The Consumer Rights Act 2015
With effect from the 26 March 2015 the Consumer Rights Act 2015 (“CRA”) implements a European directive and deals with additional matters. It also brings together or consolidates various pieces of consumer legislation. The result is an Act containing 100 sections.
The key areas covered by the Act may be summarised as:
• The grouping together and improvement of the rights of consumers in respect of goods, services and digital content;
• The bringing together of rules on unfair terms in consumer contracts and notices; and
• A revision of enforcement powers.
The onset of the digital age is reflected in specific rights relating to “digital content” which term includes downloadable computer games, software, films and music.
There are new rights. Goods must be the same as any model seen, and if installation was part of the agreement then incorrect installation will be construed as goods not conforming with the contract. So far as digital content is concerned if goods include digital content then if the digital content does not conform with the contract then there will be a statutory breach.
The CRA also specifically makes pre-contract information an implied term of the contract so that any disparity will give rise to a claim for breach of contract.
There is a new right to reject goods which are faulty or not as described within 30 days. If a trader does not succeed in repairing defective goods then a consumer can either reject the goods or claim a reduction in the price.
What will be the impact of the new legislation? As ever this remains to be seen but if you are an individual undoubtedly your rights have been enhanced. If you are a trader then it may be appropriate to review your terms and conditions to ensure that they reflect the new legislation in order to avoid uncertainty in the event of a dispute.
In either case Hand Morgan & Owen can help. In the first instance please contact Nigel Pepper, Consultant Solicitor who can ensure that you receive help from the right member of our team. Contact 01785 211411 or email firstname.lastname@example.org
21 April 2015
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances. (50587)