With the incoming Consumer Rights Directive coming into force on 13 June 2014, every company must change their contract of terms and conditions by 13 June 2014 and to help companies cope with the new legislation, the Glass and Glazing Federation (GGF) has published a revised set of model terms and conditions of contract, plus guidance on implementation of the EU Consumer Rights Directive for both GGF members and non-members.
The EU Consumer Rights Directive (CRD) is being implemented in the UK on the 13 June 2014. This is entirely separate legislation from the Consumer Rights Bill, which is now due to be implemented in Summer 2015.
The CRD is being implemented via legislation known as The Consumer Contracts (information, cancellation and additional charges) Regulations 2013.
Under the CRD, the cooling-off period for goods and services sold by distance or by off-premises selling will be harmonised across the EU to 14 days from date of delivery of the products. There are some exemptions – one of which is for products ‘made to the consumer’s specification’, which will include products such as made-to-measure windows. Another exemption is urgent repairs and maintenance when a consumer invites a trader to their home.
There is also a 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.
The GGF has advised its members of these upcoming changes for over a year now, following meetings with the Department of Business, Innovation and Skills (BIS) in 2012. GGF members have voted to retain the current seven-day cooling-off period from date of contract in the GGF Consumer Code of Good Practice, in addition to the requirements of the new legislation.
The GGF has produced a revised set of model terms and conditions of contract for its members and also produced guidance to the CRD specifically for the glazing, home improvement and renewable energy sector. These documents are now available via the member’s area of the GGF website to download free of charge.
The GGF has also produced a revised set of model terms and conditions for non-member companies, which reflect necessary changes due to the implementation of the Directive. These, along with the GGF’s guidance to the CRD, can be purchased by non-members at a cost of £75. Purchasers will also receive a voucher to the value of £75 if they decide to join the GGF before the end of June 2015.
To buy the model terms and GGF guidance on the CRD, please email modelcontract@ggf.org.uk with your details.
Brian Smith (pictured), GGF director of Home Improvement, will be presenting seminars about the Consumer Rights Directive and the upcoming Consumer Rights Bill at the FIT Show, on each day of the event (10-12 June) at 1.30pm. All companies are welcome to attend but must register via the FIT Show website at http://www.fitshow.co.uk/seminars
