Last Updated on 17/06/2024 by Samantha Lewis
Terms and conditions must not imply that consumers do not have rights beyond the end of any warranty/guarantee period. They must be appropriate for the type of business and customer mix and should be consistent across all forms of communication (hard copy, website, telephone).
If a product is built to a consumer’s specifications (i.e.in a way that is not achievable with accessories/modular components and where additional fabrication outside routine manufacture is required, or using materials supplied by the customer), they must be made aware that the product will be “bespoke.” Any changes this may cause to cancellation rights must be explained to them and must be notified in writing.
All verbal claims or promises made by the salesperson must be in writing, either on the contract, on a separate form, or by letter.
Pricing information showing the total price and providing a breakdown, where appropriate, of that total showing e.g. delivery, VAT, credit charges, discount applied, part exchange applied, must be given in writing. Prices must be made available to the customer at the earliest possible stage.
Details of any finance agreement and APR should be explained so that the customer understands how much they will be paying and what the terms of the contract are. Pre-contract information must be sent/presented on its own, allowing time for the consumer to pause and reflect on affordability and to compare credit, before being presented with the agreement to be signed.
Consumers must be given the option of paying for Payment Protection Insurance and other insurances up front, rather than these being offered automatically on credit. It must be made clear that customers have the right to cancel hire purchase and conditional sale agreements and only pay 50%. This does not extend to the insurance mentioned above.
Details of delivery, installation, training, after-sales support, service and warranty should be made available prior to sale.
Delivery and completion dates should be discussed with the customer in advance of ordering/making the purchase and a choice of delivery dates and times should be offered. For mail-order and Internet orders, normal delivery times should be indicated. Should it become clear these can not be met, the customer must be informed as soon as practicable, with an honest explanation of the reason for the delay. The customer should have the right to cancel without penalty if the order is not delivered within the stipulated time.
Where tuition is necessary for the safe use of a product, reasonable and fair tuition for its use under the conditions that the purchaser best describes as “normal” for his/her purposes must be offered prior to the conclusion of a sale. If such tuition is declined, a record must be made of that fact and the reasons given.
In particular tuition in the control of mobility vehicles should be given at the time of purchase and/or on delivery. Tuition levels will vary according to:
Tuition should follow a proper assessment of needs, wishes, abilities and disabilities to enable selection of the most suitable vehicle and specification for user and circumstances. A vehicle should only be sold if the member can realistically expect the user to develop satisfactory control. (A document outlining tuition requirements is available on request from BHTA, as is one which sets out what should be recorded when assessing competency to use a powerchair or mobility scooter.)
Linked Goods and Services
If the product will need servicing regularly, an explanation must be given as to what is entailed, and the likely costs thereof should be outlined. It should be clear whether maintenance is offered / available or will have to be obtained elsewhere.
Where appropriate, arrangements for insuring the product should be discussed, or leaflets regarding such insurance should be made available. If insurance is discussed, it must be clear that it is cancellable, the consumer must be given the option to pay for it upfront rather than as part of a credit agreement and it must be made clear to whom any refund will be paid in the event of cancellation.
Any optional guarantees / warranties must be explained, including who is offering them and what the benefits are, or leaflets that do this must be provided.
Clear, accurate information on the availability and price of all the above and any other linked goods and services must be provided in writing.
Instructions for Use / Manuals
Any instructions for use and manuals should be written in clear language, and those responsible for their production should be aware that versions in large print, or on audio tape, may be requested and this must be facilitated as swiftly as is practicable.
Such instructions/manual must be made available with all new products, and should, if feasible, be made available with second-hand products. The customer’s attention should be drawn to user manuals and they should be informed of the need to read them thoroughly.
Depending on the nature of the product, the instructions/manual should cover all or some of the following (this is not an exhaustive list):
Rental Products
Where product is rented, the terms and conditions of the rental must be clear and unambiguous, including responsibility for any damage to the product, insurance requirements, and, where appropriate, the responsibilities for decontamination / cleaning of the product, and packaging for return.