Table of Contents
Shopping - Consumer rights when buying a good under the Consumer Rights Act of 2015 (CRA 2015)
Consumer’s rights when buying a good under the **Consumer Rights Act of 2015 (CRA 2015)**
- A consumer has the right to reject the faulty good and get a refund within 30 days of purchase.
- The consumer can also ask the retailer to repair or replace a faulty item within six months of purchase.
- The consumer’s rights against the retailer can last for up to six years but the onus is on the consumer to prove a fault was present at the time of purchase after the first six months.
- In addition to rights implied into the contract by the CRA 2015, a consumer can also elect to use a guarantee or warranty if the product develops a fault.
Core consumer rights under the **Consumer Rights Act of 2015 (CRA 2015)**
- A right to get what you pay for: all information about the main characteristics of the goods, including statements made in advertising or on labels, to form part of the contract.
- A right to have faults in what you buy put right: Clearer tiered remedies in the event that a consumer’s rights are breached, including a mandatory 30-day period (from the date of purchase) in which to reject a faulty good and get a full refund. (However, this right doesn’t apply to faulty digital content.)
- No deductions can be made from a refund in the first 6 months after purchase. The only exception to this is motor vehicles, where a reasonable deduction can be made by the retailer for the use the consumer has had of the vehicle.
- If the consumer is outside the 30-day right to reject, they cannot demand a full refund in the first instance but still has the right to a repair or replacement of the faulty good. But the retailer can refuse if it can be shown that the consumer's choice is disproportionately expensive compared to the alternative.
- It is important to note that traders are limited to one opportunity to repair or replace a faulty good, following which the consumer can demand a discount or return the goods and demand a refund. (If the consumer doesn't want a refund or price reduction, they have the right to request another repair or replacement at no cost to them.)
- Right that digital content is fit for purpose: Digital content has its own separate regime of rights and remedies applied both to paid for content (including where paid for with 'virtual currencies') and content that is provided free with other paid for items (e.g. apps and in-app purchases and open source software), and digital content supplied on a physical medium (such as a DVD). Provisions have been drafted to accommodate future developments (for example, content provided in return for consumer data).
- Right that traders perform services with reasonable care and skill within a reasonable time: The consumer has the right to ask for a repeat performance of services not performed properly or, if that is not possible or done within a reasonable time, the right to a price reduction.
- Unfair terms in consumer contracts: Drawing on the recommendations of the Law Commission, the CRA 2015 replaces and expands on the current rules regarding unfair terms in consumer contracts
For a refund, repair or replacement
The Consumer Rights Act of 2015 was designed to simplify the law on faulty goods, making it clear to retailers and shoppers what should happen when a product fails.
Under the Consumer Rights Act shoppers are entitled to an automatic and full refund if a product is found to be faulty within 30 days of purchase. If the problem occurs between 30 days and six months, the retailer is required to at least offer a repair or replacement.
If a repair is offered and fails to correct the fault, then the shopper should get a full refund.
Where an item is more than six months old, the customer has to prove they were not responsible for the fault. But they can still ask for a replacement, repair or a refund. Importantly, the refund will be less than the original purchase price to reflect the use the buyer has had from the product.
For items bought over the phone or internet
The Consumer Contracts Regulations 2014 state that if you return items bought over the phone or internet within 14 days of receiving them, you should receive a full refund. There does not have to be anything wrong with the goods: it's enough simply to have changed your mind. The rules state that as well as a refund for the item, customers should get back their original, standard delivery costs if they return the whole order at once.
Exceptions include CDs, DVDs and software where the seal has been broken, and made-to-measure items.
Customers who return items should get a refund for the price of the goods and the standard postage costs they paid for home delivery. Lawyers say the original delivery fee should be handed back automatically as part of any refund if the items are returned within a set period.
Shops are not obliged to refund the extra you might have paid for one-day or express delivery
There is no need to fill in a separate form for this refund as this is not reflected in the regulations or in government guidance. The Department for Business, Energy and Industrial Strategy, which oversees the rules, says: 'The Consumer Contracts Regulations apply regardless of whether or not a consumer has filled in a form. If businesses fail to comply with the rules, the consumer can claim a breach of the contract, and trading standards can apply for a court order requiring compliance.'
If the shop refuses the refund of the postage costs, write to complain, quoting the Consumer Contracts Regulations 2013. As a last resort, take your complaint to Trading Standards. Call Citizens Advice for guidance on 03454 04 05 06.