Product Instructions and Guidance.

[Jaimeweb]

Hi,
After some advice...

If I sell children's home use toys that are for ages 3+ and only for home use...not to be used as a rental or commercial use...
If this is shown on the website, on the product page, on the instruction manuals and in the T&C's on website....and then someone purchases, and then uses the toy for ages below 3, or uses as a rental or part of their business, who is at fault?

Surely the retailer/manufacturer can't be expected to hold the hand of the purchaser.

 

[IanSuth]

Toys (Safety) Regulations 2011: Great Britain

www.gov.uk

If you are complying with all of that then i would think you are safe - what does your insurer say (their legal helpline will likely be a great first point of call as it is in their interest to ensure you are compliant)

 

[Jaimeweb]

Yes. I will call them.

For example, we had a customer contact us specifically say they are buying as part of their business or for under 3 year old. We advised that its not for commercial use and about the age range, but they still wanted to buy....
I have no idea whether to reject the order or allow them to order as anyone else...

I guess I can relate to this somewhat in the sense that I have 100% purchased a toy in the past for my children that might not be advertised as their age range....but who's in the wrong. The customer or the retailer...

 

[MOIC]

Firstly, I would reject the order, knowing the reason for his purchase.

but who's in the wrong. The customer or the retailer...

Both of you if he has told you how he will be using the toy.

You should have CLEAR age restrictions, the reasons why and that any misuse will not be covered by product or public liability. This should also be in LARGE text of the instruction sheet, or interior packaging that the customer has to remove in order to open the toy. However, your insurance company will give better advice, from a legal stand point to cover their insurance requirements. They may use (that old chestnut) factory recourse . . . .

Out of curiosity, if a home user uses the toy and becomes faulty and causes injury and the first time it's used for commercial use, the toy becomes faulty and causes injury - is there a difference?

In this case your moral duty trumps your legal obligation IMHO.

 

[WaveJumper]

No but, having been behind the scenes (in my previous life) of many a large toy retailer I was always amazed at the amount of returns they get. My advice would be you can put as much as you like in the terms and conditions but you would be wise to 'price in' the fact that your going to get toys sent back for all sorts of reasons whether this be they are broken, not what they wanted etc etc easy perhaps if your a unit on the high street and have not got to also considor postage costs.

 

[Frank the Insurance guy]

Yes. I will call them.

For example, we had a customer contact us specifically say they are buying as part of their business or for under 3 year old. We advised that its not for commercial use and about the age range, but they still wanted to buy....
I have no idea whether to reject the order or allow them to order as anyone else...

I guess I can relate to this somewhat in the sense that I have 100% purchased a toy in the past for my children that might not be advertised as their age range....but who's in the wrong. The customer or the retailer...

As @MOIC says, you should reject the order.

As you are fully aware it it for commercial use and possible also for under 3 year olds, I suspect they could hold you liable if something happened, on the basis that you were aware and still sold the products to them.

As advised above, if your insurance includes a legal helpline number - call them and they will give you some legal advice.