All nuMONDAY sellers must comply with UK product legislation, including the following:
The General Product Safety Regulations
The Toy Safety Regulations
The Furniture and Furnishings Fire Safety Regulations
The Hallmark Act 1973
The Nickel in Jewellery Regulations
The Food Imitation Safety Regulations
The Food Hygiene Regulations
In all cases you should make sure your work complies with the above legislation. If in doubt contact your local trading standards office.
The two most common queries we receive in relation to product legislation are:
If you want to sell handmade soaps, scrubs or bath bombs you MUST ensure your products comply with the EU Regulation 1223/2009 (Cosmetics Regulation), even if you only intend to sell on a very small scale.
This remains the current legislation covering the production and sale of soap in the UK. The aim of the legislation is to protect the public as well as the maker.
Cosmetics are defined as “any substance or preparation intended to be placed in contact with the various external parts of the human body with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, correcting body odours, protecting them, or keeping them in good condition” as stated in the The Cosmetics Products (Safety) Regulations 2008.
This covers bath bombs, scrubs and soaps that are allowed for sale on nuMONDAY.
If you sell cosmetics you should contact your local trading standards office to find our how you can comply with the regulations (which covers use of different ingredients as well as labelling).
A toy is “any product or material designed or clearly intended for use in play by a child of less than 14 years of age” as stated in The Toys (Safety) Regulations 1995. You should contact your local trading standards office to clarify what you need to do to comply with the regulations (there are a couple of different routes you can take both of which require certification).
If you are planning to sell your homemade food, please contact your local Council for advice on the rules, as laws vary depending on where you live and how regularly you sell.
If you intend to make an income from your homemade food, it is likely that you will need to register your kitchen with the local authority (this is free to do) and take a simple course in food hygiene.
You can find more information on your legal responsibilities as a seller and manufacturer here www.gov.uk/guidance/product-safety-for-manufacturers
The General Data Protection Regulation (GDPR) is a European-wide law that replaces the Data Protection Act 1998 in the UK. It comes into force on 25th May 2018 and applies to all businesses operating in the EU that process personal data. If you have have an online shop selling goods within the UK or to the EU, you collect and process personal data (such as a customer’s name, email address and postal address), which means the GDPR applies to you.
So whether you are a sole trader, a limited company or just a hobbyist just selling a few of your products online, you MUST comply with the regulations.
As a seller on nuMONDAY you agree to comply with General Data Protection Regulations. These include:
Only adding customers to your mailing list if you have their explicit consent.
You can contact your customer about issues related to their order but you must not contact them about anything else, send them marking information or add them to any mailing list unless they have opted-in to any further communication (through any channel – phone, mail or electronic).
Currently this is shown on the “Sellers Policies” tab on all of your products.
This policy will be editable via the Shop Settings so you can include your own terms.
Understanding what data you have and where it is stored.
As a nuMONDAY seller, the personal data you collect will probably be: Customer’s name, Customer’s postal address, Customer’s email, Customer’s username on nuMONDAY, Recipient’s name (if applicable), Recipient’s postal address (if applicable).
Making sure any personal data you store is secure.
You have a responsibility to make sure the data you collect is safe – both online and offline.
Only using personal data for the specific purpose you have collected it for.
In the case of a purchase, that would be: delivering the item(s), emailing confirmation of the order, emailing the customer with delivery details for that order, and storing for your financial records.
You must not use the personal data you have gained from that order for any other purpose or use that data to contact them about anything unrelated to that particular purchase.
Deleting someone’s personal data if requested.
Under GDPR everyone has the right to be deleted from your records and database – this is known as the right to erasure or ‘the right to be forgotten’.
Individuals can make a request for erasure verbally or in writing.
You have one month to respond to a request. You will need to delete their data from all your records as well as any third-party service providers, such as your email service.
If a customer asks to be erased from nuMONDAY, we may also contact you and ask you to delete them from your records and any databases.
In both cases, if you need to retain information about an order they have placed with you for your business or legal records, you can still do that but you will need to anonymise that data so there is no way of identifying the person (eg their name, email or postal address).
Paying the ICO Controller Charge fee – if required.
Any business that processes data may need to pay the ICO a data protection fee (unless they are exempt).
This is also called a Controller Charge.
Check to see if you should be registered with the ICO here https://ico.org.uk/for-organisations/register/self-assessment/