Understanding Your Consumer Rights Under the Consumer Rights Act (2015)

Your Legal Rights as a Consumer

When purchasing goods or services, whether in person or online, you are protected by the Consumer Rights Act (2015). This act simplifies and clarifies your rights, covering both online and in-store purchases. If you’ve bought something that is broken, doesn’t work, or isn’t as expected, here is a guide to your rights and the steps you can take.

Buying Products

What Are Your Rights?

You can claim a refund, repair, or replacement if the product you purchased (whether a physical item or a service) does not meet the following three standards:

1. Satisfactory Quality: The product should not be damaged or faulty upon receipt.
2. Fit for Purpose: The product should perform as the seller described it would. For example, a tin opener should open tins.
3. As Described: The product should match its description. For instance, a product advertised as metal should not be primarily plastic, and clothes should match the stated size.

If a service is not provided ‘with reasonable care and skill’ or ‘as agreed,’ the provider must rectify the issue or provide a partial refund if fixing it is impractical (e.g., a haircut that’s too short).

Travel

You can also claim for poor public transport services. Refunds, either full or partial, can be claimed for delays or other service failures caused by the provider. You can also claim when a paid seat is unavailable, there are no accessible toilets on a long journey, or a train is severely overcrowded due to insufficient carriages.

Buying Digital Products

What Are Your Rights?

Under the Consumer Rights Act (2015), you have clear rights to repair or replacement of faulty digital content, including online films and games, music downloads, and e-books. Your rights are the same as for physical goods, and they begin when you receive the item.

You can claim a refund, repair, or replacement if the digital content does not meet these three standards:

1. Satisfactory Quality: The content should not be damaged or faulty upon receipt.
2. Fit for Purpose: The content should function as described. For example, an audio track should play without issues, and a game should not infect your computer with a virus.
3. As Described: The content should match its description. For example, a film should be in the format you chose when purchasing it.

Is There a Time Limit?

There are specific time limits for requesting refunds, repairs, or replacements:

• Refund: You can request a refund within 30 days of purchase for UK-sold products. Alternatively, you can opt for a repair or replacement.
• Repair or Replacement: You can request a repair or replacement within six months of purchase. The retailer has one opportunity to make the repair. If unsatisfied, you can then request a refund.
• After Six Months: You can still request a repair or refund after six months, but the seller may deduct an amount for the usage you’ve had from the product. You must prove the product was faulty upon receipt.

Second-Hand Goods

If you purchase a second-hand item from a business, trader or charity shop, the consumer rights that you are entitled to are extremely similar to those you have when buying an item that’s brand new.?

When considering the laws on buying second-hand goods and your consumer rights, it’s important to remember that second-hand products or?refurbished goods?do not have to be of the same quality?as new items. Therefore, you cannot simply reject an item because it is not of the same standard as you would expect if it was brand new. However, the retailer must simply tell you about any faults or problems with the goods.

Third Party Rights

Only the person who bought the item can make a claim unless your warranty or guarantee uses the phrase ‘third party rights’. It’s important to look out for these words if you bought it as a gift. For example, if a client bought a sofa in a furniture shop and intended it as a house-warming gift for his daughter but did not mention this to the shop assistant, the daughter is not entitled to return the sofa to the shop and claim a refund if the sofa is broken. The contract for the sale of the sofa was made between the parent and the shop, and the daughter cannot rely on it because of the privity of the contract.

Does the Consumer Rights Act Apply to Business-to-Business Sales?

No. The Sale of Goods Act 1979 sets the rules for business-to-business (B2B) contracts.

What Else Does the Consumer Rights Act Cover?

The Act also covers?unfair terms in contracts, like charges hidden in the small print. Key terms must be ‘prominent and transparent’.

Conclusion

Deciding between operating as a sole trader or setting up a limited company is a significant choice that impacts various facets of your business. Sole traders enjoy simpler administration and full control of profits but bear unlimited personal liability. Limited companies offer greater protection for personal assets, potential tax efficiencies, and easier scalability but come with more complex administration and higher costs. Carefully consider your business’s financial situation, growth potential, and personal risk tolerance. Consulting with professional advisors can provide clarity and help you make the most informed decision for your business’s future.

For specialist advice and support. please get in touch with our divorce solicitors in London now by calling 020 7139 9266 or contacting the GOOD LAW INTERNATIONAL office.

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