The Consumer Rights Act 2015 replaced three previous pieces of legislation, namely Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations, and the Supply of Goods and Services Act. In this blog we look briefly at what the Consumer Rights Act says and what remedies are available for any breaches;
The Consumer Rights Act 2015 (CRA) provides the following:
• 30 days to get a refund. If an item is faulty within the first 30 days it can be rejected and you can ask for a refund.
• If you have faulty goods, the CRA states your right to a refund depends on long you have had the product.
• If a retailer has tried to repair your item and they have failed you are entitled to a refund or a priced reduction.
• If you decide that none of the above are acceptable then you can ask for a second repair or a replacement product.
• A retailer should not make any deductions from a refund in the first 6 months, save for motor vehicles where a reasonable deduction will be allowed.
• Digital content rights This new law gives consumers rights in relation to online digital content that is paid for.
• Key terms of a contract must be clear and understandable. If they are not you could complain to the Trader. As a last resort you could take the Trader to Court for them to decide. If a Court decides it is an unfair term they may decide that the term must be disregarded or that the whole contract is void.
• If a retailer provides pre-contract information in relation to a service and you rely on this information, then such information must be accurate and the service provided must reflect the information.
• If it is a service that you are unhappy about and the service does not satisfy the criteria of the CRA then the trader may need to redo that part of the service again at no cost to you or if this is not possible then you may be entitled to a reduction in price of up to 100% of the price
• All products must be of satisfactory quality, fit for purpose and as described.
• Goods should not be faulty or damaged when you receive them.
• The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods.
• The goods supplied must match any description given to you at the time of purchase.
• One of the important inclusions within the CRA is that if a fault is found within the first 6 months from purchase, the burden is on the retailer to show the problem was not present at the point of sale.
• After six months or ownership the burden passes to the consumer to show the product was faulty at the point of purchaseal element
• If you feel that the item you have purchased does not satisfy the terms of the CRA, contact Legalsolutions4u as you may have a claim. We may be able to provide you with specimen template letters to assist in your claim.
• If you want to make a claim under the Consumer Rights Act, you have a number of ways to resolve the issue. Contact Legalsolutions4u if you need any assistance.