OFT Code of Practice
Please read The Code of Practice below or Click Here to download it as a PDF.
(A) INTRODUCTION
1. The Carpet Foundation is the UK's lead body for the carpet industry and is the sponsor organisation for this Code of Practice. The Foundation is supported by the leading UK based carpet manufacturers who fund the organisation. The Foundation is a Company limited by guarantee founded in 1999 and its manufacturing members produce the majority of the carpet made in the UK.
2. The manufacturing members of the Carpet Foundation are the owners of the "Quality Mark" a visible mark of end-use suitability for carpet. This is based on a Suitability Evaluation Scheme which is independently monitored by the Textile Institute through objective random testing of carpet products. The system is based upon British and European product tests and ensures that claims about the end-use suitability of carpet can be validated. The Quality Mark is for the exclusive use of the manufacturing members of the Carpet Foundation.
3. The Carpet Foundation has over 1000 independent retailers in membership known as "Carpet Foundation Members" who part-fund the promotional activities undertaken by the organisation.
4. Carpet Foundation Member retailers must currently satisfy the following criteria for membership of the Carpet Foundation:-
- Membership of a recognised Buying Group.
- Non Buying Group members must have accounts with at least four Carpet Foundation carpet manufacturers or achieve a significant level of business with a lesser number.
- Bona-fide retailers with a showroom open to the public
- Use of the Carpet Council Guarantees and Code of Practice introduced in 1998.
- Commitment to the highest standards of retailing in terms of staff training, display, price transparencying, installation etc.
5. Consumer Research on purchasing experiences carried out in 2002 shows conclusively that independent retailers provide the consumer with the highest standards of customer care, impartial advice, installation and after sales service. By and large Carpet Foundation Members are widely acknowledged to be amongst the best independent carpet retailers in the UK.
6. In 1998 The Carpet Council Guarantees and Code of Practice was introduced by the British Carpet Manufacturers' Association. This was designed to regulate the procedures used by manufacturers and retailers for dealing with consumer complaints and to provide for extended guarantees. Although not a consumer code in the strictest sense its provisions have been used extensively and retailers claim high satisfaction levels. The relevant sections of this code are incorporated into this new consumer code.
7. The selection, purchase and installation of carpet is complicated and intrusive. It is essential that interaction with the consumer be handled in a highly professional manner which will meet the expectations of the consumer. Carpet Foundation Members are committed to consumer friendly policies; clear and transparent dealings and efficient complaints resolution to ensure that consumers achieve the highest levels of satisfaction.
8. None of the terms of the consumer code of practice shall affect the consumers' rights under the Sale of Goods legislation.
9. In producing the Code of Practice the Carpet Foundation has consulted with relevant consumer advisory bodies through the Office of Fair Trading.
10. Carpet Foundation Members recognise the importance of regular assessment of the effectiveness of their retailing standards through an objective monitoring system.
11. It should not be overlooked that consumers also have an important part to play in the purchase process through means of open and reasonable dealings with Carpet Foundation Members.
(B) THE OBJECTIVES OF THE CARPET FOUNDATION CONSUMER CODE
1. To ensure that Carpet Foundation Members provide outstanding levels of consumer service and as a consequence consumers return to Carpet Foundation Members for their next carpet purchase.
2. To recognise the importance of clear and unambiguous, high quality communications to consumers covering all the key aspects of carpet purchasing including the following:
- Impartial product selection and carpet maintenance advice
- Post manufacturing Pile treatments
- Terms of Business details
- Deposits and cancellation/protection rights
- Guarantees
- Installation standards
- Dispute resolution procedures
- After sales service
- Visibility of Carpet Foundation Quality Mark and Carpet Foundation Member logos etc, to ensure consumers are aware of the code.
3. To establish the Carpet Foundation Members as the exclusive users of the Code of Practice through consistent advertising, PR and high visibility signage and POSM.
4. To use the Office of Fair Trading consumer code of practice approval scheme (CCAS) to give the new code added credibility in the eyes of the consumer and a more disciplined approach to adherence from code users.
5. To promote a commitment to achieving the highest standards of retailing and continued improvement through the use of the Code of Practice by Carpet Foundation Members.
6. To provide more generous guarantees which, together with Conciliation and Independent Arbitration, should avoid the use of legal processes to resolve consumer complaints.
(C) SCOPE AND OWNERSHIP OF THE CONSUMER CODE OF PRACTICE
1. The Carpet Foundation is the sponsor of the new Consumer Code of Practice.
2. The code covers the relationship between Carpet Foundation Members and consumers, in respect of carpet sold, and sold and installed by Carpet Foundation Members to residential consumers. This does not cover the sale of rugs.
3. The code has been prepared for the exclusive use of Carpet Foundation Members during their membership of the Carpet Foundation. Carpet Foundation Members who leave the Carpet Foundation will no longer be able to use or promote the code.
4. For Carpet Foundation Members, compliance with the Code of Practice is mandatory for membership of the Carpet Foundation. Formal written evidence of support for the code by each Carpet Foundation Member will be held by the Carpet Foundation and displayed in each store.
5. Carpet Foundation Members will promote their membership of the national network through the use of highly visible signage and POSM.
6. Carpet Foundation Members will display proof of their membership of the Carpet Foundation and will have copies of the consumer Code of Practice available for those consumers who require it. POSM covering the key benefits to the consumer of the Code will be displayed in all the Carpet Foundation Members' premises. In the event that the code achieves stage two approval from the Office of Fair Trading all Carpet Foundation Members must comply with the terms of the licence which govern the use of the OFT logo.
7. Carpet Foundation Members will ensure that all their staff will be made fully aware of the requirements of the code and effectively trained in its use. This will include details of the legal responsibilities of retail staff.
8. Any sub-contractors used by Carpet Foundation Members will also be made aware of the relevant provisions of the Code.
(D) TERMS OF BUSINESS
1. All Carpet Foundation Members will have clear unambiguous terms of business which must be effectively communicated in writing to the consumer prior to making the purchase decision. These will be included in the quotation or made available as a separate document.
2. The written terms of business must include details on the following:
- Payment methods and timing
- Quotations
- Deposits and cancellation rights
- Deliveries and installation
- Guarantees
- Information on after sales advice
3. Carpet Foundation Members will not include any terms which may affect the consumer's' statutory rights under the Sale of Goods legislation.
4. The precise details in the terms of business may vary between Carpet Foundation Members but the overriding principle is that the consumer will be made aware of the terms prior to the purchase decision. The provisions of the Unfair Terms in Consumer Contracts Regulations will be followed in the terms of business used by Carpet Foundation Members.
5. Consumers will be advised that their purchase contract is between themselves and the Carpet Foundation Member (rather than the manufacturer/supplier). In cases where Independent Fitters are used and the consumer pays for their services direct, the contract will be with the Independent Fitter for the installation portion of the project.
(E) ADVERTISING
1. Carpet Foundation Members will not use any advertising which is ambiguous, misleading or untruthful and this applies to all aspects of the goods and services provided by the Carpet Foundation Members.
