Consumer rights is something that affects us all in one way or another, whether you’ve purchased an item that wasn’t fit for purpose, as described, or of a satisfactory quality.
The Consumer Rights Act 2015 outlines a three tier remedy structure for consumers who have reason to believe that they are in receipt of defective goods.
This structure is outlined below:
1. Consumers have a 30-day mandatory period in which a trader must allow the Consumer to reject the goods, in exchange of a full refund.
2. Consumers may request the trader to repair or replace the goods at the trader’s cost, where possible, so long as the cost is not disproportionate to the value of the goods.
Should a trader either refuse to replace or repair the goods, and/or fail to adequately replace or repair the goods on the first attempt, the consumer may proceed to their next remedy. This remedy may be one to consider if you’ve owned the item between 30 days and 6 months.
3. The right to a price reduction or the final right to reject. Where it is not possible to repair or replace the goods, the consumer may request a discount or return the goods and request a refund. Traders may make a deduction for any use which the consumer has had of the goods.
Consumers should however be aware that the remedies available to them are ultimately affected by not only the product itself but the duration in which they have owned the faulty product. It is for example considered the consumer’s responsibility to prove that an item was faulty/ not fit for purpose at the time it was purchased, if the fault appeared after six months of ownership.
Whilst advice is subsequently tailored to each specific set of circumstances, here at Hartlaw we seek to achieve not only the best possible resolution for the individual consumer, but we can also assist traders and businesses by minimising their risk of exposure both from a financial and reputational point of view. We offer a range of services for both contentious and non-contentious matters. Our services are inclusive of but not limited to providing advice on how to resolve complaints, drafting legal documentation, right through to litigation of a case in dispute.
Breach of Contract
In addition to Consumer Rights Claims we also assist Clients with a number of Contractual issues, whether these be Commercial or otherwise.
For more information please contact Rebecca Watson on 01937 547024 or email rebeccaw@hartlaw.co.uk
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