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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I'm an online seller and just got a question form my customer

Resolved Question:

Hi.
I'm an online seller and just got a question form my customer regarding products that
I sell which are garden relaxer chair and garden swing cushions.
Customer wants to find out if my products comply with Fire Regulations.
As far as I was able to research the issue myself online it looks like garden
furniture cushions do not have to comply with those regualtions as long as they'll be used
in the garden but I'm not sure if this is correct if we are talking about the relaxers.
Nobody will put a garden swing in their home but what about garden relaxer?
I would not think that anybody would have a garden relaxer at home but it is possible
to do so so what is the law saying bout this issue?
Submitted: 1 year ago.
Category: Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
Thank you for your question. Any furniture for garden or outdoor use which may also be used indoors must comply with the Furniture and Furnishings (Fire Safety) Regulations 1988/1989, 1993 and 2010.
So your garden relaxers must comply with the regulations as they may be used indoors as well
The law is summarised here
http://www.firesafe.org.uk/furniture-and-furnishings-fire-safety-regulations-19881989-and-1993/
All the best
Customer: replied 1 year ago.

Are those Regulations same for all EU countries?

Those products were produced in Poland from fabrics made in Italy and they have all valid EU certificates but would they be valid in the UK?

Is Furniture and Furnishings (Fire Safety) Regulations 1988/1989, 1993 and 2010 law an international EU law and would those EU certificates be

accepted in here?

Thank You.

Expert:  UKSolicitorJA replied 1 year ago.
The UK regulations are domestic law, not EU law and therefore you would need to comply with the UK regulations as far as labelling your products etc is concerned.
Under the European General Product Safety Directive, the manufacturer in Poland has an obligation to ensure that the products are fire resistant but in the UK, the buck stops with you to ensure you comply with the UK regulations or you could risk prosecution by Trading Standards if the customer complains to them.
All the best , please leave feedback
Customer: replied 1 year ago.

One last question.

As those garden relaxer are supposed to be used in peoples gardens and not inside homes if I would state on my website that they are not suitable for indoor use and should only be used outdoors on garden furniture and cannot take responsibility for indoor use would that change anything?

Expert:  UKSolicitorJA replied 1 year ago.
I am afraid you cannot control how people use your products and such a disclaimer would not hold up in court, although there is nothing stopping you from putting it up.
All the best
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