Consumer Rights Act 2015 Explained

The Consumer Rights Act 2015 is a landmark piece of legislation in the United Kingdom that significantly updated and consolidated consumer protection law. It came into force on 1 October 2015, replacing a patchwork of older legislation, including the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. The primary aim of the Act is to simplify and strengthen consumer rights, providing a clearer and more consistent framework for both consumers and businesses. It covers contracts for the sale of goods, contracts for the supply of services, and contracts for the supply of digital content.

Understanding Your Rights: Goods

When you buy goods, whether from a shop, online, or by mail order, the Consumer Rights Act 2015 grants you specific rights. These rights are statutory guarantees that goods must meet certain standards. The key rights concerning goods are:

1. Satisfactory Quality

Goods must be of satisfactory quality. This means they should meet the standard that a reasonable person would consider satisfactory. Factors taken into account include:

• Appearance and finish: The item should look as you would expect.
• Freedom from minor defects: It shouldn't have small faults that make it unacceptable.
• Safety: The product should be safe to use.
• Durability: It should last for a reasonable period of time.

For example, if you buy a new toaster and it stops working after a week, it is likely not of satisfactory quality. The standard is objective, meaning it's what a reasonable person would expect, not just what you personally expect.

2. Fit for a Particular Purpose

Goods must be fit for any particular purpose that you made known to the trader before you bought them. This includes any purpose that is obvious from the nature of the goods. For instance, if you tell a shop assistant you need waterproof walking boots for a specific trek, and they recommend a pair that leaks, they are not fit for purpose. This also applies if the trader implicitly suggests the goods are suitable for a particular use.

3. As Described

Goods must match any description given to them. This applies to any information provided about the goods, whether in advertising, packaging, or by the salesperson. If you buy a sofa described as 'genuine leather' and it turns out to be faux leather, then it is not as described.

Remedies for Faulty Goods

If goods do not meet these standards, you have a right to a remedy. The Act introduces a tiered system for remedies:

The Short-Term Right to Reject (within 30 days)

You have the right to reject goods and claim a full refund if they fail to meet any of the aforementioned criteria and you exercise this right within 30 days of taking ownership of the goods. This also applies to digital content. If you have already used the digital content, you can still reject it but may have to accept a refund of a sum of money that takes into account any use you have had of it.

The Right to a Repair or Replacement

If you are outside the 30-day period, or if you choose not to reject the goods, you have the right to a repair or replacement. The trader must provide this within a reasonable time and without significant inconvenience to you. If the repair or replacement is not possible, is unsuccessful, or cannot be provided within a reasonable time, you then have the right to a price reduction or the final right to reject.

The Right to a Price Reduction or the Final Right to Reject

If a repair or replacement is not feasible or doesn't resolve the issue, you can ask for a price reduction (which could mean getting some of your money back) or exercise your final right to reject the goods. This final right to reject usually applies after one failed repair or replacement. If you reject the goods, the trader can make a deduction from the refund to account for use, unless the rejection is within the first six months and the fault is due to a breach of contract.

Consumer Rights: Services

The Consumer Rights Act 2015 also sets out rights for consumers when they purchase services. The key principles are:

1. Performed with Reasonable Care and Skill

Services must be performed with reasonable care and skill. This means the service provider must act with the level of care and skill that a reasonably competent person in that profession would exercise. For example, a plumber should carry out work to a professional standard.

2. Information About the Trader or Service

Any information provided by the trader about themselves or the service, whether in writing or spoken, is binding. This includes information about the price, qualifications, or any specific details about the service.

3. Reasonable Price

If the price for a service has not been agreed in advance, the consumer must pay a reasonable price. What is considered reasonable will depend on the circumstances, including the nature of the service and the market rate.

4. Performed Within a Reasonable Time

If a time for the service has not been agreed, it must be performed within a reasonable time. Again, what constitutes 'reasonable' will depend on the specific service and circumstances.

Remedies for Faulty Services

If a service does not meet these standards, you have the right to a remedy. The primary remedies are:

• The right to repeat performance: The trader must redo the service to correct the problem, at no extra cost to you, within a reasonable time and without causing significant inconvenience.
• The right to a price reduction: If the service cannot be repeated or if it is still not satisfactory after repeat performance, you can claim a reduction in the price paid. This could be up to the full cost of the service.

These remedies must be sought within a reasonable time after the service has been completed.

Consumer Rights: Digital Content

A significant new area covered by the Act is digital content, such as music downloads, e-books, apps, and games. Consumers have the same rights for digital content as they do for physical goods:

1. Satisfactory Quality

Digital content must be of satisfactory quality, meaning it should be free from defects and as you would expect.

