Trigger assemblies
- Firearm kits that are used to create a firearm
- Flash suppressors
- Reloading presses and equipment
- Sears
- Silencers
Hand weapons
Some hand-to-hand combat weapons and martial arts weapons can’t be listed. See the list below, as well as the knives section, for more details.
Allowed
- Instruction or training manuals on how to use hand weapons
- Wii Nunchuk controllers for the Nintendo Wii
Allowed in some situations
- Training or practice batons, night sticks, nunchakus, or tonfas that are made of rubber foam, dense foam, or foam with plastic interior tubes – you have to specify this detail in your listing and product. However, weapons that are foam padded with a metal interior aren’t allowed
Not allowed
Items that are not allowed include, but are not limited to:
- Any offensive weapon as defined by Section 141 of the Criminal Justice Act 1988 (UK) or the Firearms and Offensive Weapons Act 1990 (Ireland) as these statutes may be amended from time to time
- Swords
- Handclaws, footclaws, throwing stars, shurikens, sandclubs, sandbags, slungshots, saps and blackjacks
- “Kusari gama”, “kyoketsu shoge”, “manrikigusari” or “kusari” (lengths of rope, cord, wire or chain fastened at one end to either a sickle, hooked knife, hard weight or hand grip)
- Leaded canes, staffs, crutches or sticks
- Nightsticks, billy clubs, truncheons, tonfas, batons, police riot batons and similar items, regardless of age
- Nunchaku (also called nunchucks or numchuks), coshes, shurikens, naruto and hollow kubutans
- Plastic, brass or other metal knuckledusters
Knives
Knives are not permitted for sale on BAR Global with limited exceptions outlined below.
When listing knives on BAR Global, members should be aware that it is an offence to market a knife in a way which indicates or suggests that it is suitable for combat, or is likely to encourage violent behaviour involving the use of the knife as a weapon. It is also an offence to sell knives to a person who is under the age of 18.
Allowed
- Dining cutlery sets that include knives used for eating
- Letter openers
- Razor blades and surgical blades
- Tools such as chisels, axes, saws and hoof trimming tools
Not allowed
Items that are not allowed include and are not limited to:
- Disguised knives such as belt buckle knives, lipstick case knives, air gauge knives and writing pen knives
- Martial arts blunt training knives
- Multi-tool knives and craft knives
- Pocket knives, folding knives and clasp knives
- Push daggers
- Sharp kitchen knives (as in pair blocks), cake knives, carving knives, pairing knives, oyster knives and electric knives
- Stealth, throwing, ballistic, grivory and rubber knives, Swiss Army knives, Stanley knives and Leathermans
- Zombie knives, switchblades, spring-blade knives, snap-blade knives, gravity knives, stiletto knives and butterfly knives
Other weapons
Allowed
- Bows and arrows
- Non-pneumatic spear guns
Not allowed
- Blow guns and blowpipes
- Crossbows
- Dart guns
- Disguised stun guns
- Flares, flare guns, flare launchers or receivers for flare guns
- High voltage electric stunning devices
- Potato guns such as bazookas, cannons, or launchers
- Pneumatic spear guns
- Replica Tasers
- Shockers and shock guns
- Stun guns
- Weapons which discharge noxious liquids or gases such as tear gas or pepper spray dispenser
Airsoft, replica or other imitation firearms
Allowed
Replica firearms look very similar to real guns. Replica or imitation firearms cannot be listed.
- Miniature firearms for action figures
- Toy guns that clearly look like a toy
Allowed in some situations
- Miniature Gun lighters, unless they appear to be full size
- Parts and accessories for airsoft weapons can be listed as long as they are not classified as an assault weapon, that including similar name
Not allowed
- Airsoft rifles or Airsoft guns
- Paintball guns
- Paintball cannons
- Any listing for a firearm accessory which contains a picture of the firearm itself
- Realistic cap guns
- Replica firearms
- Replica Blaster Kits
Finally…
For safety concerns and in order to follow laws and regulations, we restrict the kinds of weapons and accessories that can be sold on BAR Global. Be sure to follow all laws and regulations—as well as BAR Global policies—before buying or selling these items.
