Buying goods and services from 1 October 2015

From 1 October 2015, the Consumer Rights Act 2015 protects you when you are buying goods, digital content and services. It makes it clear what should happen when goods or digital content are faulty, or when services are not provided with reasonable care and skill. It also protects you from unfair terms in contracts.

Goods and services bought before 1 October 2015 are covered by the Sale of Goods Act and the Supply of Goods and Services Act. Find out more at Goods and services bought before 1 October 2015

Buying goods

Under the Consumer Rights Act 2015 goods you buy must be:

  • of a satisfactory quality
  • fit for a particular purpose
  • match the description, sample or model
  • be installed correctly - if installation was agreed as part of the contract

If the goods you receive aren’t of satisfactory quality, fit for purpose, don’t match or aren’t installed correctly, you have 30 days to return them and get a full refund

You will have fewer days to return the goods if they are highly perishable, for example food items.

Repaired or replacement goods

If you ask for a repair or replacement during the 30 day return period, the period will be put on hold so that you will have the rest of the period or seven days (whichever is longer) to check if you are happy with the repair or replacement and to decide if you want to keep it.

If you claim a repair or replacement, the trader must do this:

  • at no cost to you
  • within a reasonable time
  • without causing you significant inconvenience

The trader must cover any reasonable cost of returning the goods except where you are returning to the place you bought them. However, you are not required to return the goods to this place unless this was agreed from the outset as part of the contract. For example, if you have to hire a van to return bulky furniture to the shop where it was bought, you could claim for the hire cost of the van.

In some cases, you may be able to claim some or all of the cost of returning the goods to the place you bought them. For example, if the car you are returning breaks down and you have to pay for a break down service to return it.

You do not have to give the trader lots of chances to repair or replace the goods. If after just one failed attempt at repair or replacement, or the repair or replacement is not given to you within a reasonable time and without significant inconvenience, you can claim a price reduction or reject the goods and get a refund.

Price reduction and refunds

If the repair or replacement is not suitable, available or provided within a reasonable time and without causing you significant inconvenience, you can choose to keep the goods or to reject them.

If you choose to keep the goods, you can ask for a discount on the price of the goods, usually called a ‘price reduction’. The discount can be any amount, up to the full cost of the goods, but it must be reasonable given the circumstances of your claim.

If you reject the goods and return them, then you can claim a refund. Your refund can be reduced to take into account any use you have had from the goods, but it can’t be reduced if you have held onto the goods simply because the trader has delayed collecting them. Nor can your refund be reduced where the goods are rejected within six months of getting them, except where the goods are a motor vehicle.

The refund must be given within 14 days of the trader agreeing that you are entitled to it.

In cases where you have hired the goods, you can claim a refund for any part of the hire that was paid for but not supplied. You will also be released from any outstanding obligations under the contract, for example, any remaining instalments to be paid for a hire purchase contract.

Right to claim

If you discover a fault within six months of delivery and you choose to get a repair, replacement, price reduction or use your final right to reject, it be will assumed that the fault was there at the time of delivery. This is unless the trader can prove otherwise or it is obvious that the fault happened during the six months, for example, if there are obvious signs of misuse.

You cannot claim:

  • for any damage you cause
  • for any fault that was brought to your attention before you bought the goods
  • for any obvious fault you would have seen if you examined the goods before you bought them
  • if you simply change your mind about the goods you’ve bought
  • for faults that appear as a result of fair wear and tear

Neither can you claim if you find a product unsuitable that you have chosen to buy for a particular purpose that it is not obviously made for or made known to the trader. For example, if you buy a hedge trimmer and then break it attempting to cut down a tree, you cannot make a claim unless the trader told you it would be suitable for cutting down trees.

Goods older than six months

If more than six months have passed, you must prove the fault was there at the time of purchase or delivery. You must also prove the fault was there at the time of delivery if you use your short-term right to reject the goods. Some faults won’t appear until sometime after delivery, and in these cases it is enough to prove that there was an underlying or hidden fault at that time.

