WEEE: Questions to ask in case you sell Electrical or Electronic Equipment

I only sell second-hand equipment. Am I a distributor?

Distributor obligations only apply in relation to the provision of EEE that has not been

previously placed on the UK market. However you will still require licences to operate

I sell only ex-demonstration, mail-order returns, open-box or surplus EEE. Am I distributor?

Yes, ex-demonstration, "open box" EEE and mail-order returns are regarded as new

EEE and therefore normal distributor obligations apply.

I provide Electrical & Electronic Equipmen incidentally to my main business (credit card rewards, loyalty bonus, and advertising). Am I a distributor?

Yes. If you provide EEE to household users on a commercial basis, then you are a

distributor.

If I allow take-back, do I have to allow consumers to bring back any Waste Electrical & Electronic Equipment

Consumers may bring back items of equipment which they are replacing with an

equivalent new product on a like-for-like basis. If you offer take-back you must do this

for all types of EEE you sell. So, for example, a consumer buying a new microwave

oven would be entitled to take-back of one old microwave oven as WEEE. You would

not be expected to take back a completely different type of equipment, for example a

washing machine for a DVD player.

What is "equivalent" Waste Electrical & Electronic Equipment?

Distributors are expected to adopt a reasonable interpretation of equivalence. For

example, a customer really should be allowed to bring back an old video cassette recorder

when purchasing a new DVD player/recorder, as even though this is not strictly a like-for-

like replacement, the new product is intended to fulfil the same function.

How long after a purchase need to I give consumers to bring back their Waste Electrical & Electronic Equipment?

The WEEE Regulations do not lay down a minimum period for which take-back need to

be offered. However, given that it is unlikely that customers will carry WEEE with them

while shopping, distributors are should accept WEEE within a reasonable period following a sale (e.g. 28 days). You may wish to endorse the sales receipt to govern

deferred in-store take-back of WEEE

Are faulty items returned to me classed as Waste Electrical & Electronic Equipment?

No. Items intended for repair and return to use are not regarded as waste. However,

once it becomes clear that items are beyond repair and hence are to be discarded they

ought to be regarded as WEEE. From this point they really should be dealt with in accordance

with the WEEE Regulations.

Can I charge customers if I offer collection-on-delivery services?

It remains at the discretion of retailers whether to charge or not for any collection on

delivery services that they provide to consumers, but any such services would not fulfil

your take-back obligations.

How do I do take-back if I am a mail order distributor?

Distance sellers must either join the DTS, offer in-store take-back through one of their

local stores (where these exist) or provide the customer with an alternative local route

for free take-back. The distributor must tell customers how they can dispose of WEEE,

for example via their catalogue, website, sales receipts, or through a leaflet included

with the purchase.

The producer demands a large product display to show his recycling costs. What need to I do?

The WEEE Regulations give producers the right to display any costs associated with

recycling historical WEEE. A distributor of EEE may not obscure or remove a sticker on

the product, but would not be obliged to erect an in-store display with the costs.

Producers and distributors may negotiate between themselves the appropriate means

of display.

At Be Seen Go Green, we offer solutions for a variety of Environmental issues.

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