What you need to know about the Consumer Rights Act 2015 digital content

The Consumer Rights Act 2015 and digital goods

CRA

The Consumer Rights Act 2015 comes into force on the 1st October 2015. (See the link for your rights) Part of the reasoning behind this Act was to consolidate Acts and cover digital content which is not covered by other laws written before their introduction! However, it is going to get very complicated, there is very little clarity about digital content on the net and what there is can be misleading. I have been in contact with the department for Business, Innovation and Skills, responsible for the CRA to try and get some clarity and this feeds into much of the below:

Key points about the Consumer Rights Act 2015 and digital goods:

1) Digital content covers items such as computer games, virtual items purchased with computer games, television programmes, films, books, computer software, mobile phone apps and system software for operating goods.

2) These digital goods are covered by the Act and therefore must be of satisfactory quality, as described, be fit for a particular purpose, match the description and be installed correctly when this has been agreed as part of the contract.

3) You can reject the goods within 30 days and insist on a full refund up to this time and a repair or replacement anytime up to 6 months. After 6 months you will need to prove that the fault was there at point of purchase and you have up to 6 years to claim.

Digital content non physical form

Ok, now this is where it gets complicated and the potential for challenges in court is high.

1) Non physical form such as downloads are not covered by the 30 day rule. You can see why, you could download something and use it and then try and get your money back.

2) The right to reject applies only to goods and digital content sold as part of the goods (often referred to as being on a tangible medium, such as a disc, but this also includes digital content that is within the goods, e.g. the program on a washing machine). Digital content that is downloaded is not subject to the right to reject as the consumer is not in a position to return the digital content

3) If the download has corrupted other apps on a device this may not be apparent for some time. A consumer may not discover this for some days, perhaps even after 30 days. If a washing machine damaged goods three months after purchase you should expect the retailer to reimburse costs of goods damaged by the washing machine so this would be the same with software.

4) If software or computer games are unopened they are considered tangible form and once opened and put on a machine/in a toy etc. the 30 day rule still applies.

5) Replacement or repair is, generally, a first stage that must be gone through before any refund is payable if someone downloads an ebook for example and then insists on refund for any reason. The repair or replacement must be within a reasonable time and without significant inconvenience to the consumer, unless it is impossible or disproportionately expensive. Failing successful repair or replacement, the consumer could be entitled to a price reduction which can be up to the full price.

6) If a trader advertised that an ebook would work on a particular device but it was actually incompatible with that device, the consumer would be entitled to a repair or more likely a replacement in the form of a version that is compatible with the device. If that is not possible, then the consumer would be entitled to a reduction in the purchase price, up to a full refund.

7) There are no statutory provisions putting an obligation on the consumer to prove that the trader has breached the relevant consumer right. Replacement or repair is, generally, a first stage that must be gone through before any refund is payable, and this goes some way towards protecting traders against opportunistic claims. Traders will no doubt establish customs and practices to guard against abuses of the right in relation to digital goods.

8) If the consumer made a mistake and downloaded the wrong item, then this is not covered by the Consumer Rights Act. Depending on the specifics of the case, the consumer may have rights under the Consumer Contract Regulations (which provide the 14 day cooling off period for distance purchases) but many websites stipulate that by downloading the content the consumer loses that 14 day right as they have consumed the digital content.

And of course, if you need to know how to use this Act and many others, plus tips, advice and templates then you need to GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

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Moneybox Live Paul Lewis/Helen Dewdney

Supermarkets’ ‘Most Annoying’ Habits Revealed

In the press today was an article to which I contributed about consumers pet hate regarding supermarkets. (Regular followers of this blog will know my history with Tesco!) It was actually about the tactics that supermarkets use to make us spend more so I have added a few more gripes too!

1) Moving products around so you spend longer in the store trying to find what you want
2) Lowest priced option often at the highest point so shorter people can’t reach
3) Online or in store exclusives. Creates a sense of immediacy when selecting products, so consumers will usually spend more than intended as feeling of missing out
4) Bumping the price up for an individual item e.g. £2.50, and offering them two for £4. When item is less than £2 elsewhere
5) Putting differing offers on variations of a product to confuse as to which is best buy
6) Mixing weight to price ratios on different products
7) Making it difficult to work out the best offer frequently with ready packaged fruit/veg portrayed as having discounts versus loose.
8) Offers such as 3 for £10 when you only wanted 1
9) Pumping out the smell of bread baking (Our Sainsbury’s does that!)
10) Slow music to make you move slower round the aisles
11) Loyalty cards using your shopping habits to provide targeted vouchers
12) High sugar higher priced brands items at eye level lowering this for aisles aimed at children
13) Putting deals at the entrance of the store such as biscuits – not very expensive items but ones that appeal and that you think that’s a good offer and throw them in the trolley
14) Putting fruit, vegetables and flowers at the front of the store. We know this is to create an atmosphere of health and also provide smells and pleasant imagery providing positive vibes to make us buy more. Annoying because these are the items that we want to put on top of the shopping not at the bottom where it is going to get crushed.
15) If you only want the essentials, such as bread, milk, fruit and vegetables they are placed as far away from each other as possible to make you travel round the store.
16) My big bug bear. Wine. So many bottles costed “normally” priced at £10 but frequently in the half price offers and often half price with 25% off 6 bottles or more. We wait until these regular offers come about. If we shop in more than one supermarket then the supermarket with the deal is going to get the most sales.
17) Packaging. Is that “Tesco finest” Sainsbury’s “Taste the difference” really better? In many tests and reviews this isn’t the case but are we conned into spending more because we are sucked into thinking they are better quality.
18) Self service checkouts (see a post about THEM here!) because they always go wrong and it isn’t self service it’s one sales assistant serving many customers
19) Queues!
20) Discontinuing products

We want consistency and fair pricing, everyone loves a bargain but not when the “bargains” are all the time so we actually feel that the rest of the time we are being conned!

We know that most of this goes on but unfortunately we can not do much about a lot of it. And the trouble is if we try and avoid it all, we spend even longer in there! Don’t go hungry and try and keep to your list are a good starting point though.

I was on Radio 5live Breakfast (and Radio Nottingham!)

Radio 5live Breakfast Helen Dewdney talking supermarket tactics to make you buy more

 

What other things are your gripes about supermarkets and which is your top one?!