Do you know your consumer rights?

Have you bought any goods or services from a business? Or do you intend to do so?

Are you aware of your rights as a consumer? Do you want to know more about your rights to a refund, repair or replacement of goods from a supplier?


Perhaps you want to know more about the effects of the Consumer Rights Act 2015 on your business dealings?


In this article we will cover all of this and more by answering the following questions:


What is the Consumer Rights Act 2015?


Does the Consumer Rights Act 2015 apply to businesses?


What are my rights to a refund under the Consumer Rights Act 2015?






If you have paid for goods or a service and the goods or service were purchased for personal or other use and not for your business or business purposes, it is highly likely that you are a consumer.


When a consumer purchases goods or a service from a trader, both parties are deemed to have entered into a business to consumer contract (“B2C” contract). When your business buys a good or service from another business, the parties are deemed to have entered into a business to business contract (“B2B” contract).


As a consumer you cannot be certain whether the goods you are purchasing are of good quality, fit for their intended use or fit their description. Similarly, you can never be sure whether the service that you receive from a business will be provided with reasonable care or skill. This is where the law steps in. Things can go wrong so it is useful to have some understanding of your rights in these circumstances, regardless of whether you are a consumer or business.


What is the Consumer Rights Act 2015?


The Consumer Rights Act 2015 (“Act”) is a piece of legislation which protects consumers who buy goods from businesses.


Does the Consumer Rights Act apply to businesses?


The Act applies to consumers and all businesses which engage directly and indirectly with consumers.

Where a business sells goods to a consumer or provides them with a service, the business must meet the standards set out in Act. If the business fails to meet the standards specified in the Act the consumer has a statutory right to remedies.

Sale of Goods

Businesses should ensure that the goods meet the following standard:

  1. Goods to be of satisfactory quality: The goods should be free from defect, of a satisfactory price and what a reasonable person would consider to be satisfactory quality for the goods.

  2. Goods to be fit for a particular purpose: The goods should be reasonably fit for their purpose, even if it is for a purpose for which goods of that kind are usually supplied.

  3. Goods to be as described: The goods must match their description and sample.

Provision of a Service

Where a business provides a service to a consumer, the contract is considered to include a term that the business must perform the service with reasonable care and skill. The business should provide the service, at the very least, in the same way that a reasonably competent individual within his profession would do.

If a business fails to meet the specific standard set in the Act when supplying goods or services, the consumer has the right to a refund, repair or replacement.

What are my rights to a refund under the Consumer Rights Act 2015?


Within 30 days of receiving the goods

You are entitled to a full refund of the faulty goods, even if the seller’s refund policy states otherwise.


Within 6 months of receiving the goods

If 30 days have passed since you purchased the goods, but it has not been more than 6 months, you will need to provide the seller with an opportunity to repair or replace the goods. If the seller is unsuccessful in repairing or replacing the good you can ask for a refund.


6 months after receiving the goods

The burden of proof is on you, the consumer, to prove that the fault was already present when you received the goods. It may be difficult to prove this.


A consumer can attempt to seek a remedy by contacting the business directly or by contacting a:


  • Solicitor

  • Trading Standards

  • An Ombudsman

  • The Competition and Markets Authority(CMA)

  • Possible remedies available to a consumer for a breach of contract are :

  • A full refund

  • A partial refund

  • A right to reject the goods

  • A right to repair or replacement of the goods

  • A right to price reduction


How can Pure Business Law help?


If you are a consumer who wants to know more about exercising your rights to a partial or full refund or you are a business that wants to make sure you are selling goods and providing services in accordance to the Act, please contact us and book a consultation with one of our expert contract solicitors.


We are specialist business and contract Solicitors based in Bedford and London and operate nationally. If you would like to discuss any business or consumer dispute or anything raised in this article, please do not hesitate to contact us and speak with one of our specialist solicitors. Pure Business Law is regulated by the Solicitors Regulation Authority and is a licensed member of the Law Society of England & Wales.

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Pure Business Law is the trading name for Pure Business Law Ltd-a private limited company registered in England & Wales with company registration number 10405413. Registered office and Principal place of business : Excel House, 3 Duke Street, Bedford. MK40 3HR. VAT number 265 5386 75.

 

 

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