GUIDE TO THE RSPONSIBLE DISTANCE SELLING OF LIVESTOCK

Transcription

1 ORNAMENTAL AQUATIC TRADE ASSOCIATION LTD The vice f the rnamental fish industry Wessex Huse, 40 Statin Rad, Westbury, Wiltshire, BA13 3JN, UK Telephne:+44(0) Fax:+44(0) inf@rnamentalfish.rg August 2016 GUIDE TO THE RSPONSIBLE DISTANCE SELLING OF LIVESTOCK 1. OATA s psitin 2. The Law n Distance Selling 3. Guidelines and Best Practice 3.1. Marketing livestck 3.2. Making Payment 3.3. Packing and Shipping 3.4. Labelling 4. Receipt f livestck 5. Guarantees and After Sales Service 5.1. Guarantees 5.2. After Sales Service 1. OATA s psitin In the interest f minimising transprtatin stress t aquatic livestck and maximising the enjyment f the fishkeeping hbby, OATA highly recmmends that custmers nrmally visit a lcal aquatic specialist retailer t buy fish, t ensure they receive the best advice and infrmatin regarding livestck purchases, cmpatibility and all-rund husbandry. If, hwever, cnsumers prefer t purchase livestck nline, OATA recmmends these guidelines are fllwed t help ensure livestck is suitable fr the intended aquarium they are purchased fr, prtect animal welfare during transprtatin and ensure the rules f the law n distance selling are fllwed. The rules n animal welfare in transprt als apply t anyne selling fish, whether a licensed retailer r a private individual. 2. The Law n Distance Selling This sectin aims t help retailers t understand their respnsibilities but it is by n means a cmprehensive utline and retailers shuld familiarise themselves with fficial advice which can be fund here Yu must prvide certain infrmatin fr yur custmers if yu sell gds nline, thrugh digital TV, by mail-rder r by phne, text message r fax. All distance sellers must fllw certain rules befre and after an rder is placed.

2 Befre an rder is placed Yu must display infrmatin such as: yur business name and cntact details a descriptin f yur gds r services the price, including all taxes shw accepted methds f hw a custmer can make payment delivery arrangements, csts and hw lng gds will take t arrive the minimum length f their cntract cnditins fr terminating cntracts infrmatin abut the custmer s right t cancel within 14 days Yu must tell the custmer if they will be respnsible fr paying fr the return f gds if they cancel. If yu dn t, they re nt liable fr the csts. After an rder is placed Yu must get in tuch with yur custmer in writing after an rder is placed and befre the gds r services have been delivered. Yu must tell them: details f what they have purchased the ttal cst arrangements fr delivery the minimum duratin f any cntract and arrangements fr terminating the cntract hw and when they can cancel an rder and wh pays fr returning gds an address where cmplaints can be sent any guarantees r after-sales services yu ffer cnditins fr terminating cntracts any helpline call charges that are mre than calling an 01, 02 r 03 number, r a mbile r free number Cnsumer Rights Act 2016 All businesses that supply gds, including nline and distance sellers, must fllw the Cnsumer Rights Act. Find mre infrmatin here As well as the general rules fr distance selling, there are sme extra rules fr selling nline which can be fund here Yu must: list the steps invlved in a custmer placing an rder acknwledge receipt f any rders electrnically as sn as pssible take reasnable steps t allw custmers t crrect any errrs in their rder let custmers knw what languages are available t them make sure custmers can stre and reprduce yur terms and cnditins, ie these can be dwnladed and printed ff give yur address give yur VAT number (if yur business is registered fr VAT) give clear prices and delivery csts fr yur prducts

