‘Make sure contract terms are legal’ GGF warns industry

GGF warns glass & glazing industry: ‘Make sure contract terms are legal’

Last June the Consumer Rights Directive was implemented in the UK via the Consumer Contracts Regulations, which meant that all companies who deal with consumers needed to change their contract terms and conditions.

The GGF has learned of cases where companies have continued with their existing contracts giving a 7 days cooling-off period, however taking this action is likely to result in a consumer being entitled to a very long 14 days cooling-off period from the date of delivery, because the company has not informed them as to their rights under the Consumer Contracts Regulations (CCRs). The CCRs mean companies must inform consumers of their rights as to their cooling-off period relative to the CCRs, which can be zero days on made-to-measure windows made to the consumer’s specific requirements and personal choices. 

Help with the legislation

This is a complicated subject which the GGF has found that even many Trading Standards Officers are struggling to understand. To help companies cope with this legislation the GGF has published revised Model Terms and Conditions of Contract, plus Guidance on implementation of the EU Consumer Rights Directive for both GGF Members (free of charge) and non-members. These two documents are available to non-members for just £75. If you wish to purchase please email your details to [email protected].

Consumer Contracts Regulations (CCRS)

Brian Smith, GGF Home Improvement Director:  “The CCRS were implemented in the UK on the 13^th June 2014. We would stress that this is entirely separate legislation from the Consumer Rights Bill which is now due to be implemented in October 2015. In the meantime, I would urge all companies who have not changed their contracts in line with the Consumer Rights Directive, to do so as soon as possible”

The main issues of the CCRs are:-

• The cooling-off period for goods and services sold by distance or by off-premises selling has been harmonised across the EU to 14 days from date of delivery of the products
• There are some important exemptions, one of which is for products “made to the consumer’s specification” – this will include such products as made-to-measure windows made to a consumer’s specific requirements; another is for urgent repairs and maintenance when a consumer invites a trader to their home
• There is a now a very long list of pre-contract information which must be provided to consumers before a contract is made, including advising cancellation rights and if a trader belongs to a code of conduct, for example the GGF Consumer Code of Good Practice. Failure to provide certain items will give a consumer a cooling-off period of up to 379 days, and the trader would be liable to a fine of up to £5,000

GGF Members voted to retain the previous legal requirement of a 7 days cooling-off period from date of contract in the GGF Consumer Code of Good Practice in addition to the requirements of the new legislation.

All of the information you need:

• GGF’s Guidance to the CCRs for the home improvement sector
• GGF’s Model Terms and Conditions of contract.

The Model Terms for non-members gives companies the option of giving zero cooling-off period for made-to-measure products, or giving 7 days to go beyond the law as do GGF Members.

The GGF keeps its Members well informed months ahead of any planned changes in Consumer Legislation as a vital Membership benefit.  If you are interested in joining the GGF please email [email protected] or complete the ‘Join the GGF’ section of the website

Contact:

Glass and Glazing Federation
40 Rushworth Street
London
SE1 0RB
LONDON

t: 0207 939 9101

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