2. All advertising used by Carpet Foundation Members will comply with the standards set by the Advertising Standards Authority, the Independent Television Commission, the Radio Authority, the Committee of Advertising Practice and other relevant bodies. In addition such advertising will be subject to the provisions of all relevant legislation including the Control of Misleading Advertisements Regulations 1998 (as amended).
3. Advertising undertaken by Carpet Foundation Members will, wherever possible, include the Carpet Foundation Member logo and refer to their membership of the Carpet Foundation.
4. Carpet Foundation Member advertising will refer specifically to their adherence to the terms of this Code of Practice.
5. Carpet Foundation Members who use direct mail and consumer listings to promote their business will comply with current best practice and Data Protection Legislation.
(F) ADVICE TO CONSUMERS
1. Carpet Foundation Members will provide the consumer with clear and objective advice on a wide range of issues affecting the performance, suitability, selection and installation of carpet.
2. Consumers will also be referred to Carpet Foundation websites and brochures as a further source of impartial advice.
3. Consumers will be made aware of the special issues relating to potential pile reversal cases.
4. Carpet Foundation Members will not use high pressure selling techniques to sell products to consumers.
5. Throughout the long life of a carpet the consumer may have queries relating to cleaning, maintenance, product performance, installation etc which should be referred to the Carpet Foundation Member. These matters will be dealt with in a speedy, user friendly, efficient manner to ensure the best possible advice is given to the consumer without any charge.
6. Carpet Foundation Members with their long standing experience with vulnerable consumers will take all steps to ensure that key information is conveyed in a clear and concise way to minimise any difficulties they may have. Where necessary the advice of qualified helpers will be sought and extra effort will be undertaken to ensure all aspects of the purchase are carefully explained verbally to avoid the possibility of misunderstandings occurring.
(G) ESTIMATES AND QUOTATIONS
1. Carpet Foundation Members will provide "Estimates" of the approximate costs often based on the consumers own measurements. Such estimates should be taken as a guide only, to help with product selection before the provision of a more detailed "Written Quotation".
2. Carpet Foundation Members will provide clear written quotations with details of what is, and what is not included in the quotation. Where additional work is required eg., removal and trimming of doors, moving furniture, disconnecting sound systems etc., any additional charges incurred will be specified.
3. The removal and disposal of the old carpet and underlay, together with any waste, may be charged for separately where indicated and agreed with the consumer.
4. In order to carry out a detailed measure, the Carpet Foundation Member will visit the site for which a charge (normally offset against the purchase) may be made. Consumers will be advised of the importance of having the quotation based upon a professionally undertaken measurement of the site.
5. Undisclosed site conditions and special circumstances beyond the control of the Carpet Foundation Member arising during installation may result in additional work not foreseen in the original quotation which may have to be charged for. The consumer will be notified of such cases before the additional work proceeds. This would not include any extra work necessary as a result of the negligence of the installer.
6. Written quotations will specify the payment methods, deposits and payment timescales. The time limit for the quotation to remain valid (normally a minimum of 30 days without change) will be notified to the consumer. Carpet Foundation Members may impose a maximum period for the validity of the quotation. Any price increases imposed by the supplier will be notified to the consumer before the purchase is authorised. In cases where the price increase is not acceptable the consumer can terminate the contract and receive a refund of any deposit. Price increases will not be imposed by the Carpet Foundation Member after the contract is agreed.
7. Special offers and sale periods may prescribe prices which are only valid for a limited period.
8. Carpet Foundation Members are committed to a clear and open policy of pricing and ensuring that the consumer is fully aware of all aspects of the quotation to avoid any "surprises" when the final invoice is produced. Consumers are not expected to pay for additional items which have not been specifically agreed in the contract or by mutual agreement thereafter.
(H) DELIVERY AND INSTALLATION
1. Carpet Foundation Members acknowledge the importance o well organised delivery and installation arrangements. Every effort will be made to provide flexible installation dates and times to meet consumers' expectations. Any "critical deadlines" will be notified by the consumer to avoid misunderstandings.
2. Any delays in delivery and installation will be notified to the consumer as soon as possible. Where unreasonable delays occur the consumer may be offered alternative products.
3. In the case of unreasonable delays in delivery and installation the consumer may cancel the order and receive a full repayment of any deposit. In the event of a consumer cancelling an order in such circumstances the Carpet Foundation Members will not be liable for:-
(a) any losses which were not reasonably foreseeable by both parties
(b) losses which were not caused by any breach on the part of the Carpet Foundation Member (including any breach of the implied condition of satisfactory quality under section 14 (2) of SoGA)
(c) business losses and/or losses to non consumers
4. The Carpet Foundation Member will inform the consumer what needs to be done to prepare the site for installation eg., furniture removal, disconnecting sound systems, computers, TVs, door removal etc.
5. The Carpet Foundation Member will ensure that the installation is carried out by suitably qualified and experienced fitting personnel and that the installation complies with the relevant provisions for domestic installation in BS 5325.
6. The Carpet Foundation Member will ensure that the carpet will be inspected prior to or during installation.
7. The performance of carpet is influenced by the standard and quality of the underlay so Carpet Foundation Members will recommend new underlay for new carpet. In all cases underlay recommended will be appropriate for the anticipated end use.
8. The Carpet Foundation Member will inform the consumer of its policy on the uplifting and removal of the existing carpet and underlay. Where charges are made the consumer will be notified in the written quotation.
9. The Carpet Foundation Member will ensure that the site will be restored on completion of the installation. Details of the post installation work undertaken by the Carpet Foundation Member will be detailed in the quotation or terms of business together with the responsibilities for payment for such work. This does not include any extra work necessary as a result of the negligence of the installer.
(I) DEPOSITS AND CANCELLATIONS
1. Carpet Foundation Members may ask the consumer to pay a deposit with the order for carpet.
2. Clear and concise information on the consumer's deposit protection and cancellation rights will be provided by the Carpet Foundation Member. This would normally be set out in the terms of business.
3. In the rare cases of liquidation the consumer's deposit will be protected by Carpet Foundation manufacturers who will agree to fulfil the order at the price originally agreed.
In cases of liquidation where a consumer has paid a deposit on a product produced by a non-CF manufacturer the deposit will be protected by the localised members of the Carpet Foundation Member network acting in concert with the relevant manufacturer
The Carpet Foundation deposit protection schemes will require the consumer to pay the balance of the order excluding the deposit. The Carpet Foundation will deal with any claims under these schemes.
4. Additional protection of deposits affected by liquidations is afforded by using a credit card to pay the deposit subject to a minimum total purchase price of ?100.01
5. In cases where a consumer cancels an order on reasonable grounds eg. an unforeseen personal trauma such as major surgery, a divorce, serious illness etc. a full refund of monies paid (excluding that paid for work already done) will be made by the Carpet Foundation Member.
6. In cases where the Carpet Foundation Member offers to supply carpet on credit this must comply with the requirements of the Consumer Credit Act.
(J) GUARANTEES FOR CARPET INSTALLED IN DOMESTIC PREMISES
Carpet Foundation Carpet Foundation Members offer guarantees to the consumer which provide a rapid, easy to use, non-legalistic system for the consumer to pursue issues concerning the purchase and installation of carpet. These guarantees do not affect the consumer'ss' right to follow up cases of complaint through the courts if necessary.
