PC Association General Guidance & Code of Practice
The Joys of Buying Direct
Purchasing a computer product directly from a manufacturer
or a local dealer can be a low cost, efficient and highly effective
way of getting hold of top quality products; but not all suppliers
operate to the same standards - giving rise to an element of
risk. By giving guidance to buyers through it's Code of Practice
the Professional Computing Association reduces the risks and
strengthens the marketplace.
What is the PCA?
The Professional Computing Association is a trade association
of companies, both big and small, which are involved in the
PC business. Although many members are 'trade only' manufacturers
and distributors, about half of the PCA's members sell direct
to users. Whether they are locally based dealers or nationally
focussed direct sellers operating off the page or via the internet,
they must all demonstrate exemplary levels of service and methods
of operation. The Association recognises that quality of product
and service is not necessarily related to the amount of business
that a company does. PCA members who are dealers or direct sellers
come under the guidance of the Code.
Why a Code of Practice ?
Members agree to operate within a Code of Practice, which was
prepared following consultation with such bodies as the Office
of Fair Trading and the Trading Standards organisation. It details
the minimum levels of service you'll get from a decent supplier
and highlights some of the extra benefits you'll get when you
buy from a member. Members aren't limited to the levels of service
outlined in the Code where to go further would result in higher
levels of customer satisfaction.
Supporting the Code of Practice
Members should display the Association's logo in their advertising
and on their correspondence. If a company is not a current member
of the Association they may not make use of the Association's
logo nor may they infer by any means that they are part of the
Association.
Terms and conditions
Members' terms and conditions of supply will be legible, comprehensive
and comprehensible, and will clearly indicate guarantees and
warranties. Written quotations, with payment details clearly
shown, will be supplied if requested and will be fixed and open
for the period stated.
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Methods of Trading & Promotion
Members will operate within the Sale of Goods act and comply
with the British Codes of Advertising Practice and Sales Promotion
Practice; specifically members will ensure that where, by means
of advertising in national daily press, goods are offered for
sale to the general public VAT inclusive prices will be clearly
indicated in accordance with the recommendations made in the
Code of Practice for Traders on Price Indications. Members should
not, in their advertising or marketing, make direct damaging
reference to the products or services of any competitor, whether
or not that competitor is a member of the association, unless
the member concerned is prepared to substantiate such references.
Where performance comparisons are used the member must make
every effort to ensure that comparisons are fairly based, including
both price and performance information as well as any relevant
specification differences.
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Delivery Times
Unless otherwise advised, a member's delivery time - (the period
between cleared funds being received and goods being available
for shipment or collection) will average no more than 14 days
- notwithstanding the method of payment agreed upon. Members
must maintain records that will enable the PCA to gain a reasonably
accurate history of their average delivery times, should that
be necessary. DELAY IN DELIVERY If a previously quoted delivery
time is likely to be exceeded the member will take steps to
promptly notify the customer.
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Credit Card Payment
Where business is done using a credit card the member may, with
the agreement of the customer, take an initial deposit at time
of order. This deposit may be up to but not exceeding 10% of
the full invoice value of the goods. The balance may be debited
not more than 3 days prior to despatch/pick-up of goods. Members
will clearly indicate at time of order the full details and
procedures for payment. Where credit card payment is made, members
will stick to the terms and conditions of whichever credit card
company the customer is using. SAFEGUARDING PRE-PAYMENTS Members
should take reasonable steps to safeguard pre-payments, especially
those from personal purchasers that are not otherwise safeguarded
(e.g. by being made by credit card.) Members who subscribe to
the PCA PRE-PAYMENT PROTECTION SCHEME may only advertise this
when they have satisfied the requirements of the scheme.
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Pre-Payment Protection Screen
The scheme requires participating members (those who are allowed
to use the Payment Protection logo in their advertising), to
reserve - by means of a Bank Guarantee - a sum of money which
can be used only by the Association. The amount will vary according
to the turnover of the company concerned. If that member cannot
meet its debts and has a receiver appointed, then the PCA can
call upon the reserved money, which won't go to anyone else,
and will use it to repay (fully or in part) personal purchasers
who have pre-paid by personal cheque, or by bank draft, and
who have not received the goods ordered. All eligible customers
who notify the PCA of their claim within two months of the receiver
being appointed will be considered for refund. All valid claims
will be met to the same total percentage value, taking into
account repayments that claimants may have received from other
sources. Buyers should be aware that most computer magazines
operate mail order protection schemes (MOPS) which also provide
financial protection, and are urged to investigate and make
use of those schemes.
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Delay Causing Claim for Refund
In the event of any delay causing a delivery time longer than
that which was originally agreed, and if full or part pre-payment
has been made (cleared funds received), members recognise that
the customer is entitled to request a refund of all pre-payments.
Any refund due will be made by the member without undue delay
and wherever possible by the same means as was originally used
for payment.
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Quality Control
Members must operate quality control procedures appropriate
to the goods being sold. Details of the QC procedures will be
supplied to customers upon request.
Dealing with customers general
Members will ensure that staff who deal with customers are appropriately
trained. Escalation procedures for sales enquiries, support
& technical issues and customer services matters should
ensure these issues are handled smoothly efficiently and promptly
by appropriately trained staff. In the event that the member
does not have appropriately trained staff of his own he must
make suitable arrangements with third party suppliers. Members
must ensure that sales, support and technical staff have or
have available to them appropriate expertise on any hardware
product currently being sold (unless that product is specifically
excluded in advertising and relevant marketing materials). In
this instance "appropriate expertise" is taken to
mean the ability to translate the products' features and performance
into terms that a typical user or potential user of that product
would find understandable. Any "own brand" product
sold by members will be eligible for technical support for the
lifetime of that product. In some instances "special offer"
items may be sold which are not covered by lifetime support,
in this case the item(s) concerned must be specifically excluded
from lifetime technical support in any relevant advertising
and also in any written quotation and invoice.
