A Guide to the Consumer Rights Act 2015

Consumer Rights Act 2015 legal crest

 

 

 

The Consumer Rights Act 2015

This Act came into force from 1st October 2015, when the following Acts were  repealed/amended:

Supply of Goods (Implied Terms) Act 1973 will cover business to business contracts and consumer to consumer contracts only.
Sale of Goods Act 1979/ Sale and Supply of Goods Act 1994 will still apply to business to business contracts and to consumer to consumer contracts.
Supply of Goods and Services Act 1982 will cover business to business contracts and consumer to consumer contracts only.
Sale and Supply of Goods to Consumers Regulations 2002 will be replaced
Unfair Contract Terms Act 1977 will cover business to business and consumer to consumer contracts only.
Unfair Terms in Consumer Contracts Regulations 1999 will be replaced.

For goods and services purchased before October 1st 2015 see this post.

For more details on how the Consumer Rights Act 2015 covers digital goods, see this post. For more on using this law see this Top 20 Tips for complaining effectively.

The sale and supply of goods

The person transferring or selling the goods must have the right to do so and the goods must be of a satisfactory quality. Goods must be of a standard that a reasonable person would regard as satisfactory. Quality is a general term, which covers a number of matters including:

  • fitness for all the purposes for which goods of that kind are usually supplied – appearance and finish
  • freedom from minor defects
  • safety
  • durability

In assessing quality, all relevant circumstances must be considered by the retailer, including price, description, and their own or the manufacturer’s advertising. Goods must:

  • be fit for a particular purpose. When you indicate that goods are required for a particular purpose, or where it is obvious that goods are intended for a particular purpose and a trader supplies them to meet that requirement, the goods should be fit for that specified purpose.
  • match the description, sample or model. When you rely on a description, sample or display model the goods supplied must conform
  • be installed correctly, where installation has been agreed as part of the contract.

The consumer can reject the goods within 30 days unless the expected life of the goods is shorter e.g. highly perishable goods. You can also choose repair or replacement in this time and up to 6 months after purchase as it is assumed that the fault was there at the time of delivery unless the trader can prove otherwise or unless this assumption is inconsistent with the circumstances (for example, obvious signs of misuse). If accepting repair you still retain your legal rights.

If more than six months have passed, you have to prove the defect was there at the time of delivery. You must also prove the defect was there at the time of delivery if you exercise the short-term right to reject goods. Some defects do not become apparent until some time after delivery, and in these cases it is enough to prove that there was an underlying or hidden defect at that time.

All these rules also apply for distance selling and digital goods.

The Act defines ‘digital content’ as meaning ‘data which are produced and supplied in digital form’. Therefore a huge array of digital-format products fall within this definition such as:

  • computer games
  • virtual items purchased within computer games
  • television programmes
  • films
  • books
  • computer software
  • mobile phone apps
  • systems software for operating goods – for example, domestic appliances, toys, motor vehicles, etc. In many cases digital content is supplied in a format that can be physically touched such as a Blu-ray disc containing a film. Increasingly, however, digital content does not have a tangible form – for example, a film downloaded to a computer or a virtual car purchased when playing a computer game.

Digital content

Rights are slightly more complicated see What you need to know about the Consumer Rights Act 2015 digital content for more details.

The contract for the supply of services

A contract is an agreement consisting of an offer and acceptance. When a consumer buys services from a trader, both parties enter into a contract which is legally binding. In order for a term to be binding it must clearly be part of the contract and be legal. Terms given to a consumer after the contract is made are not part of the contract and they have no effect. A contract can be verbal but it is advisable to detail important terms in writing so there can be no dispute later on.

All services should be carried out:

  • with reasonable care and skill.
  • information given verbally  or in writing to the consumer is binding where the consumer relies on it.
  • the service must be done for a reasonable price (if no fixed price was set in advance)
  • the service must be carried out within a reasonable time (if no specific time was agreed)

You have up to 6 years in which you can bring a claim against a trader.

Unfair contracts

The law creates a ‘fairness test’ to stop consumers being put at unfair disadvantage. A term is unfair if it tilts the rights and responsibilities between the consumer and the trader too much in favour of the trader. The test is applied by looking at what words are used and how they could be interpreted. It takes into consideration what is being sold, what the other terms of the contract say and all the circumstances at the time the term was agreed. There is an exemption for the essential obligations of contracts – setting the price and describing the main subject matter – provided the wording used is clear and prominent. There is also an exemption for wording that has to be used by law. If you have been misled into making a decision that you would otherwise not have made then the company is in breach of this law.

The Consumer Rights Act contains equivalent rights and protections to the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999. This means that, though there may be some technical differences in the way these aspects are implemented, from a consumer’s point of view there would be no difference – under the Consumer Rights Act the consumer may argue that a term is unfair in the same way as they would have under the aforementioned Acts.

When you use this Act please also follow 20 Top Tips for Complaining and why you should write not phone.

 

 

To ensure that you know your rights and how to use them take a look at How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results, as one reviewer says you’ll get more than your money back the first time you use it!

 

 

 

Helen Dewdney talks to Rebecca Pike on Radio 2 Drive time about CRA

Moneybox Live Paul Lewis/Helen Dewdney

Top 20 Tips for Complaining Effectively

 

The loves and hates of the self service checkout

Back in April, Morrisons announced that it was to reintroduce 1,000 staffed Express Checkouts for quick personal service. So what does the anti social cow think of the self service tills and the move to offer more staffed tills?

Is it the right move by Morrisons, not so long ago the big push was for more self-service tills?
I think it probably is. Most people who talk to me about supermarkets hate self service tills.  They feel for people who would have a job if it wasn’t for the self service till and many of us loathe them because they don’t always work and you have to call someone over because it doesn’t accept a coupon or doesn’t recognise an apple or asks if you are over 18 when you are 83, which annoys us as well as slows down the experience defeating the object.  Then you have our children trying to scan things twice and there are those of us who would say that actually it should be “10 items or fewer” not “less” of course! I think it is about having the choice and a balance of types of checkouts though. In theory I should love the self service checkouts, in reality they annoy me because they go wrong and then I have to ask someone for help which annoys me more than being served by someone wha talks to me!

Are the big four supermarkets returning to focus on service now rather than price? Sainsbury’s and Tesco have both promoted the fact that they have put more people on the shop floor.
I think they have to don’t they? The latest Which? campaign on supermarkets pricing confusions shows that they are all as bad as each other in pricing. This means that if a consumer is not using the discounters then there has to be something over and above choosing a supermarket on price. I think, as I have said many time before, the supermarkets simply need to listen to customers more. As I discussed here I don’t think Sainsburys are doing that very well at the moment. Tesco is certainly better at listening under Dave Lewis than his predecessor but he couldn’t have been more ignorant in my opinion! But they still have a looooong way to go if they really want to turn around Tesco fortunes.

Will more checkouts or self services speed up shopping?
Depends wholly on how many other tills are open and how busy they are! So long as they react to how many shoppers are on the floor at one time and don’t stay stuck on this is how many tills we have open at this time. They need to be proactive and ensure that there are enough tills open at all times. There was once was a time when a supermarket had the “more than one person in front – we will open another lane.” Putting that in place might be more effective

When I was on Radio 5 discussing self service there were two presenters. One liked the self service because he didn’t have to speak to anyone but like me hated the things that went wrong. I said the supermarkets need to bring in lines specifically for chatty people and another for us anti social people. He loved the idea suggesting Gaffa tape for the assistants. At the risk of assistants taking offence this did amuse me.

What are your thoughts on the self service checkout and do you use them?