There are a variety of different guarantees on offer to the consumer and the Carpet Foundation Member will make these clear before the purchase decision is made.
The length of these guarantees does not affect the consumer's statutory rights in relation to faulty or misdescribed goods. Neither do the options for the durations of the guarantee imply any variation in statutory rights.
These guarantees are provided free of charge.
1. Carpet Foundation Members offer FOUR forms of guarantee:
- A two year guarantee against manufacturing faults occurring in carpet produced by Carpet Foundation manufacturers
- A two year guarantee against the occurrence of pile reversal (for carpet produced by Carpet Foundation manufacturers only)
- A one year guarantee against manufacturing faults occurring in carpet produced by non Carpet Foundation manufacturers
- A one year guarantee against installation faults where the Carpet Foundation Member is responsible for the installation
The conditions for the application of these guarantees, are explained below.
2. The Guarantee against Manufacturing Faults
None of the terms of the set out below guarantees set out below affect the consumer's statutory rights in relation to faulty or misdescribed goods or the implied condition of satisfactory quality under section 14 (2) of SoGA, the details of which can be obtained from the local Trading Standards Office.
The Carpet Foundation Member offers two guarantees against manufacturing faults:-
- Carpet produced by Carpet Foundation manufacturers (two years)
- Other carpet products (one year)
If a manufacturing fault is diagnosed within the guarantee period the Carpet Foundation Member will offer the following alternative remedies:-
- On site rectification of minor faults provided that there is confidence that the fault can be rectified
- If the problem cannot be rectified on site a replacement carpet will be provided of equivalent quality. In exceptional cases, where this is not possible, a refund may be offered by the Carpet Foundation Member equivalent to the full value of the carpet, on collection of the carpet which will be uplifted and removed by the Carpet Foundation Member.
- As an alternative to rectification or replacement the Carpet Foundation Member may offer an allowance against the faulty carpet in respect of full and final settlement of the particular complaint.
The conditions for the operation of the Manufacturing Fault Guarantee are as follows:-
The carpet must be purchased through a Carpet Foundation Member and properly maintained
- Evidence of proof of purchase will be needed
On site rectification will only be undertaken in appropriate cases and with the consent of the consumer
- During the operation of the Guarantee the Carpet Foundation Member will not be responsible for:
(a) any losses which were not reasonably foreseeable by both parties
(b) losses which were not caused by any breach on the part of the Carpet Foundation Member (including any breach of the implied condition of satisfactory quality under section 14 (2) of SoGA)
(c) business losses and/or losses to non consumers
- Any allowance accepted by the consumer will be regarded as a full and final settlement for that particular fault
- Any guarantees applying to the purchase of sale goods, seconds or clearance items will be made known to consumers prior to purchase
3. The Guarantee against Pile Reversal
None of the terms of the guarantees set out below affect the consumer's statutory rights in relation to faulty or misdescribed goods or the implied condition of satisfactory quality under section 14 (2) of SoGA, the details of which can be obtained from the local Trading Standards Office.
None of the terms of set out below guarantees affect the consumer's statutory rights in relation to faulty or misdescribed goods the details of which can be obtained from the local Trading Standards Office.
Pile reversal is a permanent, unpredictable, localised change in the direction ofr pile lean which alters the pattern of light reflected creating a random "light and shade" effect. Pile reversal is not necessarily associated with foot traffic and has been known to occur in unused carpet. It is a localised change in appearance which does not affect resistance to abrasive wear *Pile reversal is not attributable to a manufacturing fault and can be associated with local conditions where the carpet is installed. It is a random effect unlike "tracking" which is a shading effect caused by normal wear patterns. Pile Reversal may occur in most textiles with a pile.
However Carpet Foundation Members have entered into agreements with Carpet Foundation manufacturers to provide a guarantee against this phenomenon.
If a case of Pile Reversal occurs within two years of installation the Carpet Foundation Member may offer one or more of the following alternative remedies:
(a) on site rectification (subject to carpet type)
(b) an allowance
(c) replacement of the carpet (of same or equivalent quality)
Conditions for Pile Reversal Guarantee
- Following rectification, Iif the problem recurs within 12 months of rectificationthe original two year guarantee period, the Carpet Foundation Member will supply a replacement carpet or offer an allowance
- If the problem recurs in the same position/location after replacement the Carpet Foundation Member will not be able to consider a further claim
- This guarantee does not cover tracking or shading due to normal traffic patterns.
- The carpet must be purchased through a Carpet Foundation Member and properly maintained
- Evidence of proof of purchase will need to be provided
On site rectification will be undertaken only in appropriate cases and with the consent of the consumer
- During the operation of the Guarantee the Carpet Foundation Member will not be responsible for:
(a) any losses which were not reasonably foreseeable by both parties
(b) losses which were not caused by any breach on the part of the Carpet Foundation Member (including any breach of the implied condition of satisfactory quality under section 14 (2) of SoGA)
(c) business losses and/or losses to non consumers
- Any allowance accepted by the consumer will be regarded as a Full and Final settlement * It is a localised change in appearance but it does not affect resistance or abrasive wear.
Guarantee against Installation Faults
None of the terms of the guarantees set out below affect the consumer's statutory rights in relation to faulty or misdescribed goods or the implied condition of satisfactory quality under section 14 (2) of SoGA, the details of which can be obtained from the local Trading Standards Office.
None of the terms of set out below guarantees affect the consumer's statutory rights in relation to faulty or mis-described goods the details of which can be obtained from the local Trading Standards Office.
Where the Carpet Foundation Member is totally responsible for the supply and installation of the carpet a one year guarantee will be provided against the occurrence of fitting faults. This also covers accessories used in the installation.
Complaints should be referred to the Carpet Foundation Member who will investigate the matter quickly to prevent the possibility of faults affecting the future performance of the product.
In most cases claims against this guarantee will be dealt with through rapid on-site rectification, eg. re-fitting, re-stretching, re-seaming etc.
The guarantee does not apply in the cases of consumers who purchase carpet from a Carpet Foundation Member and install it themselves or arrange for its installation by a third party independent fitter. The complaints procedure outlined in section (K) does not apply in such cases.
(K) CONSUMER COMPLAINTS PROCEDURES
Whilst the vast majority of carpet supplied by Carpet Foundation Members will be free from any manufacturing or installation faults, occasionally, usually due to human error, faults can occur. If consumers believe they have a complaint concerning the quality of the carpet, the installation, the advice given, the standard of service or any other aspect of the completion of their order they should use the following complaints procedure:-
In cases of complaint about the carpet or its installation:
1. The consumer should refer any complaint to the Carpet Foundation Member within a reasonable time
2. The Carpet Foundation Member will arrange to inspect the carpet as soon as possible but within 7 working days of referral (subject to the consumer's availability).
3. After carrying out a site visit the Carpet Foundation Member will consider the details of the complaint and report his findings to the consumer within 7 working days.
4. In cases where fitting faults are diagnosed in an installation carried out by an Independent Carpet Fitter (paid directly by the consumer) the consumer will be required to take up the matter directly with the Independent Carpet Fitter. This complaints procedure and subsequent Conciliation and Arbitration procedures will not apply in such cases.
