Tuesday, January 26, 2021

Changes to the Consumer Rights Act from October 2015

Retailers need to be aware of imminent changes to the Consumer Rights Act, which Ian Lewis, senior corporate and employment law consultant at Bray & Bray, says have been the most significant changes for years.

From 1st October 2015, The Consumer Rights Act 2015 comes into force with key changes affecting retailers and consumers in relation to goods, digital content and services. Here, Ian explains the key changes to goods, which will affect how retailers’ terms and conditions must be written.

Right to reject goods

Retailers’ terms and conditions will need to be updated to clarify that consumers are entitled to reject goods within 30 days of receiving them.

What statutory rights are there under a goods contract?

(Source: Legislation.gov)

  • Goods to be of satisfactory quality
  • Goods to be fit for particular purpose
  • Goods to be as described
  • Other pre-contract information included in contract
  • Goods to match a sample
  • Goods to match a model seen or examined
  • Installation as part of conformity of the goods with the contract
  • Goods not conforming to contract if digital content does not conform

Made to order goods

Retailers’ terms and conditions will also need to say that finished products that are made to order (e.g.: curtains, bespoke clothing, wardrobes) as goods and not a product of their services.

‘What they see is what they get’

If a contract is entered into, for example in reference to buying a new sofa or car, where the consumer expects to receive what they have seen in the showroom, the goods provided must match what was seen. If there are any changes or differences to goods, the consumer must be made aware of this before a contract is entered into.

Which goods contracts are covered in the Consumer Rights Act?

(Source: Legislation.gov)

  • Ownership of goods
  • Sales contracts
  • Contracts for the hire of goods
  • Hire-purchase agreements
  • Contracts for transfer of goods

Digital content as goods

If digital content is sold, but the received goods are not fit for purpose, as described or of satisfactory quality, in certain circumstances consumers can reject the digital content, request a replacement or be entitled to a price reduction.

Retailers breaching goods contracts

If retailers do not meet all pre-contract commitments, or if they breach any of these (relating to information, cancellations and additional charges e.g. delivery costs) then consumers may recover costs incurred, separate to the cost of the product itself.

What remedies are there if statutory rights under a goods contract are not met?

(Source: Legislation.gov)

  1. Consumer’s rights to enforce terms about goods
  2. Right to reject
  3. Partial rejection of goods
  4. Time limit for short-term right to reject
  5. Right to repair or replacement
  6. Right to price reduction or final right to reject

Related articles:

  • Consumer Rights Act: Digital Content
  • Consumer Rights Act: Services

What retailers need to do

If you are a retailer, your terms and conditions will have to be changed to reflect the changes brought about by the Consumer Rights Act 2015 by the time that it comes into force on 1st October 2015.

To go through this with a specialist corporate lawyer, you can contact Bray & Bray’s corporate law team at its offices in Leicester, Hinckley and Market Harborough by calling 0116 254 8871.

A message from the Editor:

Thank you for reading this story on our news site - please take a moment to read this important message:

As you know, our aim is to bring you, the reader, an editorially led news site and magazine but journalism costs money and we rely on advertising, print and digital revenues to help to support them.

With the Covid-19 pandemic having a major impact on our industry as a whole, the advertising revenues we normally receive, which helps us cover the cost of our journalists and this website, have been drastically affected.

As such we need your help. If you can support our news sites/magazines with either a small donation of even £1, or a subscription to our magazine, which costs just £33.60 per year, (inc p&P and mailed direct to your door) your generosity will help us weather the storm and continue in our quest to deliver quality journalism.

As a subscriber, you will have unlimited access to our web site and magazine. You'll also be offered VIP invitations to our events, preferential rates to all our awards and get access to exclusive newsletters and content.

Just click here to subscribe and in the meantime may I wish you the very best.






Latest news

Refurbishment specialist appointed to multi-million pound fire and police business hub project

Office fit out and refurbishment specialist Overbury has been appointed to undertake a multi-million pound refurbishment of a new business services hub for Northamptonshire...

New partner promotion for BDO in the Midlands

Accountancy and business advisory firm BDO LLP has promoted 20 new partners across the firm with Jonathan Lanes named Risk Advisory Services (RAS) partner...

boohoo snaps up Debenhams IP for £55m

boohoo, the online fashion retailer, has acquired all of the intellectual property assets (including customer data and related business information and selected contracts) of...

Local leaders urge Boris Johnson to “deliver the whole of HS2 to level-up UK”

Leaders from along HS2's Eastern Leg have written to the Prime Minister, urging him to deliver both the local improvements and national connectivity which...

Multi-million pound orders see engineering firm embark on recruitment drive

Around £4 million of orders were placed in January at GAME Engineering, which specialises in materials handling solutions and security products for use in...

Related news

Plans submitted for Local Centre at new mixed-use development in Nottingham

Detailed plans for the Local Centre at the new mixed-use development at Teal Park in Nottingham have been submitted. Despite the economic problems surrounding the...

Refurbishment specialist appointed to multi-million pound fire and police business hub project

Office fit out and refurbishment specialist Overbury has been appointed to undertake a multi-million pound refurbishment of a new business services hub for Northamptonshire...

New partner promotion for BDO in the Midlands

Accountancy and business advisory firm BDO LLP has promoted 20 new partners across the firm with Jonathan Lanes named Risk Advisory Services (RAS) partner...

boohoo snaps up Debenhams IP for £55m

boohoo, the online fashion retailer, has acquired all of the intellectual property assets (including customer data and related business information and selected contracts) of...

By continuing to use the site, you agree to the use of cookies. more information

The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this.

Close