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BIS

ALL CONTRACTS MUST CHANGE BY 13th JUNE

With the incoming Consumer Rights Directive coming into force on 13th June 2014, every Company must change their contract of terms and conditions by 13th June 2014. To help companies cope with the new legislation the Glass and Glazing Federation (GGF) has now published revised 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 13th June 2014. This is entirely separate legislation from the Consumer Rights Bill which is now due to be implemented in Summer 2015.The Government signed up to the CRD over three years ago.

 

The Directive is being implemented via legislation known as The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The main issues are:-

 

  • 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 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 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 between the GGF with the Department of Business, Innovation and Skills (BIS) in 2012. GGF Members have voted to retain the current 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.

 

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 improvements and renewable energy sector. These documents are now available via the Members area of the GGF website for Members to download free of charge.

 

The GGF has also produced a revised set of Model Terms and Conditions for non-member companies which reflects changes necessary due to the implementation of the Directive. These Model Terms and the GGF’s Guidance to the CRD can be purchased by non-members at a combined cost of just £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.

 

If a company wishes to buy the Model Terms and GGF Guidance on the CRD, please email modelcontract@ggf.org.uk with your details.

 

If you are thinking of joining the GGF to keep ahead of the game regarding upcoming legislation and to benefit from over 50 membership benefits (including full and free access to all GGF publications) please email the GGF Membership department membership@ggf.org.uk or fill out our online enquiry form on the GGF website, www.ggf.org.uk/join. Annual membership starts from just £315 + VAT.

 

Brian Smith, GGF Director of Home Improvement, will be presenting about the Consumer Rights Directive and the upcoming Consumer Rights Bill at the FIT Show seminars, on each day of the show (10-12 June) at 1.30pm. All companies are welcome to attend but must register via the FIT Show website. Please visit book there place. http://www.fitshow.co.uk/seminars

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