Trade Advice Document

This guidance is for England, Scotland and Wales

Be aware that buying goods at one-day sales, from pop-up shops, pedlars or street traders can be a risk; you may not get the bargain you hoped for.

When you buy goods from a trader, you are making a legally binding contract, which is covered by the Consumer Rights Act 2015. This law gives you rights and remedies against the trader if the goods are faulty, not fit for purpose or not as described.

WHAT IS A ONE-DAY SALE?

One-day sales are events, usually held in venues that have been booked for the day, where goods are offered for sale by traders at bargain prices. Some may be genuine but most are not. They are often run by slick, well-practised traders and a team of assistants who are expert in taking advantage of buyers' love of a bargain.

Typically, traders are not local. They will hire a venue such as a church hall or hotel or take a short-term lease on an empty shop in order to hold the sale.

Some people are tempted to attend a sale, generally advertised on social media, by the lure of huge discounts on brand-named goods, often electrical goods. Traders may also advertise on leaflets distributed only a few days before the sale itself. The event may be described as ex-catalogue goods, a bankrupt-stock sale or a warehouse clearance sale.

The trader's assistants may begin the process of whipping up excitement for the sale even before it has commenced by 'working' the queue of people waiting to enter the saleroom, chatting to them and building up the anticipation.

The trader usually conducts the sale from behind an elevated counter and invariably the goods are hidden from view so as not to allow the crowd to see beforehand what they are buying. Sometimes the potential buyers will pay to be 'locked' into the saleroom, fully expecting that only they will be the lucky recipients of a bargain. The trader may give 'sweetener' goods away or sell them at very low prices. This process is designed to heighten the anticipation of the crowd and prime them for the commencement of the actual sale.

A common practice is for the trader to use their assistants to pose as customers to mingle with the unsuspecting audience and then 'sell' genuine goods to them to reinforce the illusion that there are bargains to be had.

The buyers are given their 'bargains', which may be well-packaged to deter close and immediate inspection. They invariably turn out to be poor quality, inferior, unsafe, counterfeit goods or even empty boxes and certainly not the top brand bargains that the buyers were hoping for. The buyers are usually ushered out of the sales room and not allowed back in.

It may be virtually impossible for you to exercise your rights after you have bought from a one-day sale, unless it is a genuine one. A disreputable trader and their team will have packed up and gone and be extremely difficult to trace.

WHAT IS A POP-UP SHOP?

A trader who leases a vacant shop or other retail space on a temporary basis, typically ranging from days to several months, to sell goods. In other words, they 'pop-up' before closing down a short time later. Pop-up shops are often used by traders to sell seasonal goods, such as Halloween products, Christmas cards and gifts. They are becoming increasingly common and can bring variety to the high street.

When you buy from a pop-up shop, make sure the trader gives you their contact details in the event that the goods are faulty.

WHAT ARE PEDLARS AND STREET TRADERS?

Pedlars are traders who trade on foot, have their goods with them and sell door-to-door. Traders must apply to their local police station for a pedlar's certificate which must be produced on request. Check with your local authority whether pedlar's certificates allow street trading without a stall.

Traders who trade in the street should have a street trading licence issued by their local authority. Look for your local authority's policy on street trading; it may contain criteria such as prohibiting trading or retail sales outside the area specified in the licence, not trading or offering for sale any goods unless they have been permitted and not allowing auction sales.

WHAT ARE MY RIGHTS?

It is an important element of a contract that a trader must give you specific pre-contract information as set out in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The 'Buying from business premises: on-premises contracts explained' and the 'Buying at home: off-premises contracts explained' guides explain what these pre-contract requirements are. If a trader does not provide the required information, you can make a claim to have your costs (if you have any) reimbursed.

The Consumer Rights Act 2015 sets out what you are entitled to expect from goods supplied by a trader. These are commonly referred to as your 'statutory rights'. The law also gives you remedies against a trader if they fail to meet your expectations.

Key rights:

the trader must have the right to supply the goods to you. For example, they do not actually own them and cannot therefore sell them to you
the goods must be of satisfactory quality. The description, price, condition of the goods, fitness for purpose, appearance and finish, safety, durability and freedom from minor defects are all important factors when considering quality. Public statements, such as those in advertising or on labelling, made by the trader, the producer or their representative about the goods, must be accurate and can also be taken into account when deciding if they are of satisfactory quality
if you make a trader aware that you want the goods to be fit for a particular purpose, even if it is something that they are not usually supplied for, then you have the right to expect they are fit for that purpose
you have the right to expect that the goods are as described
if you see or examine a sample, then the goods must match the sample
if you see or examine a model, then the goods must match the model

Key remedies:

short-term right to reject the goods and obtain a full refund
right to a repair or replacement
right to a price reduction or a final right to reject the goods

The Consumer Rights Act 2015 does not entitle you to anything if:

you were told of any faults before you bought the goods
the fault was obvious and it would have been reasonable to have noticed it on examination before buying the goods
you caused any damage yourself
you made a mistake - for example, you ordered the wrong colour
you have changed your mind about the goods or seen them cheaper elsewhere

The 'Sale and supply of goods: your consumer rights' guide gives more information on your rights and which remedy you are entitled to.

