1. Compliance with Distance Selling Regulations
One of the key requirements for sellers is set out in the European Distance Selling Regulations (sometimes called the DSRs for short) set out the legal requirements for selling online. As a Seller on Folksy you are legally bound by these regulations and form part of the legal rights on the consumer.
You need to provide:
- Delivery details. The standard postage terms for Folksy are 3 days. If your item is not able to be posted in 3 days then you must state when it will be posted – this should be in the item description. All items must be received by the buyer in under 30 days.
As a seller with us you agree to comply with relevant UK law by:
- Stating your business address (even if this is your home address). This information is provided in the email to the buyer so you should make sure you have added your address on your shop set up / edit screen (via your dashboard). The buyer has a legal right to this information and it is not optional. If you don’t provide it you are trading illegally.
- Cancellation of the transactions. The buyer must inform you if they wish to cancel the order and they must do this in writing (email is sufficient). Upon cancellation of the order you must provide a full refund of the cost of the item and any postage costs within thirty days. This does not apply to custom orders.
- Returns policy for goods that are not faulty. In using Folksy you agree that the buyer has a right to terminate the contract and return the item even if the item is not faulty in any way (this is the consumer’s right in UK law). They have the right to do this up to seven days after receipt of the items and a refund must be made within thirty days. The buyer pays for the cost of return postage. This does not apply to custom orders.
- Returns policy for faulty goods. The consumer has a right to return faulty goods up to six months after receipt of the goods. A refund to include the cost of return postage must be offered within thirty days of the customer requesting a refund.
- If the item is lost in transit then, unless you can prove otherwise, you assume the contract is terminated and you must provide a refund or deliver the same item.
- The Office of Fair Trading: Distance Selling Regulations
- DTI: A Guide for Business on Distance Selling (PDF)
The best source of advice is your local Trading Standards Service which can be contacted through the Trading Standards website.
2. Regulation around certain types of goods
All our sellers must comply with UK product legislation, including the following:
- The General Product Safety Regulations
- The Toy Safety Regulations
- The Cosmetic Products Safety Regulations
- The Furniture and Furnishings Fire Safety Regulations
- The Nickel in Jewellery Regulations
- The Food Imitation Safety Regulations
- The Food Hygiene Regulations
In all cases you should make sure your work complies with the above legislation. If in doubt contact your local trading standards office.
The most common queries we receive in relation to product legislation are:
- Cosmetics are defined as “any substance or preparation intended to be placed in contact with the various external parts of the human body with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, correcting body odours, protecting them, or keeping them in good condition” as stated in theThe Cosmetics Products (Safety) Regulations 2008 and it covers both bath bombs, scrubs and soaps that are allowed for sale through us.
- If you sell cosmetics you should contact your local trading standards office to find our how you can comply with the regulations (which covers use of different ingredients as well as labelling).
- A toy is “any product or material designed or clearly intended for use in play by a child of less than 14 years of age” as stated in The Toys (Safety) Regulations 1995. You should contact your local trading standards office to clarify what you need to do to comply with the regulations (there are a couple of different routes you can take both of which require certification).
- Toy Manufacturers and their responsibilities
- If you are planning to sell your homemade food, please contact your local Council for advice on the rules, as laws vary depending on where you live and how regularly you sell.
- If you intend to make an income from your homemade food, it is likely that you will need to register your kitchen with the local authority (this is free to do) and take a simple course in food hygiene.
- Food Standards Agency
- Food Hygiene – A Guide for Businesses