2. Fit for a Particular Purpose

It must be fit for any particular purpose you made known to the supplier.

3. As Described

It must match any description given by the supplier.

Remedies for Faulty Digital Content

The remedies for faulty digital content mirror those for goods:

• The short-term right to reject: You can reject faulty digital content within 30 days for a full refund.
• The right to repair or replacement: If you are outside the 30-day period, you are entitled to a repair or replacement.
• The right to a price reduction or the final right to reject: If the repair or replacement is unsuccessful or unavailable, you can claim a price reduction or reject the content for a refund (potentially with a deduction for use).

It is important to note that if you download digital content, the supplier is responsible for ensuring it is compatible with your device, provided you have informed them of your device and operating system.

Unfair Terms

The Consumer Rights Act 2015 also addresses unfair terms in consumer contracts. A term is considered unfair if it creates a significant imbalance in the parties' rights and obligations under the contract, to the detriment of the consumer. This could include terms that:

• Excessively limit the trader's liability.
• Allow the trader to unilaterally change contract terms without a valid reason.
• Impose unreasonable penalties.

If a term is found to be unfair, it is not binding on the consumer, although the rest of the contract can remain binding if it is still capable of being performed without the unfair term.

What to do if Things Go Wrong

If you believe your rights have been infringed, the first step is always to approach the trader directly. Explain the problem clearly and state what you want to happen. Keep records of all communication, including dates, times, and what was discussed or agreed.

Escalating the Issue

If you cannot resolve the issue directly with the trader, you may need to consider other options:

• Trading Standards: Local Trading Standards services can offer advice and may take action against businesses that breach consumer protection laws.
• Citizens Advice: Provides free, confidential advice on a wide range of consumer issues.
• Alternative Dispute Resolution (ADR): Many sectors have ADR schemes, such as mediation or arbitration, which can help resolve disputes without going to court.
• Small Claims Court: For unresolved disputes, you can take legal action through the County Court (or Sheriff Court in Scotland) via the small claims procedure, which is designed to be more accessible for individuals.

Key Takeaways for Consumers

The Consumer Rights Act 2015 empowers you with clear rights. Remember:

• Goods must be of satisfactory quality, fit for purpose, and as described.
• Services must be performed with reasonable care and skill.
• Digital content has the same rights as physical goods.
• You have a tiered system of remedies, starting with the right to reject within 30 days.
• Always try to resolve issues directly with the trader first.

Frequently Asked Questions (FAQs)

Q1: What is the difference between the Consumer Rights Act 2015 and the Sale of Goods Act 1979?

A1: The Consumer Rights Act 2015 replaced the Sale of Goods Act 1979 (and other older legislation) to simplify and modernise consumer law. It introduced clearer rights for digital content and a more straightforward remedies structure.

Q2: Do my rights apply if I buy second-hand goods?

A2: Yes, your rights generally apply to second-hand goods, but the standard of satisfactory quality is adjusted to take into account the age and price of the goods. If a trader sells you second-hand goods, they must also be as described and fit for purpose.

Q3: What constitutes a 'reasonable time' for a repair or replacement?

A3: There is no fixed definition of 'reasonable time'. It depends on the nature of the goods or service. For example, a repair to a mobile phone might be expected within days, whereas a repair to a washing machine might be expected within a few weeks. The trader should inform you of the expected timeframe.

Q4: Can a trader charge me for a repair or replacement?

A4: No, not if the goods or services are faulty due to a breach of contract. The trader must provide a repair or replacement at no cost to you, unless it is your final right to reject and they are making a deduction for use.

Q5: What if the fault appears after six months?

A5: If a fault appears after six months, it is presumed to have been present from the start unless the trader can prove otherwise. This makes it easier for consumers to claim remedies for faults that emerge later.

Q6: Does the Act apply to contracts with private sellers?

A6: No, the Consumer Rights Act 2015 applies to contracts between a consumer and a trader. Contracts between private individuals are not covered by this Act.

Q7: What if I bought something online from a trader based outside the UK?

A7: While the Act is UK legislation, it can be complex to enforce against traders based abroad. However, if the trader has a UK presence or a dedicated UK website, you may still have recourse. It's advisable to seek advice from Citizens Advice or Trading Standards.

Conclusion

The Consumer Rights Act 2015 is a vital piece of legislation that significantly enhances the protection afforded to consumers in the UK. By understanding your rights concerning goods, services, and digital content, you are better equipped to ensure fair treatment in your transactions. Always remember to keep receipts and any written communication, and don't hesitate to exercise your statutory rights when goods or services do not meet the expected standards.