FAQs: Distributors
The FAQs featured here are taken from the recently published WEEE Guidance notes which can be downloaded here. You may also want to refer to the WEEE Regulations.
I sell EEE directly to household users. Am I a distributor?
Yes.
I sell EEE only to non-household users for their own use. Am I a distributor?
Yes, but distributor obligations do not apply in relation to sales of non-household EEE. However your customers may ask you for information about the registered producer of the EEE, and that producer may ask you for information about non-household customers and sales so that they can report their sales correctly.
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.
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 EEE 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 WEEE?
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’ WEEE?
Distributors are expected to adopt a reasonable interpretation of equivalence. For example, a customer 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 should I give consumers to bring back their WEEE?
The WEEE Regulations do not lay down a minimum period for which take-back should 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 WEEE?
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 should be regarded as WEEE. From this point they should be dealt with in accordance with the WEEE Regulations.
Where do I find the information that I need to display to customers?
The DTS will provide its members with this information in a standardised format. Non-members must ensure they clearly show the customer that they offer in store take-back.
Can I charge customers if I offer collection-on-delivery services?
It remains at the discretion of retailers whether to charge or not for collection on delivery services they provide to consumers, but do 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 should 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.