What is the Law in Your Life?

5 things you should know about the Consumer Rights Act 2015 - Part 1

1.  The 2015 Act applies to contracts between a trader and a consumer, and not to business to business or consumer to consumer contracts.

2.  Under the 2015 Act, consumers will have new rights in respect of faulty or not as described goods, services and digital content

3.  Goods: Terms will still be implied into consumer contracts that goods will be of satisfactory quality, fit for a particular purpose, and as described. Businesses cannot contract out of these terms.  Consumers will have the “short-term" right to reject goods that are faulty or not as described within 30 days. Consumers will have the right to request that faulty or not as described goods are repaired or replaced (even after the 30 day right to reject period has expired). Consumers will have the right to a reduction in the price or to reject the goods after one unsuccessful repair or replacement.  Traders may be entitled to make a deduction in respect of any use the consumer has had of the goods before they are rejected in certain circumstances.  As a general rule, no deduction can be made if the consumer exercised their “final right to reject” within the first 6 months although certain goods are exempt from this rule, including motor vehicles.

4.  Services: Terms will still be implied into consumer contracts for the supply of services that: the service will be performed with reasonable skill and care, the price will be reasonable if not agreed, and the service will be performed within a reasonable period if not agreed. Businesses cannot contract out of these terms. If the service is not performed with reasonable care and skill, or it does not conform to pre-contractual statements made by the trader, consumers can require the trader to perform the service again to put it right. If a repeat performance is not possible or not repeated within a reasonable time the consumer has the right to a price reduction.  A consumer may also request a price reduction if services are not provided within a reasonable time.

5.  Digital Content: The 2015 Act introduces specific rights and remedies for paid for digital content or digital content that comes free with physical goods (but is not otherwise available for free). It does not cover internet or mobile services that provide access to digital content. Digital content must be: of satisfactory quality, fit for a particular purpose, and as described. If not, consumers have the right to a repair or replacement, or a reduction in price.  Businesses cannot contract out of these terms.  Consumers are entitled to claim compensation if the digital content supplied by the trader damages their electronic device or other digital content so long as the consumer can show that the trader did not exercise reasonable skill and care.  In these circumstances, the trader must either repair the damage or pay compensation to the consumer.