THE rights of consumers can be a minefield. Get it wrong and the costs can be high. Not only to a company’s bank balance but also to its reputation.
The specialist corporate and commercial team at leading regional law firm Tollers are able to help businesses ensure systems are in place to avoid costly mistakes.
The Consumer Rights Act 2015 is new legislation, which overhauls and consolidates consumer rights in the UK.
THE rights of consumers can be a minefield. Get it wrong and the costs can be high. Not only to a company’s bank balance but also to its reputation.
The specialist corporate and commercial team at leading regional law firm Tollers are able to help businesses ensure systems are in place to avoid costly mistakes.
The Consumer Rights Act 2015 is new legislation, which overhauls and consolidates consumer rights in the UK. The Act applies to terms in contracts between traders and consumers and also to some notices that are used in connection with certain consumer contracts.
The Act will introduce many new rights and remedies for consumers and includes provisions in areas such as the relationship between consumers and letting agents, secondary ticketing and collective actions in relation to anti-competitive behaviour. There are also changes in the law governing the supply of goods and services.
Key points are:
* Digital content: There are new rights and remedies for digital content such as downloadable computer games, software, films and music.
* New rights: Now goods must match any model seen or examined by the consumer, and will not conform to contract if they are incorrectly installed (where installation was part of the contract).
* Pre-contract information: If any was provided to consumers prior to purchase, then it will become an implied term of the contract and the consumer can claim for any costs incurred if a trader breaches these terms.
* Rejecting goods: Consumers will have up to 30 days to reject goods that are faulty or not as described. If an attempt to repair defective goods is unsuccessful, consumers can reject them or claim a reduction in price.
* Unfair terms: Existing rules on unfair terms in consumer contracts have been revised and there are also new legal remedies for consumers in respect of defective services.
* ‘Grey’ List and ‘Black’ List: Terms which may be unfair or which automatically will be found to be unenforceable are listed.
The Act also introduces a new wider definition of the term ‘consumer’ and now applies to activities conducted by an individual which are ‘wholly or mainly’ outside that individual’s business. If there is any doubt an individual will be presumed to be acting as a consumer until shown not to be.
The provisions of the Act relating to the sale or supply of goods and services are expected to come into force on 1 October 2015.
Do you run a business that deals with consumers? We can advise in detail on the changes introduced by the Act, review your sales procedures, terms and conditions and exclusions and limitations of liability and recommend any steps you may need to take to ensure compliance?
If you are concerned about the impact of the Act on your organisation, talk to Tollers on 01604 258558 and ask for Liz Appleyard our Corporate and Commercial Partner who will happily assist.