Traders who operate one-day sales, pop-up shops or street traders may be trading 'on premises', which means the venue is considered to be their business premises for the purpose of the sale and the trader must therefore comply with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 when they sell goods to you. They must get your clear agreement if they want to charge you for 'extras'. Telephone helplines must only be charged at the basic rate. There are rules on delivery of goods and the point at which you become responsible for them. The 'Buying from business premises: on-premises contracts explained' guide gives more information.

If the trader organises a one-day sale or a pop-up shop, trades on the street or as a pedlar as an excursion away from their usual business premises, this is called trading 'off premises'. The Regulations above also apply to contracts made 'off premises' but you also have cancellation rights and the cancellation period is 14 days. See our guide 'Buying at home: off-premises contracts explained' for more information.

Under the Consumer Rights (Payment Surcharges) Regulations 2012, which were amended by the Payment Services Regulations 2017, traders are banned from imposing surcharges on consumers for using the following payment methods:

credit, debit or charge cards
e-payment services
bank transfer

Traders can impose a surcharge for other methods of payment - for example, cash or cheques, but the amount must not be excessive; it must reflect the actual cost to the trader of processing the payment. The Regulations apply to most sales and service contracts.

The Regulations give you rights to redress. Any requirement to pay a banned surcharge or the part of a surcharge that is excessive, is unenforceable by the trader. This means you do not have to pay. If you have already paid the surcharge, or the excess, you are entitled to a refund. If you have a complaint about surcharges, report it to the Citizens Advice consumer service.

THE GOODS ARE FAULTY BUT I CANNOT TRACE THE TRADER: WHAT CAN I DO?

If you pay for the goods by credit card and if they cost more than £100 but less than £30,000, you are protected by the Consumer Credit Act 1974. Section 75 of the Act makes the card provider as responsible as the trader for a breach of contract or a misrepresentation. You are entitled to take action against the trader, the card provider or both. This does not apply to charge cards or debit cards.

If you use a debit card to purchase the goods or if you use a credit card and the price of the goods is less than £100 (your rights under Section 75 of the Consumer Credit Act 1974 would not apply), you may be able to take advantage of the chargeback scheme. Chargeback is the term used by card providers for reclaiming a card payment from the trader's bank. If you can evidence a breach of contract (the goods are faulty or you cannot trace the trader for example), you can ask your card provider to attempt to recover the payment. Check with your card provider as to how the scheme rules apply to your card and what the time limit is for making a claim.

The venue owners have a contract with the trader for the booking of the venue only. The venue owners are not liable to you for the goods that you were sold. They may have contact details for the trader, although you should bear in mind that they may have been victims as well. It is not uncommon for the venue to be supplied with bogus details and not receive payment for the booking.

Carry out online checks and use social media to trace the trader; a pop-up shop may have an online presence and details of how to contact them.

If the trader is a pedlar, contact the police to see if they can assist. Your local authority may be able to help if the street trader is licensed; you can also report any unlicensed trading.

HOW CAN I AVOID BEING RIPPED OFF?

check the advertisement. Ask yourself who is holding the sale and whether you have heard of them
make sure you have a genuine address where you can contact the trader if you need to
why are the goods so cheap? Always check beforehand to make sure the goods you intend to buy are the top brands you are expecting them to be. They may be cheap, shoddy and even unsafe products
it is always good practice to shop around
ask the trader or the assistants why the goods advertised are not on display. Never buy goods you have not seen. If the trader is unhelpful, take it as a warning that something is not quite right
don't get caught up in the buying frenzy. Keep your wits about you and listen to what the trader is actually saying
don't assume that the goods are in working order, try and check them as soon as possible
contact your card provider if you paid by card
ultimately, you should consider not going to the sale or buying from a pop-up shop, pedlar or street trader

I'VE BEEN RIPPED OFF: WHAT CAN I DO?

The Consumer Protection from Unfair Trading Regulations 2008 prohibits commercial practices that are unfair to consumers. If a trader misleads you (for example, claiming goods are made by a particular designer when they are fake), engages in an aggressive commercial practice (such as using heavy-handed security staff) or engages in a trading practice that is banned under the Regulations, they may have committed an offence.

If you enter a contract because a trader misled you or because the trader used an aggressive commercial practice, the Consumer Protection from Unfair Trading Regulations 2008 give you rights to redress: the right to unwind the contract, the right to a discount and the right to damages. These rights are in addition to the rights you already have under the Consumer Rights Act 2015. The 'Misleading and aggressive practices: rights to redress' guide gives more information.

If you attended a one-day sale, visited a pop-up shop or bought from a street trader or pedlar and the goods you bought are faulty, not fit for a particular purpose, not as described, unsafe or you think you have been ripped off or defrauded, report it to the Citizens Advice consumer service.

IN THIS UPDATE

Guidance expanded to include pedlars and street traders.

Last reviewed / updated: January 2024

Key legislation

Please note

This information is intended for guidance; only the courts can give an authoritative interpretation of the law.

The guide's 'Key legislation' links may only show the original version of the legislation, although some amending legislation is linked to separately where it is directly related to the content of a guide. Information on amendments to legislation can be found on each link's 'More Resources' tab.

For further information in England and Wales contact the Citizens Advice consumer service on 0808 2231133. In Scotland contact Advice Direct Scotland on 0808 164 6000. Both provide free, confidential and impartial advice on consumer issues.

Trading standards

Trade Advice Document