P2: describe the limitations and constraints of marketing
Sales of goods act 1979
The sales of goods act 1979 states that goods sold by a company or business must be as described, of a satisfactory quality and fit for purpose. This means that goods that have been advertised must be exactly the same as the advertisement, not damaged or broken on sale and also completes the task it was made to do. For example if you were to advertise a computer it has to work properly and have everything as described in the advertisement. The merchandise will have a return policy to return any products to collect a refund or trade it for another and this would usually be around 30 days. Should company’s hire purchase equipment but find it is faulty this is not included in the sales of goods act 1979 but instead any hire purchase equipment falls under the supply of goods implied terms act 1973. Should the product you bought not fall under any of these factors then the company who sold it to you is in breach of the sales of goods act and you could claim under this act.
For the NMM this could cause problems should the merchandise be broken or damaged because they bought it from the manufacturer which therefore is then held liable. If the NMM had a breach in the sales of goods act 1979 then this could have a big effect on their future business as people would be put off buying merchandise from them which would therefore lead to a decrease in profit from the products and potentially a big cost for the NMM should they be found guilty and have to pay out to the customer. This could also cause the government to rethink their contribution to the company as they will think that their money is going to dodgy merchandise and cut the funding at which point the NMM will struggle to keep the exhibitions open because they no longer have the money to keep them open which could as an end result lead to the closure of the museum.
For MT this would also cause problems with their reputation but this would also cause bigger problems for other merlin owned attractions, as it would damage the reputation for their high quality standards and outstanding services. MT is not government funded like the NMM so they will still be able to run however should people find out about the breach claim then people would be put off buying the merchandise as they would believe it is of a low quality or always damages goods are sold when they aren’t. this would therefore cause them a problem in the long run with merchandise and how their customers will see the attraction.
The consumer protection from unfair trading regulations 2008
There are three main sections to this regulation and they are as followed: * The general ban on unfair commercial practises * Misleading and aggressive practises which are assumed in light of the effect they have, or are likely to have, on the average consumer. * The black list which contains the list of those practises which are unfair and thus banned.
This means that all customers receive a fair treatment and honesty from the provider/company. A company or business cannot use aggressive sales techniques or any dishonest promotions such as a closing down sale when they aren’t actually closing down as this can be seen as misleading the customers and therefore is wrong.

For the NMM this means that if they were to talk to a customer aggressively or lie about a products or merchandise, then they can be held for a breach in the consumer protection from unfair trading act and this therefore means they can be taken to court for it and this could also cause other customers to be put off buying anything from the shops or cafes because they don’t want to be treated unfairly or lied to by a company, this also may make them feel pressured into buying something they don’t want.
Consumer credit acts 1974 and 2006
The Consumer Credit Act 1974 states that some businesses may lend money to consumers or offer goods or services on credit to help them in financial hardship or if they are genially struggling. However they need to have a licence to do this and Trading without a is a criminal offence and will be given a fine or worst case scenario imprisonment. The Consumer Credit Act also regulates credit card purchases and gives you protection when you enter into a purchase, loan or hire agreement with the company itself. This could be a credit card agreement when you take a credit card out or even a store card; You have a 14 day calling off period when should you have changed your mind you can cancel the credit agreement. This act would also include not keeping customer credit card details if they have purchased anything online or within store. The Key information that has be given to the customer before the agreement is signed include: * the amount of credit or the credit limit on the system or card * the duration of the agreement * the APR (annual percentage rate) * timings of repayments
For the NMM this would mean that people would have to trust them to ensure that any credit card details have not been kept on the system should they return as this is breaking privacy rules and regulations as well as obtaining data that shouldn’t be kept by the company. This could ruin the relationship between the clients and company as this would mean they lose trust in the company itself.
Consumer protection (distant selling) regulations 2000 and 2002
The Distance Selling Regulations protect your consumer rights when buying products from a distance, this would include3 services such as online or over the phone. The seller or company selling merchandise has to lay out basic information for the customer to see. This information can include: * a description of the goods or service on offer * the price of the good or service clearly displayed with no hidden fees * any delivery and cancellation rights the customer has * information about the seller themselves
This information be set out in the terms and conditions, however if you should be buying goods over the phone the seller can provide the information verbally should the customer want to know any of these details.
For the NMM this would mean that they have to display prices including tax and a clear description of the good that the customer wants to buy online and in the shop itself. This also means that should a customer order something online and receive a different product to what they bought then they are qualified to return it for a refund or credit with the place of purchase. Should the NMM not follow any of these points then the company can be held liable for miss-selling the product and therefore can be fined a hefty charge and they might even lose customers due to their mistakes.
Consumer safety act 1978
The consumer safety act of 1978 states legal safety standards to minimise the risk to the consumer from potentially harmful or dangerous products. This means that you can’t sell any harmful products and should there be a danger to any customer with a product this must be stated clearly. For example this would be the stickers on toys wrapped in plastic saying that it is dangerous for aged 5 or under as it is a choking hazard.
For the NMM this means that they have to show all products with plastic wrapping as a choking hazard especially to people under the age of 5 however should this not be shown the NMM can be sued for negligence on health and safety issues
Weight and measures act 1951, 1963 and 1985
This act makes it illegal for businesses to give short measures or short weights something to consumers. Meaning this act states that if you advertise something as a certain weight then you have to ensure that it is at that weight. For example if you advertise a 500ml bottle of water then it has to be of that volume and it would be the same for anything that has a weight or measurement on it.
For NMM this means that they will have to advertise the right weight or measurement and ensure that what they are selling are of that weight or measurement as this could result in reports to the local government and henceforth a possible fine of £5000.