New Consumer Rights come into Force

The rights of consumers are strengthened from 1st October 2015 by the Consumer Rights Act 2015 which replaces the previous consumer laws protecting consumers.

The Act gives additional rights to consumers if they experience problems with goods that they have purchased.    These rights include an entitlement for the consumer to have up to 30 days to complain to the retailer about a product that they have purchased and which they subsequently find to be faulty. 

Within that period the shop will have an opportunity of either repairing or replacing the item.   However, if the problem cannot be rectified the customer can choose either a refund, or keep the faulty product and have a reduction of the price.

Consumers are also now protected by the provisions of the Act in respect of digital purchases.   This means that consumers can claim compensation if they download e-books, films, apps and software which turn out to be defective.   The test is whether the content of the digital purchase is satisfactory in the judgment of a “reasonable person”.    If the download is not free from defects and safe then a customer can complain to the retailer who will have an opportunity to repair, or replace the item.   It should be noted that however in this situation the 30 day rule would not apply.    Therefore the customer would need to complain as soon as they become aware that the download is defective.

The Act also extends the rights of consumers and gives them further protection with regard to unfair terms and conditions.   If the consumer considers that the price that has been charged is excessive they can complain and receive a refund if that is the case.  

The majority of retailers adopt a responsible attitude towards complaints but the additional protection given to consumers by the new Act will give them added confidence to complain to retailers if the products that they have paid for are not satisfactory and not in accordance with their expectations.

For further advice or assistance contact Robert Anderson robert@rdcsolicitors.co.uk or on 01274 723858 or Ram Saroop ram@rdcsolicitors.co.uk or on 01274 735511.