The Consumer Rights Act 2015 (‘CRA’) came into force on 1 October 2015 and is designed to protect both consumers and businesses.
The CRA aims to protect consumers against poor-quality products, faulty repairs, bad workmanship and unfair contract terms with regards to transactions, repairs, refunds and delivery. For example, the CRA can apply to the purchase of a faulty car from a dealership; the purchase of a defective animal from a pet shop or professional breeder; a flawed bathroom installation or a poorly completed extension to your property.
The CRA governs contracts made between businesses and consumers and covers the supply of goods, the sale of goods, the hire of goods and the hire purchase of goods in one place. It also applies to the supply and sale of digital content, and in relation to services.
The CRA provides the following protections for consumers by implying the following terms into the contract:
- The goods purchased to be of satisfactory quality – this is decided by looking at the following criteria – fitness for all the purposes for which goods of that kind are usually supplied; appearance and finish; freedom from minor defects; safety and durability. This list is not exhaustive.
- Goods to be fit for particular purpose.
- Goods to be as described.
- Other pre-contract information included in contract. This means that compliance with pre-contract information is required.
Similar protections are afforded for the supply of digital content.
In contracts for the supply of services, the following terms are implied into the contract:
- The trader must perform the service with reasonable care and skill.
- The consumer must pay a reasonable price for the services.
- The trader must perform the services within a reasonable time.
What are the potential remedies?
The CRA gives you a short-term right to reject faulty goods within 30 days: you can claim a refund from the trader if what you bought does not line up with the contract. Furthermore, in the alternative, you can insist on the trader repairing/ replacing the goods unless it is impossible/ disproportionate to do so. If the repair/ replacement is impossible or disproportionate, you can ask for a price reduction. In terms of services, you can ask the trader to repeat the works, or a reduction in price.
The remedy you are able to seek will be based on the individual facts of your case.
Contact info@bhwsolicitors.com if you would like one of our expert team to assist you in a claim under the CRA.