5. If the Carpet Foundation Member believes there is evidence of a manufacturing fault a representative of the manufacturer will be invited to carry out a further site visit. This will be organised as soon as possible but within 10 working days of stage (3) subject to the availability of the parties. Carpet Foundation Members will ensure that manufacturers report back on the findings from the visit within 28 days (unless extenuating circumstances prevent this).
6. The Carpet Foundation Member having considered the manufacturer's findings will report back to the consumer within seven working days of receiving the manufacturer's report. If product testing is required this process will take a little longer.
7. The findings of the Carpet Foundation Member will be communicated to the consumer in clear, concise and user friendly language in writing.
8. In cases where the consumer wishes to use a representative or observer to help with dealing with a complaint the Carpet Foundation Member will agree.
Most complaints will be settled between the consumer and the Carpet Foundation Member using this procedure. However if the consumer does not agree with the decision of the Carpet Foundation Member the matter can be referred to the Conciliation Procedure.
Complaints about Service, Advice, Delivery, Payments etc.
1. If a consumer feels that there is justification for a complaint about the level of service, advice, delivery, payment arrangements, invoices etc, it should be referred to the Carpet Foundation Member within a reasonable time.
2. The Carpet Foundation Member will deal with the matter as quickly as possible and carry out an investigation of the complaint.
3. The Carpet Foundation Member will inform the consumer of his findings as soon as possible but within 7 days of the receipt of the complaint.
4. If the consumer is unhappy with the outcome of the complaint the Carpet Foundation Conciliation Service or Non-Compliance procedure can be used to take the matter further.
(L) THE CARPET FOUNDATION CONCILIATION SERVICE
In the unlikely event of a consumer and Carpet Foundation Member failing to reach an agreement over a complaint the consumer has the right to access the Carpet Foundation Conciliation Service. The role of this service is to try to facilitate an agreement between the consumer and the Carpet Foundation Member as soon as possible. The process of conciliation will be provided by the Technical Director of the Carpet Foundation and it operates as follows:-
1. When a consumer and Carpet Foundation Member record a failure to agree over the settlement of a complaint the consumer will be offered to refer the dispute to the Carpet Foundation for Conciliation. The Carpet Foundation Member will provide the consumer with a Carpet Foundation Conciliation Form.
2. The consumer will complete the relevant section of the Conciliation Form and return it to the Carpet Foundation Member for completion of the retailer's section. The completed form together with any supporting information will be sent to the Technical Director at the Carpet Foundation within 7 working days. Copies of both statements will be sent to all parties.
3. The Carpet Foundation will review the written evidence and discuss the details and potential solutions with the two parties. After consideration of all the evidence the Carpet Foundation will suggest a fair settlement of the dispute and communicate it in writing to the consumer and the Carpet Foundation Member. The process will not involve visits or scientific investigation processes eg., product testing and will be completed within 15 working days of receipt of the application for conciliation.
This process is essentially a "peace brokering service" aiming to reach a non- binding solution to the dispute in a reasonable time scale. If the Conciliator's advice is not acceptable to the parties the consumer may refer the dispute to Independent Arbitration for a resolution to the dispute which would be binding on both parties. Alternatively the consumer can exercise the right to seek resolution through the legal processes.
(M) INDEPENDENT ARBITRATION
In unusual cases where conciliation cannot resolve the dispute between a consumer and Carpet Foundation Member the consumer has a right to ask for the matter to be referred to Independent Arbitration. The consumer is not obliged to refer the dispute to arbitration and can pursue the matter in other ways including legal redress
The Arbitration Service will be provided by BCTC (British Carpet Technical Centre), Wira House, West Park Ring Road, Leeds. LS16 6QL an independent body appointed by the Carpet Foundation to deal with complaints to provide the consumer with an alternative to taking legal action.
The Independent Arbitration Service will operate as follows:-
1. If the Carpet Foundation Member and the consumer register a failure to agree at the Conciliation stage the consumer may refer the dispute to Independent Arbitration.
2. The consumer will be required to complete an application form to start the Arbitration process and a fee will be chargeable (which will be refundable if the consumer is shown not to be at fault). The fee charged by the BCTC will be ?55.00 plus VAT for both the consumer and the Carpet Foundation Members.
3. The Arbiter will decide in conjunction with the parties whether or not a further site visit or product tests are required for a judgement. Any further costs will be explained to the parties.
4. After considering all the evidence the Arbiter will make known his/her decision in writing to the two parties and the Carpet Foundation.
5. The Arbitration process will be carried out in a speedy and effective way giving both parties the opportunity to provide evidence to substantiate their case.
6. The terms of reference for the Arbitration process will be made known to the parties at the outset.
7. An award made under the Independent Arbitration Service will be binding and may be challenged under the Arbitration Act 1996 only on certain limited groundsThe Arbiter's decision is legally binding and enforceable by law on all the parties.
(N) DEALING WITH NON-COMPLIANCE
Carpet Foundation Members will comply in full with all the requirements of the Code of Practice.
However from time to time there may be breaches of the Code or apparent breaches which will need to be investigated. It is vital that such cases be dealt with quickly and objectively whilst maintaining high standards of fairness.
To give the process credibility in the eyes of consumers or other complainants and to be fair to members it is essential that there is an Independent Non Compliance Panel adjudicating and monitoring cases.
The Carpet Foundation Procedure for handling cases of non-compliance is as follows:-
1. Evidence of non-compliance may come from a number of different sources:-
- Complaints from consumers
- An analysis of conciliation and arbitration outcomes
- The results of performance monitoring
- Information obtained by the Carpet Foundation
2. Complaints will be thoroughly investigated within 14 days of receipt by Carpet Foundation staff and complainants informed of the outcome.
3. Minor breaches of the Code will be dealt with internally by the Carpet Foundation and will lead to the following measures:
- Advice on how to prevent a re-occurrence
- Written Warnings
- Final Warnings prior to referral to the Independent Non-Compliance Panel
4. Repeated "minor" breaches and/or failure to respond to warnings will be regarded as "serious" non-compliance.
5. Cases of serious non-compliance will be referred to an Independent Non-Compliance Panel with an independent chairman, one independent member and one retail member. The independent chairman will be Mr A J Price BA (Cantab), JP Lawcosts, Friars Glade, Trimpley, Worcestershire. DY12 1NP
6. Serious non-compliance could lead to fines, suspension of membership or termination of membership of the Carpet Foundation.
7. In all cases of non-compliance investigation will be carried out in a professional, transparent and fair manner with all parties given the opportunity to make representations on their behalf.
(O) CONSUMER SATISFACTION MONITORING
In order to assess the effectiveness of the Code of Practice in terms of delivering higher standards of retailing to consumers the Carpet Foundation will carry out a number of monitoring and auditing measures:-
1. Supportive visits by CF manufacturer's Field Sales Staff
2. Analysis of non-compliance data
3. Independent research on consumer satisfaction levels amongst individual Carpet Foundation Members
4. Analysis of conciliation and arbitration cases
The results on Consumer Satisfaction monitoring will be published in an annual report and circulated to Carpet Foundation members, the OFT and other bodies. Plans for the continual improvement of consumer satisfaction levels and the development of the contents of the Code of Practice will be included in the report.
