A guide for sellers and buyers alike

Found this on Facebook wonder how many items for sale on Folksy have been tested.

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@Caroleecrafts Its so good to see things like this being shared on Facebook and other platforms. There is a massive viral trend for crochet soft toys at the moment and the number of clearly unsafe or mislabelled toys I see on selling platforms and photos from craft fairs is scary to say the least. I am just in the process of testing some new soft toy designs and I do keep sharing some of the processes and the necessity for testing on my FB page in the hope some other makers see it and investigate the legalities and processes of self testing :slight_smile: xxx

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Falls on deaf ears Sharon. Probably have no pli when they lose their homes will wonder why!

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I have had to change my insurance company as my old one didn’t provide cover for self certified UKCA tested toys. I fancy some folks are not even aware that they need insurance at all to sell their handmade toys. All we can do is keep trying to educate folks when we can :slight_smile: xxx

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That is the difference between genuine business and a lot of hobbyists, not all as some bother but others do not.

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Thanks so much for sharing Caroline @Caroleecrafts. Glad there is becoming more publicity.

I hope awareness is growing among event organisers and craft shops too, as well as makers themselves. In case people aren’t aware, home made toy makers don’t need to provide their detailed testing documents to sell in the UK (unless asked by Trading Standards), but they must attach the UKCA labels for the consumer to see before buying (visible at the point of sale - even online). And they should be prepared to show their signed Documents of Conformity (their legal statement that they have tested the toy and it passed) if asked by a event organiser or a shop or selling platform.

I was in a local craft shop before Xmas, discussing whether to sell my items there (toys and non-toys etc) . They had just taken in a batch of 3-d printed toys from a regular seller. I could see they didn’t have the required UKCA labels, so I “innocently” asked what was the shop’s policy on accepting toys that hadn’t been tested. I showed them that my items had the UKCA labels which also have my contact details on them - another legal requirement.

They looked very cagey and said it was the sellers responsibility. When I explained that it is illegal to sell untested toys they said these were adult items - despite just a few minutes previously saying they would look lovely in the kids Xmas toy section :roll_eyes:. They knew exactly what they were doing, yet they still put them on display. I told them I didn’t want to sell my items alongside untested toys and walked out.

I’ve also pulled out of handmade craft events where the organisers don’t ask if things are tested or not. I do still do the lovely vintage events, but that’s a different sort of set up and I wouldn’t consider selling my toy items there.

On Folksy - I must admit I am in a dilemma. It’s a lovely platform and I really want to sell my toys here. But I feel I am applying double standards.

Admin do have good advice on toy testing in their blog, and there is now a section in the listing form where sellers are supposed to declare that toys are tested - as well as the opportunity for us to show our UKCA labels in our photos. But there is nothing to actually stop someone listing an untested toy - whether knowingly or in ignorance. And we even have a section in the main menu called Dolls and Collectibles - where toys for kids that legally must be tested are jumbled in with items for grown ups that don’t need to be. Easy for both sellers and customers to get confused.

Interesting point on insurance Sharon @OhhhWhatAYarn and whether people selling hand made toys realise they need it. I’d expand that to all crafters. Although things like toys, clothing and bedding for children are probably the most risky (alongside food, make-up and toiletries), everything we make can potentially cause harm. I’d recommend every hand crafter should have Product Liability Insurance. And that they risk assess their items against UK General Prodct Safety Regulations, and do regular quality assurance tests.

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I’ve seen quite a few posts on fb today where people are panicking about what they sell and testing. As if this is a new thing when all this was already law.

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There are quite a few sellers of toys on Folksy with no CE testing in place, personally I don’t think anyone should be allowed to sell on here if they don’t have relevant testing, I worked in health and safety for 14 years, ignorance is costly in more ways than one. I don’t understand sellers who just open a shop without first checking what they need in order to sell their products, no CEtesting, no insurance etc. HSE do look on platforms and will prosecute but more importantly is the potential hazard to a child’s life and I know I have said it before but ignorance is not an excuse. I read a report from Which that stated over 75% of toys sold on online platforms are not safe to sell and I doubt many buyers will be aware of it. I would like to see platforms checking shops and asking whether they have insurance and any relevant testing in place, in the article from Which it was mentioned that as Regs change they are calling for all platforms to share liability, it might be in Folksy’s interest to put some procedure in place to check whether sellers have adequate measures or not, even if it was just to advise sellers and point them in the direction of the details on their blog.

Many craft fairs have controls in place so that only stall holders with adequate testing and insurance can sell with them, I don’t understand why platforms are not doing the same, I’m hoping this changes soon and that platforms have to also take responsibility by having adequate checks in place to stop people opening shops with non compliant items.

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The way I see it is if any shop ends in trouble, not all but some will say ‘well I was never asked those questions when I opened a shop’. Would it not be better than on a blog or add listing that confirmation a potential seller has to tick and confirm the insurers name that they are covered and if selling any of those mentioned that again tick to state compliant with a reference number that can be checked if need be. If after that there is a problem they opened a shop with fraudulent information.

Plus if shops are compliant why is that not in the description. If I needed and sold toys I would be pleased to let people know as irresponsible sellers pulls the whole site down.

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Caroline @Caroleecrafts I would be more than happy to share my Declarations of Conformity with Folksy and show them proof of my insurance (as I would have to if I was trading at most craft fairs now). I know the insurance subject is not just a toy thing, anyone selling on here should have public and product liability insurance so maybe it would be a bit unfair to only have toy makers provide proof of insurance, but as I say I would be more than happy to show them mine :wink: xxx

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I meant that everyone who signs up has to confirm they hold pli along with the insurers name. Not just toys, sorry if that came over wrong. It needs to be part of the shop opening process for all. Maybe also when shops are due for annual renewal again you have to confirm pli and testing if you need to.
I have to confirm my pli somewhere else, larger than Folksy so not that difficult and computers now would throw out anyone that has not ticked that box and freeze the shop.

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ah gotcha :wink: and yes I agree :slight_smile: xxx

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Absolutely, at the end of the day those shops that are compliant will have no issues providing the information, the only people that will complain about having to be checked are those that are not compliant. A simple tick in a box for insurance with insurers name and policy number is all that is needed and yes every seller should have insurance. I have also reported shops that sell food that don’t have ingredients listed, I think the more a platform can do to protect the public the better, once again it brings us back to the vetting of shops and I can’t see that being done until regs change and the platforms no longer have the choice.

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Sadly you are right Debby. Could be too late by then.

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It isn’t a legal requirement to have Public and / or Product Liability - it’s up to the individual to understand their exposure, the likelihood of the risk / loss and its possible impact, and then decide whether they’d like to buy insurance to offset that risk. That’s the very first principle of risk and insurance.

Absolutely agree that people should make the effort to get informed and then apply their own brain to the question of whether or not they should buy insurance. The first part of that is where there seems to be a giant stumbling block at the moment and frustrating as that might be, you can’t police it.

It’s also a worry how many people out there buy an insurance product without really understanding how it works and if indeed they would be covered in the event of a loss (like the cover provided under the membership of the artists network that’s often recommended on this forum, for example).

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