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Money Back Guarantees
In addition to the customers' legal right to request full refund
for faulty goods, all PCA members must offer some form of money-back
customer satisfaction scheme, details of which are available
from the member concerned. Such schemes may, at the discretion
of the member concerned, have a charge for restocking when goods
are returned not being faulty, and might carry a re-furbishing
charge when work is necessary to return the goods to saleable
condition as a result of their use or handling by the customer.
Re-stocking charges must not exceed 10% of the value of the
goods and re-furbishing charges should be the actual cost of
making good. Members might, as detailed in their individual
terms and conditions, exclude from refund schemes software which
has been used or registered or has been opened. Notwithstanding
the foregoing, members may not attempt to limit the rights of
customers under the Sale of Goods Act. Members may not delay
unduly the issuing of a returns authorisation either for faulty
goods or for returns made under their customer satisfaction
scheme.
The PC Association Code of Practice
Speedy solution
Members must take all reasonable steps to promptly resolve customer
complaints and disputes, recognising that prolonged disputes
are bad for their business and bad for the standing of the Association
and its members as a whole.
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Trading Standards Departments
The PCA recommends that members should maintain routine contact
with their local Trading Standards Department.
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Responding Promptly
A customer's complaint should be recorded. If a complaint is
made in writing a response must be made within 14 working days.
Members will respond in the medium that the complaint is made
in.
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Maintaining Records
A manager with executive authority will be made aware of formal
complaints received by the company, and records will be kept
by the member to enable meaningful statistics to be compiled
with regard to customer complaints. The member must have the
ability to track any particular complaint through their complaints
procedures.
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Solving Disputes
The PCA cannot become involved in any dispute centered round
a supply date prior to the member joining the association. If
the member and the customer cannot satisfactorily resolve an
issue, having clearly made realistic efforts to do so, the PCA
is willing to help and give impartial guidance to either or
both parties and to offer the services of conciliation. Should
a complaint become a matter of dispute requiring third party
assistance, members agree to co-operate fully with Trading Standards
Departments, Consumer Advice Departments or others in attempts
to find a solution.
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PCA Conciliation - Procedure
If the customer remains unsatisfied with the action taken or
solution offered by a Member then the customer may make a written
request for the PCA to become involved, enclosing a brief, clear
statement of the facts as interpreted by the customer. The PCA
will then attempt to negotiate a fair, reasonable and mutually
acceptable settlement. Members will co-operate fully with the
PCA in the search for a settlement. PCA officers and Directors
will not reveal details of any disputed issue to any outside
party. To make a complaint now, click here.
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PCA Supported Arbitration
Notwithstanding the outcome of any conciliation, the Chartered
Institute of Arbitrators offers arbitration services for both
personal and business customers of PCA members, as a low cost
alternative to court action. Should arbitration be chosen by
the agreement of both parties, both the member and the customer
must comply with the judgement of the Arbitrator, which is legally
binding. The Arbitrator will take into account the provisions
of the PCA Code of Practice where this is relevant.
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Arbitration for Personal Customers
The cost to personal customers of this service (apart from any
award that might be made) will be £100. The service does
not cover any consequential losses claimed by the customer.
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Arbitration for Business Customers
For cases involving business customers each of the two parties
(member and customer) will pay their own costs and share of
the arbitrators fees. Further details of the service are available
on request.
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Costs of Arbitration
The association may, subject to its rules as varied from time
to time, require repayment by the member of sums paid by the
association to the Chartered Institute of Arbitrators or, as
a result of Arbitration to the member's customer, on behalf
of that member. In any case the member will pay the registration
fee as set by the arbitrator, and will pay direct to the customer
any sums awarded by the arbitrator.
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Arbitration and Subsequent Member Insolvency
Should a member of the association go out of business subsequent
to a dispute(s) being referred to the Chartered Institute of
Arbitrators and if that member is thereby unable to meet such
award(s) as may be made by the arbitrator the association will
meet the award(s) subject to a maximum of £1,000 in respect
of any one case, £2,000 in respect of any one member,
and £5,000 in total in any one year.
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Complaints Where Breaking of the Code of Practice is Alleged
Any member of the public who believes that a member of the Association
is breaking the PCA Code of Practice may submit a detailed written
complaint to the association. All such complaints will be investigated
and an initial (or full) response will be made within 21 days.
If further investigation proves necessary any additional response
will be made within 90 days. Members authorise investigation
of complaints by the PCA and will co-operate fully in such investigation.
Where information is disclosed that may be of a commercially
sensitive nature it will be handled in confidence by the association
and will not be disclosed to any third party.
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Disciplinary Action
If a member company cannot prove that it has rectified those
aspects of its operation deemed by the Directors of the PCA
to contravene the rules membership criteria or Code of Practice,
and having been given due opportunity, by means of formal warnings
to rectify those relevant aspects the member will be asked,
following majority vote of the board, to resign. Failing resignation
the membership of that company will be withdrawn. No company
that has resigned orad membership withdrawn will be reconsidered
for membership of the Association for a period of 12 months
from the date of the previous termination of their membership.
If membership is resigned or is withdrawn a second time within
36 months of the first withdrawal then it will be for a minimum
of twenty four months. No company whose membership has been
withdrawn three times may subsequently become a member of the
Association.
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Publication of Activities
The Association will publish annually a report summarising its
activities, including complaints received and their outcome,
as well as a summary of cases referred to arbitration. Such
information will also be reported to the Office of Fair Trading
and will be made available to the press and the public upon
request.
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Improvements
The association aims to advise its members how their services
may be improved and with this in mind will periodically assess
consumer satisfaction.