(A) INTRODUCTION
1. The Carpet Foundation is the UK's lead body for the carpet industry and is the sponsor organisation for this Code of Practice. The Foundation is supported by the leading UK based carpet manufacturers who fund the organisation. The Foundation is a Company limited by guarantee founded in 1999 and its manufacturing members produce the majority of the carpet made in the UK.
2. The manufacturing members of the Carpet Foundation are the owners of the "Quality Mark" a visible mark of end-use suitability for carpet. This is based on a Suitability Evaluation Scheme which is independently monitored by the Textile Institute through objective random testing of carpet products. The system is based upon British and European product tests and ensures that claims about the end-use suitability of carpet can be validated. The Quality Mark is for the exclusive use of the manufacturing members of the Carpet Foundation.
3. The Carpet Foundation has over 1000 independent retailers in membership known as "Carpet Foundation Members" who part-fund the promotional activities undertaken by the organisation.
4. Carpet Foundation Member retailers must currently satisfy the following criteria for membership of the Carpet Foundation:-
- Membership of a recognised Buying Group.
- Non Buying Group members must have accounts with at least four Carpet Foundation carpet manufacturers or achieve a significant level of business with a lesser number.
- Bona-fide retailers with a showroom open to the public
- Use of the Carpet Council Guarantees and Code of Practice introduced in 1998.
- Commitment to the highest standards of retailing in terms of staff training, display, price transparencying, installation etc.
5. Consumer Research on purchasing experiences carried out in 2002 shows conclusively that independent retailers provide the consumer with the highest standards of customer care, impartial advice, installation and after sales service. By and large Carpet Foundation Members are widely acknowledged to be amongst the best independent carpet retailers in the UK.
6. In 1998 The Carpet Council Guarantees and Code of Practice was introduced by the British Carpet Manufacturers' Association. This was designed to regulate the procedures used by manufacturers and retailers for dealing with consumer complaints and to provide for extended guarantees. Although not a consumer code in the strictest sense its provisions have been used extensively and retailers claim high satisfaction levels. The relevant sections of this code are incorporated into this new consumer code.
7. The selection, purchase and installation of carpet is complicated and intrusive. It is essential that interaction with the consumer be handled in a highly professional manner which will meet the expectations of the consumer. Carpet Foundation Members are committed to consumer friendly policies; clear and transparent dealings and efficient complaints resolution to ensure that consumers achieve the highest levels of satisfaction.
8. None of the terms of the consumer code of practice shall affect the consumers' rights under the Sale of Goods legislation.
9. In producing the Code of Practice the Carpet Foundation has consulted with relevant consumer advisory bodies through the Office of Fair Trading.
10. Carpet Foundation Members recognise the importance of regular assessment of the effectiveness of their retailing standards through an objective monitoring system.
11. It should not be overlooked that consumers also have an important part to play in the purchase process through means of open and reasonable dealings with Carpet Foundation Members.
(B) THE OBJECTIVES OF THE CARPET FOUNDATION CONSUMER CODE
1. To ensure that Carpet Foundation Members provide outstanding levels of consumer service and as a consequence consumers return to Carpet Foundation Members for their next carpet purchase.
2. To recognise the importance of clear and unambiguous, high quality communications to consumers covering all the key aspects of carpet purchasing including the following:
- Impartial product selection and carpet maintenance advice
- Post manufacturing Pile treatments
- Terms of Business details
- Deposits and cancellation/protection rights
- Guarantees
- Installation standards
- Dispute resolution procedures
- After sales service
- Visibility of Carpet Foundation Quality Mark and Carpet Foundation Member logos etc, to ensure consumers are aware of the code.
3. To establish the Carpet Foundation Members as the exclusive users of the Code of Practice through consistent advertising, PR and high visibility signage and POSM.
4. To use the Office of Fair Trading consumer code of practice approval scheme (CCAS) to give the new code added credibility in the eyes of the consumer and a more disciplined approach to adherence from code users.
5. To promote a commitment to achieving the highest standards of retailing and continued improvement through the use of the Code of Practice by Carpet Foundation Members.
6. To provide more generous guarantees which, together with Conciliation and Independent Arbitration, should avoid the use of legal processes to resolve consumer complaints.
(C) SCOPE AND OWNERSHIP OF THE CONSUMER CODE OF PRACTICE
1. The Carpet Foundation is the sponsor of the new Consumer Code of Practice.
2. The code covers the relationship between Carpet Foundation Members and consumers, in respect of carpet sold, and sold and installed by Carpet Foundation Members to residential consumers. This does not cover the sale of rugs.
3. The code has been prepared for the exclusive use of Carpet Foundation Members during their membership of the Carpet Foundation. Carpet Foundation Members who leave the Carpet Foundation will no longer be able to use or promote the code.
4. For Carpet Foundation Members, compliance with the Code of Practice is mandatory for membership of the Carpet Foundation. Formal written evidence of support for the code by each Carpet Foundation Member will be held by the Carpet Foundation and displayed in each store.
5. Carpet Foundation Members will promote their membership of the national network through the use of highly visible signage and POSM.
6. Carpet Foundation Members will display proof of their membership of the Carpet Foundation and will have copies of the consumer Code of Practice available for those consumers who require it. POSM covering the key benefits to the consumer of the Code will be displayed in all the Carpet Foundation Members' premises. In the event that the code achieves stage two approval from the Office of Fair Trading all Carpet Foundation Members must comply with the terms of the licence which govern the use of the OFT logo.
7. Carpet Foundation Members will ensure that all their staff will be made fully aware of the requirements of the code and effectively trained in its use. This will include details of the legal responsibilities of retail staff.
8. Any sub-contractors used by Carpet Foundation Members will also be made aware of the relevant provisions of the Code.
(D) TERMS OF BUSINESS
1. All Carpet Foundation Members will have clear unambiguous terms of business which must be effectively communicated in writing to the consumer prior to making the purchase decision. These will be included in the quotation or made available as a separate document.
2. The written terms of business must include details on the following:
- Payment methods and timing
- Quotations
- Deposits and cancellation rights
- Deliveries and installation
- Guarantees
- Information on after sales advice
3. Carpet Foundation Members will not include any terms which may affect the consumer's' statutory rights under the Sale of Goods legislation.
4. The precise details in the terms of business may vary between Carpet Foundation Members but the overriding principle is that the consumer will be made aware of the terms prior to the purchase decision. The provisions of the Unfair Terms in Consumer Contracts Regulations will be followed in the terms of business used by Carpet Foundation Members.
5. Consumers will be advised that their purchase contract is between themselves and the Carpet Foundation Member (rather than the manufacturer/supplier). In cases where Independent Fitters are used and the consumer pays for their services direct, the contract will be with the Independent Fitter for the installation portion of the project.
(E) ADVERTISING
1. Carpet Foundation Members will not use any advertising which is ambiguous, misleading or untruthful and this applies to all aspects of the goods and services provided by the Carpet Foundation Members.
2. All advertising used by Carpet Foundation Members will comply with the standards set by the Advertising Standards Authority, the Independent Television Commission, the Radio Authority, the Committee of Advertising Practice and other relevant bodies. In addition such advertising will be subject to the provisions of all relevant legislation including the Control of Misleading Advertisements Regulations 1998 (as amended).