Digital content

The Consumer Rights Act also covers you when you buy digital content, like:

  • 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

The law says digital content must be as described, fit for purpose and of satisfactory quality:

  • if your digital content is faulty, you're entitled to a repair or a replacement
  • if the fault can't be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back
  • if you can show the fault has damaged your device and the trader hasn't used reasonable care and skill, you may be entitled to a repair or compensation

Buying a service

Under the Consumer Rights Act 2015, you have the right to expect a certain standard for any service that you pay for. The service must be carried out:

  • with reasonable care and skill
  • within a reasonable time
  • for a reasonable price

You can also expect that any information given or promises made to you about the service that helps you decide whether to buy or to make any further decisions about the service must be upheld by the trader. This includes quotations and any promises about timescales or about the results to be achieved.

Failure to meet required standards

If the trader fails to meet the required standards, this is a breach of contract and you can expect the trader to put things right. The law says that you have the right to a repeat performance of the service or to a price reduction.

Repeat performance

If the trader fails to complete the job with reasonable care and skill or if they fail to carry out the job according to the information or promises given to you about the service, then you can ask for a repeat of the service to complete the job properly. This must be done:

  • at no cost to you
  • within a reasonable time
  • without causing you significant inconvenience

You cannot ask for a repeat performance in cases where it would be impossible for the trader to finish the job to the required standard. For example, if you hire a photographer to take photos of your wedding, but their camera fails. In this case, it would be impossible to re-stage the wedding

Price reduction

You can claim a price reduction where a repeat performance is impossible or cannot be done within a reasonable time and without causing you significant inconvenience. The amount of the price reduction will depend on how badly the service was carried out and it can be anything up to 100% of the price. If you have already paid in full or in part for the service, you may get some money back.

Unfair contract terms

When you buy goods or pay for a service you automatically enter into a contract. The law says a trader cannot include terms in the contract that gives them an unfair advantage or takes away your legal rights as a consumer.

Terms are unfair that try to avoid responsibility for:

  • death
  • personal injury
  • faulty goods - for example by saying that no refunds will be given
  • goods that aren’t as described
  • selling goods that don't belong to the seller
  • delays
  • unsatisfactory services

Contract terms might also be unfair if they weigh the contract significantly in a trader’s favour, for example terms that:

  • create excessive charges when the consumer cancels the contract
  • require the automatic loss of all upfront payments when a contract is cancelled
  • unbalanced rights, such as the trader being able to cancel a contract at any time, but requiring the consumer to give three months notice
  • being able to change the agreed price for any reason at a later date

It will be up to the courts to decide if terms in your contract are unfair in the circumstances.

If you have a complaint about a trader using unfair contract terms or would like more information about whether a contract term is unfair, contact Consumerline.

Contracts formed before 1 October 2015, are covered by the Unfair Terms in Consumer Contracts Regulations and the Unfair Contract Terms Act.

Complaints about the supply of goods or services

If you aren't satisfied with goods or services supplied by a trader, you should give them a chance to put things right. You need to show you have been reasonable in case you go to court later. If you bring in another trader without giving the original trader an opportunity to put things right, a court:

  • might decide this was unreasonable
  • might not allow you to claim back the cost from the first trader

If the trader does agree to put things right, you should tell them in writing that you reserve the right to get someone else to do the work if:

  • it isn't done to a reasonable standard
  • it is not done within a reasonable time

You should keep a copy of your letter.

If the trader can't or won't put things right, you will need to get a different trader to finish the job. You can claim compensation from the first trader if this leaves you out-of-pocket

You may want the trader to stop work because you don't trust them to put things right. This may be because:

  • the work is unsafe or a very poor standard
  • your relationship with the trader has broken down

If you tell the trader to stop work, they may threaten to take you to court to claim compensation. You will need good reasons and evidence, if you refuse to let a trader finish a job or put it right when they are offering to do this. If the case goes to court, you may need to provide evidence of bad work, such as photographs, and you may need an expert's opinion.

If a trader has done some work to a satisfactory standard you will have to pay a reasonable amount for this work.

Find out more about making a complaint.

Getting advice and help

If you have any questions or need more advice on buying goods and services, unfair contract terms or making a complaint to a trader you can contact Consumerline for help.

 

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