When buying toys, or any other goods, you should familiarise yourself with your rights as a consumer if the toys do not your needs or you feel that they are defective. Toy safety regulations and consumer law in the UK provide excellent protection for you.
Toy regulations in the UK are governed by EN71, the European standard that governs all toys sold in the UK and within the European Union. These toy safety standards became law in the UK on January 1, 1990 following the publication the previous year of the Toy (Safety) Regulations, and were updated in 1995.
These regulations ensure that all toys sold in the UK meet certain minimum safety standards. However, you should also be aware that you are protected by UK consumer law.
The Trading Standards Institute provides help, protection and advice for consumers when it comes to buying any goods. As a general rule, UK consumer law states that any product you buy should be of satisfactory quality, fit for the purpose and be as described in advertising or on the packaging.
If you have problems with any toys you purchase here are some steps you should take:
* Stop using the toys immediately and locate proof of purchase, usually a receipt.
* Take your receipt and the toy to the seller and ask for a replacement, repair or refund. If there is clearly a problem with the toy one of these solutions should be offered with little quibble.
* If the issue is not resolved at this stage you will have to take it further. Your local Trading Standards Service should be able to give you advice and help you draft a letter of complaint to the seller.
* If the seller makes a new offer you can choose to accept it or reject it. If you reject the offer, or no offer was made, you can consider legal action. However, this should only be done as a last resort.
Defective and unsafe children's toys
If you own a toy that has caused injury or if you think it is in breach of toy safety regulations then this is a much more serious matter. In this case, the manufacturer or importer may have committed a criminal offense so you should contact your local Trading Standards Service immediately.
Trading standards departments of local authorities in England, Scotland and Wales and Environmental Health Departments of District Councils in Northern Ireland, are responsible for day-to-day enforcement of toy safety regulations and will need to be informed.
Toy recalls
All parents should keep an ear to the ground for toy recalls. The Trading Standards Institute website provides up to date information on all toy recalls in the UK. You should regularly check this information at the Trading Standards website.
If you think a toy in your child's toy box may have been subject to a recall you should remove it immediately and keep it out of the reach of all children. Toy companies will usually offer vouchers or other exchange systems so you can replace the toy with a safe version.
Advice for businesses - UK Toy Safety Regulations [http://www.monkeyshine.co.uk/pages/toy-safety-in-uk-pv-c0-11.html]
As well as protecting consumers, the Trading Standards Institute provides detailed guidance for toy sellers. It is the seller's responsibility to ensure that all toys are correctly labeled and are safe. Failure to do so could result in fines up to £5,000 and six months' imprisonment.
All new toys must must bear the CE marking and the name and address of the manufacturer or importer. These must appear clearly on the toy or its packaging. In smaller toys it can appear on an attached label, an accompanying leaflet, or a display box.
Age warnings are a very important part of toy safety and the toy regulations impose strict guidelines on these. The most obvious are warnings on toys when they are not suitable for children under the age of three.
There are also a number of other warnings that apply certain other types of toys. For example, outdoor toys such as swings and slides must provide instructions for maintenance and assembly, while toys for the use in water should state that they must be used under adult supervision.
In general, it falls to trading standards departments to make sure that toy sellers comply with regulations. Enforcement measures can include:
* buying test toys;
* entering a premises at any reasonable time;
* ordering sellers not to sell toys that are considered to be unsafe;
* seeking information;
* prosecuting offenders in a magistrates' court.
Enforcement procedures are not only limited to toy shops. Toys can be examined at any point in the supply chain and can be held at ports of entry to the UK for up to three days if required.
Thankfully, the vast majority of children's toy suppliers and sellers in the UK are reputable and the need for prosecution is not very common. However, authorities and consumers must remain vigilant when it comes to toy safety, and the Trading Standards Institute plays a big role in this.