3. Advertising undertaken by Carpet Foundation Members will, wherever possible, include the Carpet Foundation Member logo and refer to their membership of the Carpet Foundation.
4. Carpet Foundation Member advertising will refer specifically to their adherence to the terms of this Code of Practice.
5. Carpet Foundation Members who use direct mail and consumer listings to promote their business will comply with current best practice and Data Protection Legislation.
(F) ADVICE TO CONSUMERS
1. Carpet Foundation Members will provide the consumer with clear and objective advice on a wide range of issues affecting the performance, suitability, selection and installation of carpet.
2. Consumers will also be referred to Carpet Foundation websites and brochures as a further source of impartial advice.
3. Consumers will be made aware of the special issues relating to potential pile reversal cases.
4. Carpet Foundation Members will not use high pressure selling techniques to sell products to consumers.
5. Throughout the long life of a carpet the consumer may have queries relating to cleaning, maintenance, product performance, installation etc which should be referred to the Carpet Foundation Member. These matters will be dealt with in a speedy, user friendly, efficient manner to ensure the best possible advice is given to the consumer without any charge.
6. Carpet Foundation Members with their long standing experience with vulnerable consumers will take all steps to ensure that key information is conveyed in a clear and concise way to minimise any difficulties they may have. Where necessary the advice of qualified helpers will be sought and extra effort will be undertaken to ensure all aspects of the purchase are carefully explained verbally to avoid the possibility of misunderstandings occurring.
(G) ESTIMATES AND QUOTATIONS
1. Carpet Foundation Members will provide "Estimates" of the approximate costs often based on the consumers own measurements. Such estimates should be taken as a guide only, to help with product selection before the provision of a more detailed "Written Quotation".
2. Carpet Foundation Members will provide clear written quotations with details of what is, and what is not included in the quotation. Where additional work is required eg., removal and trimming of doors, moving furniture, disconnecting sound systems etc., any additional charges incurred will be specified.
3. The removal and disposal of the old carpet and underlay, together with any waste, may be charged for separately where indicated and agreed with the consumer.
4. In order to carry out a detailed measure, the Carpet Foundation Member will visit the site for which a charge (normally offset against the purchase) may be made. Consumers will be advised of the importance of having the quotation based upon a professionally undertaken measurement of the site.
5. Undisclosed site conditions and special circumstances beyond the control of the Carpet Foundation Member arising during installation may result in additional work not foreseen in the original quotation which may have to be charged for. The consumer will be notified of such cases before the additional work proceeds. This would not include any extra work necessary as a result of the negligence of the installer.
6. Written quotations will specify the payment methods, deposits and payment timescales. The time limit for the quotation to remain valid (normally a minimum of 30 days without change) will be notified to the consumer. Carpet Foundation Members may impose a maximum period for the validity of the quotation. Any price increases imposed by the supplier will be notified to the consumer before the purchase is authorised. In cases where the price increase is not acceptable the consumer can terminate the contract and receive a refund of any deposit. Price increases will not be imposed by the Carpet Foundation Member after the contract is agreed.
7. Special offers and sale periods may prescribe prices which are only valid for a limited period.
8. Carpet Foundation Members are committed to a clear and open policy of pricing and ensuring that the consumer is fully aware of all aspects of the quotation to avoid any "surprises" when the final invoice is produced. Consumers are not expected to pay for additional items which have not been specifically agreed in the contract or by mutual agreement thereafter.
(H) DELIVERY AND INSTALLATION
1. Carpet Foundation Members acknowledge the importance o well organised delivery and installation arrangements. Every effort will be made to provide flexible installation dates and times to meet consumers' expectations. Any "critical deadlines" will be notified by the consumer to avoid misunderstandings.
2. Any delays in delivery and installation will be notified to the consumer as soon as possible. Where unreasonable delays occur the consumer may be offered alternative products.
3. In the case of unreasonable delays in delivery and installation the consumer may cancel the order and receive a full repayment of any deposit. In the event of a consumer cancelling an order in such circumstances the Carpet Foundation Members will not be liable for:-
(a) any losses which were not reasonably foreseeable by both parties
(b) losses which were not caused by any breach on the part of the Carpet Foundation Member (including any breach of the implied condition of satisfactory quality under section 14 (2) of SoGA)
(c) business losses and/or losses to non consumers
4. The Carpet Foundation Member will inform the consumer what needs to be done to prepare the site for installation eg., furniture removal, disconnecting sound systems, computers, TVs, door removal etc.
5. The Carpet Foundation Member will ensure that the installation is carried out by suitably qualified and experienced fitting personnel and that the installation complies with the relevant provisions for domestic installation in BS 5325.
6. The Carpet Foundation Member will ensure that the carpet will be inspected prior to or during installation.
7. The performance of carpet is influenced by the standard and quality of the underlay so Carpet Foundation Members will recommend new underlay for new carpet. In all cases underlay recommended will be appropriate for the anticipated end use.
8. The Carpet Foundation Member will inform the consumer of its policy on the uplifting and removal of the existing carpet and underlay. Where charges are made the consumer will be notified in the written quotation.
9. The Carpet Foundation Member will ensure that the site will be restored on completion of the installation. Details of the post installation work undertaken by the Carpet Foundation Member will be detailed in the quotation or terms of business together with the responsibilities for payment for such work. This does not include any extra work necessary as a result of the negligence of the installer.
(I) DEPOSITS AND CANCELLATIONS
1. Carpet Foundation Members may ask the consumer to pay a deposit with the order for carpet.
2. Clear and concise information on the consumer's deposit protection and cancellation rights will be provided by the Carpet Foundation Member. This would normally be set out in the terms of business.
3. In the rare cases of liquidation the consumer's deposit will be protected by Carpet Foundation manufacturers who will agree to fulfil the order at the price originally agreed.
In cases of liquidation where a consumer has paid a deposit on a product produced by a non-CF manufacturer the deposit will be protected by the localised members of the Carpet Foundation Member network acting in concert with the relevant manufacturer
The Carpet Foundation deposit protection schemes will require the consumer to pay the balance of the order excluding the deposit. The Carpet Foundation will deal with any claims under these schemes.
4. Additional protection of deposits affected by liquidations is afforded by using a credit card to pay the deposit subject to a minimum total purchase price of ?100.01
5. In cases where a consumer cancels an order on reasonable grounds eg. an unforeseen personal trauma such as major surgery, a divorce, serious illness etc. a full refund of monies paid (excluding that paid for work already done) will be made by the Carpet Foundation Member.
6. In cases where the Carpet Foundation Member offers to supply carpet on credit this must comply with the requirements of the Consumer Credit Act.
(J) GUARANTEES FOR CARPET INSTALLED IN DOMESTIC PREMISES
Carpet Foundation Carpet Foundation Members offer guarantees to the consumer which provide a rapid, easy to use, non-legalistic system for the consumer to pursue issues concerning the purchase and installation of carpet. These guarantees do not affect the consumer'ss' right to follow up cases of complaint through the courts if necessary.
