This article first appeared in Equestrian Trade News.
Current consumer law is changing as a result of the new Consumer Rights Act 2015 which comes into force on 1 October 2015.
Retailers dealing directly with consumers will need to make sure they are compliant with the Consumer Rights Act 2015 ("CRA") by reviewing terms and conditions, sales documents and assessing business practices. The aim of the CRA is to consolidate and replace current consumer legislation including:
The CRA will only apply to business to consumer contracts and to contracts made after 1 October 2015. The legislation listed above will still be in force in relation to business to business contracts and those contracts made prior to 1 October 2015.
Goods and delivery
Retailers will be aware of the various statutory quality standards that apply to the sale of goods. Requirements that goods must be (1) as described; (2) of satisfactory quality; and (3) fit for purpose still remain. However, the CRA introduces a number of additional requirements and twists to the existing standards. These include:
Goods - Rights and Remedies
The rights and remedies available to consumer have been significantly clarified and widened. The key changes are as follows:
As a result, retailers will need to review existing refund and repair policies as well ensuring that any information given to consumers about their rights does not conflict with the CRA.
Unfair terms
The Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999 are being merged in the CRA 2015. As with the previous legislation, a retailer will be unable to exclude or limit its liability in relation to many of the core CRA provisions. In addition, the CRA now extends the fairness test to contract terms and consumer notices and relevant terms will now need to be both transparent (e.g. in plain and intelligible language) and prominent (e.g. brought to the consumer's attention). Currently, the law only requires transparency but not prominence.
Services - Rights and remedies
As well as covering goods and digital content, the CRA will also govern the standards relating to services. The implied terms relating to services are largely a repetition of the existing law, however, by way of reminder:
Any verbal or written information provided to the consumer which they rely on when (1) deciding to enter into the contract; and/or (2) when making a decision about the service after entering into the contract will be incorporated into the contract.
Although the onus will be on the consumer to prove that a service did not meet the terms referred to above, the remedies for defective performance of services include:
The CRA does not give a consumer the right to have someone else complete the service and then charge the original trader. However, as with the sale of goods, other remedies available to consumers include claiming damages, seeking specific performance and the right to treat the contract as being at an end.
As with the sale of goods, retailers will not be able to exclude or limit liability in relation to the implied terms.
What does your business need to do?
In order to achieve compliance with the CRA, retailers should review and update:
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