Christmas is a time for giving and receiving, but if this year’s presents from Santa turn out to be faulty there’s bound to be disappointment.
How does the consumer rights act help with faulty Christmas presents?
The Consumer Rights Act came into force on 1 October 2015. The Consumer Rights Act has aimed to make the law for consumers and businesses easier to understand.
The Consumer Rights Act now has in place a tiered remedy system for faulty goods, digital content, and services that clearly sets out your rights to a refund, repair or replacement.
The Consumer Rights Act has aimed to make the law for consumers and businesses easier to understand.
Tier 1: If you discover that the goods you have purchased do not meet the purpose for which they were bought, you are entitled to reject them within 30 days. You can claim a refund which must be paid to you as quickly as possible, or within 14 days of the trader agreeing that you are entitled to it.
Tier 2: If there is a breach of contract, but you choose not to exercise your right to reject goods, you can claim a repair or replacement. There must not be any cost to you for this and it must happen within a reasonable time and without inconvenience.
Tier 3: If either of the above options is unsuccessful, or not provided within a reasonable time, then you can claim a price reduction (partial or full refund) or reject the goods.
The Consumer Rights Act covers:
- What should happen when goods are faulty
- What should happen when services are not to standard or not performed as agreed
- Unfair contract terms
- The powers of Trading Standards to deal with breaches of consumer law.
Under the Consumer Rights Act, you have the right to reject the goods and get a full refund if it is within 30 days from the date of purchase.
After 30 days, you will not be entitled to a full refund in the first instance but you do have the right to a repair or replacement.
For claims against the manufacturer, there is the Consumer Protection Act 1987. This legislation is designed to protect consumers and give them rights when buying goods and services. Among other things, it protects consumers where product liability is a concern. For example, if a manufacturer had failed to put certain safety information on a product and an injury occurred, under the Consumer Protection Act 1987 you would be entitled to bring a public liability claim.
For more information, see our product liability claims guide.
Michael Hardacre is a principal lawyer, specialising in personal injury at Slater and Gordon Lawyers in Manchester.
If you would like help or advice about an injury you have suffered due to a faulty product call Slater and Gordon on freephone 0800 916 9046 or contact us online.