This article seeks to explore the remedies available to consumers under the Consumer Rights Act 2015 which came into force in October this year.
The CRA sets out the remedies to consumers in a tiered approach. It is expected that this simplified procedure will provide some much needed clarity to consumers as to their basic rights.
1. Initial Short Term Right to Reject
This right is limited to 30 days (with the exception of perishable goods), the trader cannot contract out of this remedy but may opt to extend the period should he or she wish to do so.
In the event the time limit passes the consumer will have lost his or her short-term right to reject (unless the parties agreed it could be exercised later). The short-term right to reject extends by at least 7 days if the trader has to repair or replace the goods during that time.
2. Repair or Replace
Should the consumer not wish to immediately return the goods under the 'Short Term Right to Reject' or they are no longer able to do so due to the expiry of the 30 day period, the trader will have one opportunity to repair or replace the goods, before moving to the next tier of remedies.
3. Final Right to Reject
If repair or replacement are impossible, or the trader's one attempt at repair fails, or the first replacement is also defective, the consumer has the right to price reduction or final right to reject as set out above.
To reject goods, a consumer must indicate to the trader he is rejecting the goods and treating the contract at an end. The indication may be something the consumer says or does, but it must be clear. There is no requirement that the consumer must indicate in writing.
After the first six months, any refund to the consumer may be reduced by a deduction for use, to take account of the use the consumer has had of the goods in the period since they were delivered.
Should you require further information on this article or any related matter please contact Justin Emerson on 01245 228113 or emersonj@gepp.co.uk
This is not legal advice; it is intended to provide information of general interest about current legal issues.
