We discussed consumer rights legislation on our latest podcast episode but I wanted to explore some of the pertinent points in a little more detail.
Here are some of the key things you need to know…
Consumer Rights Act 2015 – the main one
When you buy goods or services, in person or online, you’re protected by the Consumer Rights Act 2015. It consolidated and updated a few important old laws on consumer rights.
The whole point of the Act was to make your rights as a consumer easier to understand. It covers online shopping as well as goods and services bought in shops.
If you’ve bought something and it’s broken, doesn’t work, or isn’t what you’d expected, you’re protected in law.
You can make a claim for a refund, repair or replacement when the product you’ve bought (an object or a service) doesn’t meet these three standards:
Satisfactory quality
The product shouldn’t be damaged or faulty when you receive it.
Fit for purpose
You should be able to use it for what the seller says it will do (its purpose), whether that’s their statement when you buy it, or an answer to your question. For instance, a tin opener should open tins.
As described
It should match its description when you bought it. For example, something sold as made of metal shouldn’t be mainly plastic, or clothes shouldn’t be a different size.
If a service isn’t provided ‘with reasonable care and skill’ or ‘as agreed’, the provider must bring it into line with what was agreed with the customer. If this isn’t practical, such as when a haircut’s too short, they must give (some) money back.
It’s also possible to claim when public transport services are poor, for example when a seat you’ve paid for is unavailable or there’s no toilet accessible to you on a long journey.
Customers have a clear right to the repair or replacement of faulty digital content, including online films and games, music downloads and ebooks.
For goods and services bought online, your rights are the same as if you’d bought them from a shop or other seller, except that your right to make a claim starts when you receive the item.
There are clear time limits for you to ask for refunds, repairs or replacements:
Refund
You can get a refund up to 30 days from when you bought the product, if it was from a UK seller. You can also get a repair or replacement if you prefer.
Repair or replacement
You can get your product repaired or replaced up to six months from your purchase. The retailer has one chance to make the repair. If you’re still unhappy, you then have a right to a refund.
You can still get a repair or refund after six months, but the seller has the right to deduct some money for the use you’ve had from the product. You’ll have to prove that it was faulty when you got it.
Consumer Protection from Unfair Trading Regulations 2008
The Consumer Rights Act also covers unfair terms in contracts, like charges hidden in the small print. Key terms must be ‘prominent and transparent’.
A term in a consumer contract is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract, to the detriment of the consumer.
Transparency is also fundamental to fairness. The Act requires that a written term in a consumer contract is expressed in plain and intelligible language and is legible. This sits alongside a more general requirement that consumers are given a real chance, before entering a contract, to see and understand all terms that could operate to their disadvantage
In addition, the Consumer Protection from Unfair Trading Regulations 2008 include a general duty on traders not to trade unfairly. It prohibits misleading and aggressive practices. There is a ‘blacklist’ of practices that are considered unfair and are banned, like pyramid schemes and falsely claiming endorsements or authorisations.
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 impose information and labelling requirements on traders. Traders must provide:
- a description of the goods, service or digital content, including how long any commitment will last on the part of the consumer
- the total price of the goods, service or digital service or the manner in which the price will be calculated if this can’t be determined
- how you will pay for the goods or services and when they will be provided to you
- all additional delivery charges and other costs (and if these charges can’t be calculated in advance, the fact that they may be payable)
- details of who pays for the cost of returning items if you have a right to cancel and change your mind
- details of any right to cancel – the trader also needs to provide, or make available, a standard cancellation form to make cancelling easy (although you aren’t under any obligation to use it)
- information about the seller, including their geographical address and contact details and the address and identity of any other trader for whom the trader is acting
- information on the compatibility of digital content with hardware and other software that the trader is aware of (or can reasonably be expected to be aware of).
Other
There are also other consumer health and safety protections in the Consumer Protection Act 1987 and the General Product Safety Regulations 2005.