Disputes, which remain unresolved after one month from first being brought to the attention of the member, shall, if the consumer agrees, be submitted for resolution by an appointed officer of the Trading Standards Service.
The process of dispute resolution will not exceed one month from the date of notification to Trading Standards.
Before lodging a request for resolution the parties shall first endeavour to reach an amicable settlement. If they are unable to do so either party may notify the Trading Standards Service. The request shall set out succinctly the details of the complaint and shall be accompanied by a copy of the sales invoice, copies of any correspondence and any other documents, which are considered relevant.
Trading Standards shall conduct the process as they think fit guided by the principles of impartiality. In particular they may, at their sole discretion:-
at any time during the process, request a party to submit to the officer such additional information as is deemed necessary
- hold discussions with either or both parties separately or together. When the officer decides that no further progress can be made, a recommendation will be made to the parties
Every person who is involved in the resolution procedure, in whatever capacity, shall respect the confidential nature of the process. Nothing in this scheme shall preclude either party from seeking redress through legal action in the Civil Courts.
The following must apply to any advertisements:
- members will have the right to use the partnership logo on business documents and short term promotional advertising material
- all advertising shall be truthful, clear and shall not mislead
- credit advertising shall comply with appropriate legal requirements
- vehicle pricing shall be such that purchasers are fully aware of the total price to pay (and in the case of new vehicles, the on the road price) prior to purchase
- all prices shall include the current rate of VAT
- all vehicle brochures must be current and accurate
Any contracts used by members must reflect the following:
- all contract terms must be fair, clear and legible, and must comply with all appropriate legislation
- guarantees or warranties are in addition to the customer’s statutory rights
- the sale transaction must include a written contract, agreed and signed by both parties
- additions to the main contract, such as extended warranties/insurances shall be itemised separately
Retail sales will be subject to the following:
- any potential purchaser shall be fully informed of the total price for the vehicle including, where appropriate, the value of any trade-in
- sales staff will make customers aware of their rights and responsibilities in relation to their chosen method of payment
- any significant alterations to the contract shall be communicated in writing to the customer as soon as possible, and the customer shall have the right to penalty-free withdrawal
In applying for membership you agree to indemnify the South Yorkshire Authorities, their elected members, officers and agents in respect of any costs, claims, proceedings or actions that may arise by virtue of the fact that your business has received approval under this scheme.
A register of members will be publicised and made available to the public and media on request.
If a member leaves the scheme, or has membership revoked, then all membership benefits cease immediately. The right to use any logos will cease and all business documents and advertisements must be amended at the earliest opportunity, where appropriate within 14 days.
Any business refused membership will be informed in writing of the reasons for the decision and what corrective measures need to be put in place to attain membership.
Membership can be revoked if the Member fails to meet any of the terms and conditions of membership.
Membership of the Partnership is conditional upon the payment of an annual fee which is non-refundable.
Each Member must keep a copy of the Terms and Conditions of the Partnership readily available should customers request it.
Members must, where relevant, take all reasonable steps to ensure compliance with the following criminal legislation:
|Business Names Act 1985||Fair Trading Act 1973|
|Companies Act 1985||Prices Act 1974|
|Consumer Credit Act 1974||Road Traffic Act 1988|
|Consumer Protection Act 1987||Consumer Protection from Unfair Trading Regulation 2008|
|Energy Act 1976||Any other relevant legislation|
Members must also demonstrate awareness, and an acceptance, of their responsibilities under the following legislation:
- Sale and Supply of Goods to Consumers Regulations 2002
- Distance Selling Regulations 2000
- Sale of Goods Act 1979
- Sale and Supply of Goods Act 1994
- Supply of Goods and Services Act 1982
- Supply of Goods (Implied Terms) Act 1973
- Unfair Contract Terms Act 1977
- Unfair Terms in Consumer Contracts Regulations 1994
- Company Directors Disqualification Act 1986
- Consumer Rights Act 2015
Any other relevant legislation.