Code of Practice

As part of our ongoing commitment to good practice within the industry we ask all members to agree to, and abide by, our Code of Practice:

I/we agree to offer for sale only products that conform to all current toy safety legislation, and to exercise due diligence in regard to the safety of all toys I/we retail.

I/we agree to deal as promptly as possible with any enquiries as to the safety of the products retailed by this business and take effective action where appropriate: the Association will be notified as soon as possible of any allegations by an enforcement authority that a product being offered for sale:

• does not fully comply with the Toys (Safety) Regulations, 2011 or
• is deemed to be a ‘defective product’ within Part 1 of the Consumer Protection Act; or
• does not comply with the ‘general safety’ requirement under section 10 of the Consumer Protection Act 1987; or
• contravenes any safety regulations in relation to toys enacted by the Secretary of State under section 11 of the Consumer Protection Act 1987; or
• contravenes the General Product Safety Regulations, 2005 or
• is not of ‘satisfactory quality’ as required by the Sale and Supply of Goods Act 1994; or
• contravenes the Trade Descriptions Act 1968

I/we understand that a successful prosecution under the toy safety regulations, the Consumer Protection Act, the Sale and Supply of Goods Act or the Trade Descriptions Act will be regarded by the Association as a breach of the code and may render me/us liable to investigation under the Association complaints procedure.

I/we declare that I/we do not market counterfeit toys/hobbies and I/we understand that a judgement against me/us whether brought privately or otherwise involving copyright or trade mark infringement may render me/us liable to investigation under the Association complaints procedure.

I/we undertake that all my/our advertising of toys in whatever form is honest, truthful, legal and decent and is in accordance with all applicable codes, in particular the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP) and the UK Code of Broadcast Advertising (BCAP) governed by Ofcom and the ASA.

I/we undertake that any toy gun, imitation or replica firearm modelled on a firearm design produced since 1898 and offered for sale is marked in accordance with the BTHA code for such a product. (Members See also the more recent Violent Crime Reduction Act 2006 and the Toy Gun Code)

I/we shall on request permit any officer of the Association or their authorised representatives to inspect the goods offered for sale under the terms of this Code.

I/we undertake to use the Association Toy Safety Information in staff training and ensure that all staff are trained to provide proper consumer advice on such matters as age grading, age warning and toy safety in general.

I/we understand that the Association reserves the right to refer breaches of this Code to the independently constituted Complaints Committee which will report to the Council of the Association with the recommendations as to the action to be taken.

I/we understand that wilful breaches of the Code may lead to my/our expulsion from the Association, and denials of the use of the special Association display material used for public display to identify members.

I/we agree to remove at my/our expense any Association symbols identifying me/us as operating to the Association Toy Safety Code of Practice, or any other Association display material if and when I/we cease to be members of the Association, either as a result of the cancellation of my/our membership, or as a result of expulsion from the Association, or any request by the Association forbidding the display of such material.