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JGM, Solicitor
Category: Law
Satisfied Customers: 12196
Experience:  30 years as a practising solicitor.
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I recently asked about garden relaxer cushions if they

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I recently asked about garden relaxer cushions if they have to comply with (Fire Safety) Regulations 1988/1989, 1993 and 2010 and received an answer that if the furniture can be physically brought into the house than yes but if not they do not have to comply.
My question is if garden swing cushions do have to comply with this laws as garden swing cannot be used inside the house and the cushions can only be used on this swing?
Thank You.
Thank you for your question.
In practical terms the swing could be used in a conservatory, for example, and therefore could be used indoors. My view is that the cushions supplied with such an item should comply.
Happy to discuss.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

I bought some stock from Poland and I didn't know that garden cushions have to comply with this regulations.

I have sold some already and got a message form one of the customers that they should be tested and labeled. This question was regarding relaxer cushions so I have stopped the sale until the test is done and I can have a look at the results.

I have sent some sample relaxer cushions for testing to FIRA but what if they won't pass this test?

What penalties could I face and if I cannot sell the stock how should I legally dispose it?

I currently have garden swing cushions still on sale because I thought that they do not have to comply as they are a part of a large swing that cannot physically be brought indoors.

What is Your advise? Should I stop this sale as well? I did not intend to break the law that is why I want to make things right but I don't want to go bankrupt as well and this could happen as I have plenty of stock of this type.

These cushions inside or outside have to comply with BS5852 fire safety standard and if they do not they can't be sold in the UK. You could risk prosecution if they don't comply, I'm afraid.
You may be able to sell it out with the country but that is something I can't specifically advise on.
Customer: replied 2 years ago.

One last question.

Are You absolutely sure that garden swing cushions have to comply as well or is there any, even the smallest doubt that they might be ok to sell without testing?

Yes I am quite sure about this. Any garden furniture and upholstery which could be used inside, such as in a conservatory, has to comply. See the following:
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