There are a variety of different guarantees on offer to the consumer and the Carpet Foundation Member will make these clear before the purchase decision is made.
The length of these guarantees does not affect the consumer's statutory rights in relation to faulty or misdescribed goods. Neither do the options for the durations of the guarantee imply any variation in statutory rights.
These guarantees are provided free of charge.
1. Carpet Foundation Members offer FOUR forms of guarantee:
- A two year guarantee against manufacturing faults occurring in carpet produced by Carpet Foundation manufacturers
- A two year guarantee against the occurrence of pile reversal (for carpet produced by Carpet Foundation manufacturers only)
- A one year guarantee against manufacturing faults occurring in carpet produced by non Carpet Foundation manufacturers
- A one year guarantee against installation faults where the Carpet Foundation Member is responsible for the installation
The conditions for the application of these guarantees, are explained below.
2. The Guarantee against Manufacturing Faults
None of the terms of the set out below guarantees set out below affect the consumer's statutory rights in relation to faulty or misdescribed goods or the implied condition of satisfactory quality under section 14 (2) of SoGA, the details of which can be obtained from the local Trading Standards Office.
The Carpet Foundation Member offers two guarantees against manufacturing faults:-
- Carpet produced by Carpet Foundation manufacturers (two years)
- Other carpet products (one year)
If a manufacturing fault is diagnosed within the guarantee period the Carpet Foundation Member will offer the following alternative remedies:-
- On site rectification of minor faults provided that there is confidence that the fault can be rectified
- If the problem cannot be rectified on site a replacement carpet will be provided of equivalent quality. In exceptional cases, where this is not possible, a refund may be offered by the Carpet Foundation Member equivalent to the full value of the carpet, on collection of the carpet which will be uplifted and removed by the Carpet Foundation Member.
- As an alternative to rectification or replacement the Carpet Foundation Member may offer an allowance against the faulty carpet in respect of full and final settlement of the particular complaint.
The conditions for the operation of the Manufacturing Fault Guarantee are as follows:-
The carpet must be purchased through a Carpet Foundation Member and properly maintained
- Evidence of proof of purchase will be needed
On site rectification will only be undertaken in appropriate cases and with the consent of the consumer
- During the operation of the Guarantee the Carpet Foundation Member will not be responsible for:
(a) any losses which were not reasonably foreseeable by both parties
(b) losses which were not caused by any breach on the part of the Carpet Foundation Member (including any breach of the implied condition of satisfactory quality under section 14 (2) of SoGA)
(c) business losses and/or losses to non consumers
- Any allowance accepted by the consumer will be regarded as a full and final settlement for that particular fault
- Any guarantees applying to the purchase of sale goods, seconds or clearance items will be made known to consumers prior to purchase
3. The Guarantee against Pile Reversal
None of the terms of the guarantees set out below affect the consumer's statutory rights in relation to faulty or misdescribed goods or the implied condition of satisfactory quality under section 14 (2) of SoGA, the details of which can be obtained from the local Trading Standards Office.
None of the terms of set out below guarantees affect the consumer's statutory rights in relation to faulty or misdescribed goods the details of which can be obtained from the local Trading Standards Office.
Pile reversal is a permanent, unpredictable, localised change in the direction ofr pile lean which alters the pattern of light reflected creating a random "light and shade" effect. Pile reversal is not necessarily associated with foot traffic and has been known to occur in unused carpet. It is a localised change in appearance which does not affect resistance to abrasive wear *Pile reversal is not attributable to a manufacturing fault and can be associated with local conditions where the carpet is installed. It is a random effect unlike "tracking" which is a shading effect caused by normal wear patterns. Pile Reversal may occur in most textiles with a pile.
However Carpet Foundation Members have entered into agreements with Carpet Foundation manufacturers to provide a guarantee against this phenomenon.
If a case of Pile Reversal occurs within two years of installation the Carpet Foundation Member may offer one or more of the following alternative remedies:
(a) on site rectification (subject to carpet type)
(b) an allowance
(c) replacement of the carpet (of same or equivalent quality)
Conditions for Pile Reversal Guarantee
- Following rectification, Iif the problem recurs within 12 months of rectificationthe original two year guarantee period, the Carpet Foundation Member will supply a replacement carpet or offer an allowance
- If the problem recurs in the same position/location after replacement the Carpet Foundation Member will not be able to consider a further claim
- This guarantee does not cover tracking or shading due to normal traffic patterns.
- The carpet must be purchased through a Carpet Foundation Member and properly maintained
- Evidence of proof of purchase will need to be provided
On site rectification will be undertaken only in appropriate cases and with the consent of the consumer
- During the operation of the Guarantee the Carpet Foundation Member will not be responsible for:
(a) any losses which were not reasonably foreseeable by both parties
(b) losses which were not caused by any breach on the part of the Carpet Foundation Member (including any breach of the implied condition of satisfactory quality under section 14 (2) of SoGA)
(c) business losses and/or losses to non consumers
- Any allowance accepted by the consumer will be regarded as a Full and Final settlement * It is a localised change in appearance but it does not affect resistance or abrasive wear.
Guarantee against Installation Faults
None of the terms of the guarantees set out below affect the consumer's statutory rights in relation to faulty or misdescribed goods or the implied condition of satisfactory quality under section 14 (2) of SoGA, the details of which can be obtained from the local Trading Standards Office.
None of the terms of set out below guarantees affect the consumer's statutory rights in relation to faulty or mis-described goods the details of which can be obtained from the local Trading Standards Office.
Where the Carpet Foundation Member is totally responsible for the supply and installation of the carpet a one year guarantee will be provided against the occurrence of fitting faults. This also covers accessories used in the installation.
Complaints should be referred to the Carpet Foundation Member who will investigate the matter quickly to prevent the possibility of faults affecting the future performance of the product.
In most cases claims against this guarantee will be dealt with through rapid on-site rectification, eg. re-fitting, re-stretching, re-seaming etc.
The guarantee does not apply in the cases of consumers who purchase carpet from a Carpet Foundation Member and install it themselves or arrange for its installation by a third party independent fitter. The complaints procedure outlined in section (K) does not apply in such cases.
(K) CONSUMER COMPLAINTS PROCEDURES
Whilst the vast majority of carpet supplied by Carpet Foundation Members will be free from any manufacturing or installation faults, occasionally, usually due to human error, faults can occur. If consumers believe they have a complaint concerning the quality of the carpet, the installation, the advice given, the standard of service or any other aspect of the completion of their order they should use the following complaints procedure:-
In cases of complaint about the carpet or its installation:
1. The consumer should refer any complaint to the Carpet Foundation Member within a reasonable time
2. The Carpet Foundation Member will arrange to inspect the carpet as soon as possible but within 7 working days of referral (subject to the consumer's availability).
3. After carrying out a site visit the Carpet Foundation Member will consider the details of the complaint and report his findings to the consumer within 7 working days.
4. In cases where fitting faults are diagnosed in an installation carried out by an Independent Carpet Fitter (paid directly by the consumer) the consumer will be required to take up the matter directly with the Independent Carpet Fitter. This complaints procedure and subsequent Conciliation and Arbitration procedures will not apply in such cases.
