After many years of debate, the new Consumer Rights Act 2015 has finally come into force, replacing the previous Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations Act, and the Supply of Goods and Services Act. The new legislation provides far greater protection to consumers by clarifying – in layman’s terms – their rights and remedies in the event of unsatisfactory purchases. If you’re not acquainted with the new laws, this article will take you through the fundamental changes.
Digital Rights
Under new legislation you will now have safeguards for digital media, such as films, video games, e-books, software and music. This includes media that comes free with other ‘paid for’ goods, and digital content that is supplied on physical mediums. In addition, if any download gives your computer, tablet or mobile device malware, the retailer must cover the costs of removal and repair. This is the first time any form of digital purchase has been given clear, enforceable legal protection.
Faulty Goods
The most important legislative change is the right to a no-quibble refund within 30 days of delivery if an item is faulty – this applies to both online and high-street purchases. Previously, the law simply stated that retailers must provide a refund if it was within a “reasonable amount of time” from the date of purchase. This gave them the leeway to bend the law in their favour, often providing as little as seven days.
The new law also provides long-term purchase coverage. After the 30 day period retailers are given one chance to fix faulty goods free of charge. If they fail, you may ask for a full refund or another repair. Cars are the only exception, as reasonable reductions must be taken into account due to wear-and-tear. If, after six months (or one year when considering guarantees), you encounter a problem, you must provide evidence to prove that the item was faulty on the date of delivery.
Making a Complaint
All products – digital or physical – must be of satisfactory quality, fit for purpose, and as described. Consumers are entitled to refunds and repairs at no expense for purchases that don’t meet the criteria, providing action is taken within the allotted time-frame. Claims under the Consumer Rights Act 2015 should always be made out to the retailer who sold the product, rather than the manufacturer.
It’s important to note that the new legislation only covers products that are faulty or deemed unfit for purpose. If the product in question is of satisfactory quality, retailers are not legally obliged to provide a refund, unless the product was purchased online. Mail order purchases can be returned within 14 days of delivery. Many retailers, however, provide longer time frames; therefore, it’s still worth checking the small print on mail order purchases if you want to return an item that exceeds this limit.
Fundamentally, the new Consumer Rights Act 2015 makes retailers easier to challenge if they try to enforce unfair terms, such as hidden fees and charges. While the new legislation has been in place since 1st October, problems are expected to occur, as a large number of customer service representatives will inevitably be unaware of the changes. Retailers are being encouraged to train staff immediately in order to prevent potential lawsuits.
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I bought a fridge freezer 4 days ago from currys pc world. It doesn’t work . I’ve asked for a refund , but they’ve said they need to send an engineer out to confirm it isn’t working . I said that under the consumer rights act 2015 , can’t I have a refund . They said they’re policy doesn’t work like that . So I’m having to take a day off work for an engineer to come round.
Any advice ?
You have the right to reject it. Simply inform them you have rejected it and they must come and collect it or you will request your credit card company to make a refund for defective goods. Alternatively if you paid by debit card you may also be covered, otherwise threaten to sue them for your money. Remember to point out the date when you first informed them of the defect and also record all details of who you spoke with and when and what was said or discussed.
I purchased a bed online. The goods arrived damaged. I informed the company and sent Photos of the damage. The company agreed to collect and refund or exchange. Then nothing.
We contacted them asking when would they be collecting the goods and delivering the new bed. They said I would have to arrange the return at my cost. Am I liable for the cost of return?
I bought a boat a brand new boat from a dealer and pad full price on manufacture in France as per the sale agreement. The boat arrive with the dealer and was being commissioned on he dealers pontoon in his yard when a large fishing boat crashed not it and severely damaged it. The deale says it’s my problem because title passed on payment but I had not taken delivery and it was not fully commissioned. The dealer has washed his hands off it. I can probably claim from the fishing boat but should I have to do this and accept a repaired boat without now warranties?
I bought an expensive piece of newly developed medical equipment which went wrong ie stopped working, within the first two months. It got sorted , I think by changing attached parts but went wrong in the same way 4 times since.
it last went wrong in August and it took them 4 months to find the fault and finally have located in the main body of the machine . They now are charging me for this repair, can they do that?
I purchased sofa for Rs 45000/-from Home Centre Visakhapatnam. with in 2-3 months it started sagging. The supplier claims it can only be done service for sagging, no replacement will be done. They claim to be the nature of manufacturing is so. why the consumer bear the defective nature of product
We order sofas from dogtas furniture endmonton London january 29 they say in 10 weeks we will get. Now they changing company name i scared that they doing banctropt. They say to wait sofas 5-6 weeks more How i can get money back because i pay already
I bought a second hand phone on 10april i set the phone running the set up programme and put it in my back pocket whilst it was doing this I took the phone out of pocket ten mins later and the screen was badly cracked what are my rights to a refund or repair or replacement and do they have to supply me with a temporary phone whilst damage is repaired
I brought a mobile phone online it arrived with a broken screen the online company are refusing a refund saying the courier said it was not damaged what can I do ?
I bought a second hand car from a dealers which cost me several thousand pound.
On the 5th week of using it I noticed smoke coming from the engine, I pulled over quickly and the car was on fire under the bonnet. I managed to put the fire out. The garage can’t find what started the fire and now I am without a car and am still going to have to pay for it.
What are my rights please?
We bought an imac at Best Buy in November 2017, now is only September 2019 now even two years the computer died, we take to the repair shop and they inform us that the unit that was sold to us was from 2015 it was refurbished and we are not aware of it, can we go after the best buy for repair or refund?. This is supposed to be an apple product this would have at least given us few years, the sad part is, we didn’t buy the extra coverage as we didn’t think we need one?. Any advice?
Hi,
My company bought 6 x Thermal Jugs from a company on Amazon, after just over a month of use all the tops have come away from the seal and fell (with boiling hot tea & coffee inside) whilst our staff where carrying them. I have contacted the seller and they will only offer a refund for 1 of the items, surely this cannot be fair! We will now have to buy more as they are dangerous to use?
Please can anyone help?
Many thanks
Hi – I bought an accent chair and matching footstool from DFS and had it delivered 4 days ago. Trouble is it looks AWFUL in my lounge and despite the fact I love the chair and footstool it can’t stay in my lounge. I’m not sure if DFS offer a cooling off period, whereby I can return it but I suspect not. Any ideas please?
I payed 1000 pound for a playstation from Brighthouse then got a tv from them but the first one was not what I wanted then sent me another one then it stopped working asked them to pick it up thay never did and communication broke down so stopped paying them now 3years later I’m getting letters from them threatening to take me to court for 3000 pound
£3000 are you kidding
I purchased a laptop in April through argos on ebay , it worked well until 2 months ago then started running slow (despite plenty of available space) I persevered however over last 7 days the laptop just keeps freezing & tequire a complete restart,not great to work with. It is still under a 12month guarantee and argos are refusing to replace it or refund it. They say they will repair it, I think that is wrong as being only 7 months old it should not need repaired and to be honest what if it goes wrong again & guarantee has ended.