Code of Practice
1. This Code binds all Members in their dealings with Customers who buy for their own use and enjoyment and are therefore in law ‘consumers’ of the goods or services supplied by Members.
2.1 All goods for sale shall have the full VAT-inclusive price indicated clearly on a label or ticket attached to or immediately adjacent to the article in question; or, where this would be undesirable in any particular case because of the increased risk of theft:
(a) the full price of the article in question shall be entered on a price list or stock book which is available for inspection at all times during business hours by members of the public on request, and
(b) there shall be a prominent Notice placed nearby stating ‘WRITTEN PRICES OF ALL GOODS OFFERED FOR SALE MAY BE EXAMINED ON REQUEST’.
2.2 Any Customer buying goods marked with a price reduced from a previous price may assume that the Member is aware of and complying with the current legislation on false or misleading price indications.
DESCRIPTIONS AND ATTRIBUTIONS
3. The Member shall give to the Customer as much clear and accurate information as is reasonably practicable about the article in question, and this shall normally include:
The approximate date or period (e.g. Regency, Art Deco) of manufacture or, if hallmarked/date-marked, the actual year;
The material in which the article is predominantly made (e.g. walnut, bronze, oil on canvas);
The maker or artist’s name, if known, together with any provenance if known;
Any major restoration or later additions.
4. On a sale being agreed description details as indicated on the label and as elaborated orally (if applicable) shall be written down, in a proper invoice showing the name, address, telephone number and VAT registration of the Member and date of issue.
5. Customers may assume that Members are aware of current legislation against false or misleading trade descriptions of goods or services, misleading price indications and other legislation aimed against the sale of stolen goods, fraud or money-laundering, and the meaning of ‘due diligence’ in each such area, and to have trained all sales staff appropriately.
6. If a Member accepts a deposit as part payment for specific goods to be collected and fully paid for later, the date and full details of the transaction shall be recorded with a copy for the Customer in writing, including the date by which full payment must be made and the consequences of default (e.g. possible forfeiture of deposit and right to resell).
7. Members are prohibited from making unsolicited visits to private domestic premises.
SUPPLY OF SERVICES
8. Where a Member’s business is primarily to supply services (such as packing, shipping, valuations or restoration) to Customers such supply shall conform to ‘best practice’ in the relevant sector and Customers shall be given in writing a quotation for the supply in question together with the date and where possible time of delivery.
9. Members have no authority to act on behalf of LAPADA or speak for it unless specifically authorised by the Directors, nor does membership of LAPADA imply any guarantee of authenticity.
10. Valuations carried out professionally (i.e. for a fee) shall be provided in writing, signed and dated, and worded to indicate clearly whether they are for insurance (replacement cost) or for probate (net realisable value).
11. Members must comply with the British Code of Advertising and Sales Promotion and any other Codes of similar standing.
12. Where a dispute arises between a Customer and a Member which they have been unable to resolve, the LAPADA Conciliation Service is available to either party (under the scrutiny of an independent supervisor) as a prompt conciliation facility. Details may be obtained from: LAPADA, 535 Kings Road, SW10 0SZ.
13. Any member found to be in breach of the Code may be subject to disciplinary action, up to and including revocation of membership.
The Lord de Mauley, Chairman
ATTENTION IS EXPRESSLY DRAWN TO THE FACT THAT NOTHING IN THE ABOVE CONDITIONS SHALL AFFECT THE LEGAL RIGHTS OR OBLIGATIONS OF ANY PARTY TO A DISPUTE