Consumer Rights Act 2015
The Consumer Rights Act 2015 (‘the Act’), coming into force on 1 October 2015, consolidates and simplifies current consumer laws that apply to business-to-consumer contracts. The Act will introduce further rights to consumers in respect of contracts for goods and services, and new rights relating to contracts for digital content. The key changes are:
- The goods supplied must match any model/sample seen or examined by the consumer (unless specific differences are brought to the consumer’s attention);
- Pre-contract information (such as characteristics of the goods, price and additional charges) will form part of the contract, and entitle the consumer to claim costs if materially incorrect;
- The goods must be installed correctly otherwise they will not conform with the contract;
- Where goods are to be manufactured and supplied, they will be treated as part of the original sale contract;
- The consumer will have the right to reject the goods within 30 days if they are faulty or do not match their description;
- The consumer will have the right to have the faulty goods repaired or replaced (even after the 30 days) and then the right to reject within a further 7 days, if any replacement or repair is unsatisfactory;
- The consumer will have the right to reject the goods or a price reduction after just one attempt to repair or replace the goods.
Anything said or written by the trader to the consumer which influences the consumer’s decision to enter into the contract will be treated as a contractual term.
- Similar to the standards that apply to goods and services, digital content must be of satisfactory quality, fit for its intended purpose, and must match its description;
- A consumer will have a right to a refund, replacement or reduction in the price if the content does not meet the above standards. Consumers will also be entitled to compensation if corrupt digital content damages their device or existing content.
Businesses must ensure that they understand their rights and responsibilities when contracting with consumers. It is important that you ensure your paperwork is up to date to protect you when the changes come in.
For legal advice contact a member of the Humphries Kirk commercial team in either our Dorchester Office on 01305 251007 or Poole Office on 01202 725400.