consumer rights act

Understanding the Consumer Rights Act 2015: A Guide

We have all experienced the frustration of purchasing an item only to discover it is not working. The situation becomes even more annoying when the seller refuses to provide a refund. Are you entitled to a refund in such cases? What are your rights as a consumer? In this blog, we will discuss your entitlement to a refund and the rights that protect you as a consumer.

The Consumer Rights Act 2015 ("the Act") is a crucial piece of legislation in the United Kingdom designed to safeguard consumers' interests when they purchase goods, services, or digital content. Here, we will provide an overview of how the Act operates, its scope of application, and circumstances under which its provisions may be voided.

To what kind of goods does this act apply to? - Does it matter if goods are preowned?:

Legally speaking, there are three things that matter to the court:
1. Goods must be of satisfactory quality: This means they should not be faulty or damaged when you receive them. For pre-owned items, what is considered "satisfactory quality" can take into account the item's age and condition at the time of sale.
2. Goods must be fit for purpose: They should be fit for the use that the buyer has made known to the seller.
3. Goods must be as described: They should match the description given at the time of sale, including any samples or models shown.

What about Services?

The Consumer Rights Act 2015 also extends its protection to services, ensuring that consumers are treated fairly and receive the quality they expect. According to the Act, services must be provided with "reasonable care and skill" (Section 49).

This means that the service provider must carry out the work to a standard that a reasonable person would consider satisfactory. If the service does not meet this standard, the consumer is entitled to ask for the service to be re-performed or to receive a price reduction. 

Furthermore, if a time frame for the service completion was agreed upon, it must be honoured; otherwise, it should be completed within a "reasonable time" (Section 52). This ensures that people like you and me are not left waiting indefinitely for services to be rendered.

What about Digital Content - Does the law even apply to stuff online?

Don't worry! The Consumer Rights Act 2015 explicitly covers digital content, recognizing the growing importance of online goods and services. Digital content, as defined by the Act, includes data produced and supplied in digital form, such as software, music downloads, and e-books.

The law states that digital content must be of "satisfactory quality" (Section 34), fit for any particular purpose made known to the trader (Section 35), and "as described" (Section 36). If the digital content fails to meet these standards, consumers have the right to a repair or replacement.  If this is not possible, they are entitled to a price reduction or refund.

Exceptions to this Law:

While the Consumer Rights Act provides comprehensive protection, certain exceptions and limitations apply:
- Goods bought at public auctions may not have the same rights.
- The Act does not apply to contracts for the sale of land, employment contracts, or contracts for financial services

This is the most important section within this article, so pay attention!

Within 30 Days of Purchase

Short-Term Right to Reject: You can reject the goods if they are faulty, not as described, or not fit for purpose and claim a full refund. This right is valid for 30 days from the date of purchase.

After 30 Days but Within Six Months

Right to Repair or Replacement: If the goods develop a fault after the initial 30 days but within the first six months, you can request a repair or replacement. The retailer must be given the opportunity to repair or replace the faulty item first.

If the repair or replacement is unsuccessful, takes too long, or causes significant inconvenience, you have the right to either:

1. Keep the goods and request a price reduction, or
2. Reject the goods and receive a full refund.

This ensures that you are not stuck with a faulty product.

After Six Months:

After six months, the onus shifts to the consumer to demonstrate that the goods were faulty at the time of purchase. While you may still request a repair or replacement, establishing the fault may present greater challenges.

Conclusion:

So, there you have it—your precious consumer rights in a nutshell. Act swiftly, know your timelines, and don’t let anyone convince you otherwise. Remember, you’re not just a mere mortal at the mercy of retailers; you’re a consumer armed with the mighty Consumer Rights Act 2015. Now go forth and demand your refunds, repairs, and replacements!

Disclaimer: I am not a solicitor, and the information provided in this blog is for general informational purposes only. It is not intended to be legal advice. For specific legal advice tailored to your situation, please consult a qualified solicitor.