3 Yu culd be classed as a trader if yu sell gds r services. If yu re trading, yu re selfemplyed. Find mre infrmatin here Advertising Yu must als make sure yur website and advertising cmplies with the law. Find helpful advice abut this n the Cmmittees f Advertising Practice website 3. Retailer guidelines The sectin abve utlines what the law is n distance selling while this sectin gives additinal guidance frm OATA fr retailers t fllw in relatin t selling live fish nline. 3.1 Marketing Livestck Retailers must make ptential cnsumers aware f the transfer f legal respnsibility f animal welfare and it is the purchasers respnsibility t receive the package at the agreed address. Befre selling the fish, OATA believes it shuld be cnsidered best practise by the nline seller that they can demnstrate they have crrespnded with the buyer t satisfy themselves abut the set-up int which the fish etc will be intrduced and that it will nt cmprmise the health f the fish. Phtgraphs f animal available fr sale shuld be displayed in accrdance with the Pet Advertising Advisry Grup (PAAG). Wherever pssible this shuld be the fish yu are selling. Find mre infrmatin n PAAG here Yu shuld als include a descriptin f the animal: current size (cm), ptential adult size cmmn name scientific name cmpatibility (shaling/cmmunity/scialability/incmpatibility) water parameters: fr freshwater: ph, temp, NH 3/4, NO 2, NO 3 & fr marine: salinity. minimum vlume/aquarium size diet rigin general recmmendatins guarantee price 3.2 Making Payment Make the cnsumer aware f the legal implicatins f purchasing livestck. Ensure it is clearly visible that, nce live animals as rdered have been dispatched, livestck may be classed as liable t deterirate r expire rapidly" and therefre rders cannt be cancelled and livestck may nt rdinarily be returned. The cnsumer shuld be made aware f the reasns why this is the case -the reasns may include bisecurity issues f returning stck if mixed with there wn fish, impact f water quality in the wners aquarium r pnd etc. Once the rder is placed prvide written cnfirmatin f receipt f rder, dispatch date, estimated delivery date and time. Cnfirm the custmer understands:

4 The aquarium fr which they are purchasing the livestck cntains a mature bilgical envirnment and meets the requirements as stated in the fish s descriptin. They are aged 16 years r ver. Accept legal respnsibility f livestck. They MUST be in t accept delivery at the estimated delivery date and time. 3.3 Packing and shipping: Livestck must be packed in an apprpriate manner fr shipping. The minimum standards are: Livestck shuld be inspected prir t packing t ensure they are in a healthy cnditin and fit fr sale, shwing nrmal behaviural signs, cluratin and feeding patterns. Prir t shipping, feeding shuld be withdrawn as apprpriate. Animals shuld be packed in duble-skinned ply bags. Bags shuld be inflated with sufficient xygen cntent t supprt the relevant species fr the shipping duratin. Water quality affects the cnditin f livestck; if apprpriate cnsider use f Carbn r Zelite t reduce water deteriratin during shipment. Thermal regulatrs shuld be used t cntrl temperate cnditins when apprpriate (heat/ice packs). Apprpriate packaging shuld be used t ensure thermal regulatin and light cnditins. T prevent leakages damaging packaging and lgistical equipment, an inner plastic sleeve shuld be emplyed where pssible. Apprpriate care-sheets shuld be prvided, including unpacking and acclimatisatin infrmatin. Yu can find care-sheets fr a wide variety f fish here T ship livestck yu re legally bliged t use a curier registered by DEFRA fr the EU regulatins n the welfare f animals in transprt. The earliest practical next day service shuld be utilised. Fish must NEVER be sent thrugh Ryal Mail. OATA als cnsiders that invertebrates and crals shuld als nt be sent by Ryal Mail because f ptential welfare issues. Yu can find mre infrmatin n OATA s transprt cde here Labelling: Outer bx shuld be clearly labelled with: Recipient s address and cntact numbers Sender s address and cntact numbers Rush - Cntains Live Fish Fragile and This way up Surcing infrmatin/cuntry f rigin Package must be signed fr an adult aged 16+ Packaging warning (chking, heat, ice) Time f packing 4. Receipt f livestck It shuld be made clear t buyers that they MUST be in t sign fr the delivery. Once pened, clear instructins shuld be prvided t ensure prmpt attentin f release f animals int a stable aquarium envirnment, ensuring switching ff aquarium lighting, crrect acclimatin prcess is fllwed and regular visual checks are undertaken fr the first 24 hurs.

5 5. Guarantee and After Sales Service 5.1 If yu ffer a guarantee with delivered fish, it shuld be made clear the perid f guarantee, expectatins and perid f ntificatin required t make a guarantee claim. 5.2 OATA wuld recmmend a retailer trading livestck nline has an after sales helpline, where custmers can cntact yur business fr further infrmatin r help n their recently purchased animals. If the after sales service helpline incurs any additinal charges greater than the cst f calling a 01, 02, 03 number then yu must clearly indicate the cst f calling. All OATA members sign up t abide by ur Cde f Cnduct. Find ut mre abut this here FINAL.pdf