With Christmas nearly upon us and the spending sprees in full flow do we as consumers really know our rights when it comes to the supply of goods?
Did you know that in 2015 The Consumer Rights Act (CRA) replaced both the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982, and created a simpler, more modern form of consumer rights legislation fit for the technological age.
Under the CRA, consumers have more statutory rights in relation to the quality and standard of goods and services they buy, as well as a wider range of remedies when things go wrong.
The CRA requires businesses who supply goods and services to consumers to comply with a number of statutory requirements :
- Goods must be of satisfactory quality: goods bought must not be faulty or damaged on receipt. The test of whether goods are of satisfactory quality is, what would a reasonable person consider to be satisfactory in relation to those goods?
- Goods must be fit for purpose: ie. fit for the purpose for which they are supplied, including any specific purpose explained to the trader when the goods were purchased.
- Goods and services must be as described: they must, for instance, match a sample or model seen by the consumer before purchase.
- Goods must be properly and correctly installed.
- Services must be supplied with reasonable care and skill.
If when you get your purchase home it does not meet any of the above requirements then your supplier has committed a breach of contract and you have certain remedies available to you:
- An early right to reject the goods within 30 days and to obtain a full refund. It is for the business to collect the goods at its own cost – the consumer does not have to pay to return the goods;
- The right to one repair or replacement within 30 days, at cost to the business (including postage, labour and materials, unless this is disproportionate to the cost of other remedies available);
- Thereafter, the right to a price reduction or the right to reject and receive a refund outside the 30 days (with a deduction for any use by the consumer) if not acceptable (or possible) repair or replacement takes place within 30 days.
Please note that the CRA does not apply to business to business contracts, or to consumer to consumer contracts. For business to business contracts it is always best to seek legal advice.
Merry Christmas from all of us at Marlborough Law.