CONSUMER RIGHTS / SALE OF GOODS / SUPPLY OF SERVICES

The Consumer Rights Act 2015 (CRA) provides consumers with protection when making purchases of goods and services. It replaced The Sale of Goods Act 1979 (SoGa) and the Supply of Goods and Services Act 1982 (SoGSA) in relation to consumer matters. The SoGA and SoGSA still exist for goods and services in relation to business-to-business transactions.

The Consumer Rights Act 2015

Whether it be over the internet, over the phone, via a shopping channel, by mail order or on the high street, the CRA provides protection to the consumer. It also does not matter how small or big the goods are, i.e. they could be as small as a keyring or as large as a car.

Consumers cannot always rely on retailers to behave in a lawful or honourable way. It is therefore important that you understand the rights that the CRA provides and what remedies there are to resolve problems when buying goods.

Essentially, any goods that are sold must be:

• of satisfactory quality; and
• fit for a particular purpose; and
• as described.

In addition to the above, any pre-contract information that you have been advised of and relied upon also forms part of the contract. This includes statements made verbally or in writing.

If the goods do not conform to the CRA then you as the consumer do have rights under the act. You can either have the goods:

• • repaired or;
  • replaced or;
  • a refund given or;
  • a combination of the above

 The CRA now also applies to digital content which also must be of satisfactory quality, fit for a particular purpose and as described. Consumers have similar remedies to that of goods with the additional remedy that if digital content causes damage to a device or other content then the consumer has the right to have the damaged items repaired.

The CRA also has a provision for a consumer contract for services. A service could be as simple as a window cleaner cleaning windows to a builder doing extensive repairs on a house.

A supplier providing a service must provide the service:

• with care and skill and;
• within a reasonable amount of time and;
• at a reasonable price

Again like the provisions about goods, pre-contract information is also binding.

If there is a failure under this part of the act then you as the consumer can seek remedy by seeking an order for a repeat performance or a price reduction

The Sale of Goods Act 1979 and The Supply of Goods and Services Act 1982

The SoGA and SoGSA still apply to business-to-business transactions in the same way as they did before

Essentially, any goods that are sold must be:

• of satisfactory quality and;
• as described.

A supplier providing a service must provide the service:

• with care and skill and;
• within a reasonable amount of time and;
• at a reasonable price

So if you require any further advice or assistance in this area of law, please do not hesitate to contact us.