| 1 | General Administration of the Scheme |
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| 1.1 |
The Trading Standards Service will manage and administer the Scheme.
As such the Service reserves the right to alter or amend the Terms and Conditions at their discretion.
This may be in response to the introduction of new legislation, publication of codes of practice,
developments in industry best practice or for other reasons. Any changes will be notified to members
as soon as is reasonably practicable. Failure of a member to comply with any new terms and conditions
may result in revocation of membership. |
| 1.2 |
Membership is only available to businesses that carry out a significant proportion of their business
within the geographical boundaries of the local Scheme operator. |
| 1.3 |
Members will have the option of withdrawing from the Scheme at any time by giving written notice to
the Scheme operator. Entitlement to refunds of any fees paid will be considered on an individual basis. |
| 1.4 |
Membership of the Scheme requires businesses to adhere to the Terms and Conditions of the Scheme.
Prior to becoming a member, applicants will be asked to confirm they have read and fully understood the terms
and conditions. Applicants should make sure the scheme administrators are kept up to date with any relevant
changes in their circumstances. Applicants and members are asked to note that claiming membership of approval
schemes such as Buy With Confidence without complying with the terms of approval constitutes a criminal offence
under the Consumer Protection from Unfair Trading Regulations 2008. |
| 2 | Approval and Monitoring |
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| 2.1 |
Approval: An application for approval must be made on the appropriate form which will be acknowledged
within 7 working days of receipt. In deciding whether you are suitable for membership of
the Scheme we will take into consideration criteria which includes the following.
| 2.1.1 |
An initial audit of each applicant premise to monitor compliance with trading standards legislation
and the Terms and Conditions of the Scheme. This may include inspection of relevant business documents,
products, procedures, etc. You agree to the audit and inspection and will co-operate with the inspecting
officer in providing access to all relevant records and processes. |
| 2.1.2 |
An assessment of previous complaints made to the Trading Standards Service. This may involve seeking
further information from any complainants concerned. |
| 2.1.3 |
The collection of references from a number of customers randomly selected by the auditing officer.
In some limited circumstances where the collection of customer references is problematic (for example
small retail outlets) this requirement may be waived. |
| 2.1.4 |
Where deemed appropriate we reserve the right to consult with any other regulatory agency or other
sources of information concerning your fitness to be a Scheme member. |
| 2.1.5 |
If you carry out work in or around domestic premises, or other high risk groups, you will be required
to supply a Criminal Records Bureau (CRB) Disclosure form in respect of every employee and unsupervised subcontractor
who does such work on your behalf. If you are unsure whom this requirement applies to, please see our Criminal
Records Disclosure guidance.
| 2.1.5.1 | If a CRB check reveals information irrelevant to the scheme, that information will be disregarded
and the application progressed. In the event of a dispute as to relevance the applicants "Buy With Confidence"
administering Authority's decision will be final. |
| 2.1.5.2 | CRB Checks must be done for all permanent staff who will be working in or around domestic premises.
This requirement also applies to unsupervised subcontractors. For new staff, a CRB application must be applied for within
four weeks of their commencing employment and the disclosure certificate supplied to your administering authority without delay. |
|
| 2.1.6 | If your application for membership is unsuccessful, you will be offered advice on and given
reasonable assistance with any further actions necessary to fulfil the Scheme's criteria. |
| 2.1.7 | If your application for membership is refused then you have a right to appeal. Further details
on these procedures can be found in the document Disciplinary and Appeals
Procedures. |
|
| 2.2 |
Monitoring: in assessing whether members remain suitable for membership of the Scheme, the Trading
Standards Service will use the following performance indicators.
| 2.2.1 |
Members will be re-audited on a regular basis, the frequency of which will be determined by a combination of factors
including (but not limited to) an initial risk assessment and complaint levels. Members agree to co-operate and provide
help and assistance to an officer during any re-audit and subsequently in connection with any other matter related to
their membership of the scheme. |
| 2.2.2 |
An assessment of any complaints made to the Trading Standards Service concerning the member.
This may involve seeking further information from complainants. |
| 2.2.3 | An assessment of any Feedback Forms received about a member. |
| 2.2.4 |
The Trading Standards Service reserves the right to carry out "Mystery Shopper" exercises for monitoring purposes. |
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| 3 | Fees |
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| 3.1 |
An annual fee may be payable in respect of each premise which is a member of the Scheme.
This will be determined from time to time by your scheme operator. The amount payable by each
member may vary according to the number of premises or personnel associated with the business. |
| 3.2 |
The Service may introduce or amend any fees or charges pertaining to the Scheme on giving
members three months written notice. Written notice shall, in this context, include publishing
upon any website dedicated to the Scheme. |
| 3.3 | Should the Scheme be suspended or terminated, appropriate proportional
reimbursement of membership fees will be made. No reimbursement will be made in respect of
advertising material or documentation. Further details can be found in the document
Logo and Promotional Wording - Terms of Use. |
| 4 | Annual Review and Report |
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| 4.1 |
The Trading Standards Service will carry out an annual review of the Scheme, which shall
include consultation with members and a summary of performance indicators. |
| 4.2 |
A Report of this Annual Review shall be published and made available, this may include
recommendations for amending the Code of Practice or any other aspect of the Scheme. |
| 4.3 |
The summary of performance indicators will be published on the Scheme web site. |
| 5 | Freedom of Information Act 2000 Disclosure of Information |
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| 5.1 |
You agree that where reasonable, information about the status of your membership
may be disclosed to interested parties including the general public. This information
may include (but is not limited to) details of compliments and/or complaints received.
All such information will be handled sensitively and consideration will be given to the
interests of the business as well as the integrity of the scheme. |
| 5.2 |
The scheme operator is required to comply with the requirements of the Freedom of
Information Act 2000 in relation to any information held by it. All such information held
in relation to individual members will be treated with discretion, however, an explanation
of the legislation and its implications can be found at The Information Commissioner's Office:
www.ico.gov.uk |