5. If the Carpet Foundation Member believes there is evidence of a manufacturing fault a representative of the manufacturer will be invited to carry out a further site visit. This will be organised as soon as possible but within 10 working days of stage (3) subject to the availability of the parties. Carpet Foundation Members will ensure that manufacturers report back on the findings from the visit within 28 days (unless extenuating circumstances prevent this).
6. The Carpet Foundation Member having considered the manufacturer's findings will report back to the consumer within seven working days of receiving the manufacturer's report. If product testing is required this process will take a little longer.
7. The findings of the Carpet Foundation Member will be communicated to the consumer in clear, concise and user friendly language in writing.
8. In cases where the consumer wishes to use a representative or observer to help with dealing with a complaint the Carpet Foundation Member will agree.
Most complaints will be settled between the consumer and the Carpet Foundation Member using this procedure. However if the consumer does not agree with the decision of the Carpet Foundation Member the matter can be referred to the Conciliation Procedure.
Complaints about Service, Advice, Delivery, Payments etc.
1. If a consumer feels that there is justification for a complaint about the level of service, advice, delivery, payment arrangements, invoices etc, it should be referred to the Carpet Foundation Member within a reasonable time.
2. The Carpet Foundation Member will deal with the matter as quickly as possible and carry out an investigation of the complaint.
3. The Carpet Foundation Member will inform the consumer of his findings as soon as possible but within 7 days of the receipt of the complaint.
4. If the consumer is unhappy with the outcome of the complaint the Carpet Foundation Conciliation Service or Non-Compliance procedure can be used to take the matter further.
(L) THE CARPET FOUNDATION CONCILIATION SERVICE
In the unlikely event of a consumer and Carpet Foundation Member failing to reach an agreement over a complaint the consumer has the right to access the Carpet Foundation Conciliation Service. The role of this service is to try to facilitate an agreement between the consumer and the Carpet Foundation Member as soon as possible. The process of conciliation will be provided by the Technical Director of the Carpet Foundation and it operates as follows:-
1. When a consumer and Carpet Foundation Member record a failure to agree over the settlement of a complaint the consumer will be offered to refer the dispute to the Carpet Foundation for Conciliation. The Carpet Foundation Member will provide the consumer with a Carpet Foundation Conciliation Form.
2. The consumer will complete the relevant section of the Conciliation Form and return it to the Carpet Foundation Member for completion of the retailer's section. The completed form together with any supporting information will be sent to the Technical Director at the Carpet Foundation within 7 working days. Copies of both statements will be sent to all parties.
3. The Carpet Foundation will review the written evidence and discuss the details and potential solutions with the two parties. After consideration of all the evidence the Carpet Foundation will suggest a fair settlement of the dispute and communicate it in writing to the consumer and the Carpet Foundation Member. The process will not involve visits or scientific investigation processes eg., product testing and will be completed within 15 working days of receipt of the application for conciliation.
This process is essentially a "peace brokering service" aiming to reach a non- binding solution to the dispute in a reasonable time scale. If the Conciliator's advice is not acceptable to the parties the consumer may refer the dispute to Independent Arbitration for a resolution to the dispute which would be binding on both parties. Alternatively the consumer can exercise the right to seek resolution through the legal processes.
(M) INDEPENDENT ARBITRATION
In unusual cases where conciliation cannot resolve the dispute between a consumer and Carpet Foundation Member the consumer has a right to ask for the matter to be referred to Independent Arbitration. The consumer is not obliged to refer the dispute to arbitration and can pursue the matter in other ways including legal redress
The Arbitration Service will be provided by BCTC (British Carpet Technical Centre), Wira House, West Park Ring Road, Leeds. LS16 6QL an independent body appointed by the Carpet Foundation to deal with complaints to provide the consumer with an alternative to taking legal action.
The Independent Arbitration Service will operate as follows:-
1. If the Carpet Foundation Member and the consumer register a failure to agree at the Conciliation stage the consumer may refer the dispute to Independent Arbitration.
2. The consumer will be required to complete an application form to start the Arbitration process and a fee will be chargeable (which will be refundable if the consumer is shown not to be at fault). The fee charged by the BCTC will be ?55.00 plus VAT for both the consumer and the Carpet Foundation Members.
3. The Arbiter will decide in conjunction with the parties whether or not a further site visit or product tests are required for a judgement. Any further costs will be explained to the parties.
4. After considering all the evidence the Arbiter will make known his/her decision in writing to the two parties and the Carpet Foundation.
5. The Arbitration process will be carried out in a speedy and effective way giving both parties the opportunity to provide evidence to substantiate their case.
6. The terms of reference for the Arbitration process will be made known to the parties at the outset.
7. An award made under the Independent Arbitration Service will be binding and may be challenged under the Arbitration Act 1996 only on certain limited groundsThe Arbiter's decision is legally binding and enforceable by law on all the parties.
(N) DEALING WITH NON-COMPLIANCE
Carpet Foundation Members will comply in full with all the requirements of the Code of Practice.
However from time to time there may be breaches of the Code or apparent breaches which will need to be investigated. It is vital that such cases be dealt with quickly and objectively whilst maintaining high standards of fairness.
To give the process credibility in the eyes of consumers or other complainants and to be fair to members it is essential that there is an Independent Non Compliance Panel adjudicating and monitoring cases.
The Carpet Foundation Procedure for handling cases of non-compliance is as follows:-
1. Evidence of non-compliance may come from a number of different sources:-
- Complaints from consumers
- An analysis of conciliation and arbitration outcomes
- The results of performance monitoring
- Information obtained by the Carpet Foundation
2. Complaints will be thoroughly investigated within 14 days of receipt by Carpet Foundation staff and complainants informed of the outcome.
3. Minor breaches of the Code will be dealt with internally by the Carpet Foundation and will lead to the following measures:
- Advice on how to prevent a re-occurrence
- Written Warnings
- Final Warnings prior to referral to the Independent Non-Compliance Panel
4. Repeated "minor" breaches and/or failure to respond to warnings will be regarded as "serious" non-compliance.
5. Cases of serious non-compliance will be referred to an Independent Non-Compliance Panel with an independent chairman, one independent member and one retail member. The independent chairman will be Mr A J Price BA (Cantab), JP Lawcosts, Friars Glade, Trimpley, Worcestershire. DY12 1NP
6. Serious non-compliance could lead to fines, suspension of membership or termination of membership of the Carpet Foundation.
7. In all cases of non-compliance investigation will be carried out in a professional, transparent and fair manner with all parties given the opportunity to make representations on their behalf.
(O) CONSUMER SATISFACTION MONITORING
In order to assess the effectiveness of the Code of Practice in terms of delivering higher standards of retailing to consumers the Carpet Foundation will carry out a number of monitoring and auditing measures:-
1. Supportive visits by CF manufacturer's Field Sales Staff
2. Analysis of non-compliance data
3. Independent research on consumer satisfaction levels amongst individual Carpet Foundation Members
4. Analysis of conciliation and arbitration cases
The results on Consumer Satisfaction monitoring will be published in an annual report and circulated to Carpet Foundation members, the OFT and other bodies. Plans for the continual improvement of consumer satisfaction levels and the development of the contents of the Code of Practice will be included in the report.
