What does the Act govern?
Contracts between traders and consumers for the supply of goods, services or digital content.
What standards must goods meet?
They must be of satisfactory quality, fit for purpose, as described and must match any sample you saw.
What if they do not?
You may reject the goods within 30 days and claim a refund. You could instead require the trader to repair or replace the goods. After giving the trader one opportunity to do so, if the trader does not within a reasonable time or if the goods still do not conform, you have the right to a price reduction or to reject the goods and claim a refund.
What are the rules on delivery?
If a delivery date has not been agreed, goods must be delivered without undue delay and within 30 days. You may treat the contract as at an end if a delivery deadline is missed and the trader knew it was essential to meet it. You may also end the contract if a non-essential deadline and its redelivery deadline are missed.
What about services?
Services must be performed with reasonable skill and care and in accordance with any pre-contract information given to you. If they are not, you can ask for repeat performance. If that is impossible or not done within a reasonable time without significant inconvenience, you have the right to a price reduction.
If no time for performance has been agreed, the services must be provided within a reasonable time. If they are not, you have a right to a price reduction.
What is digital content?
Digital content means data supplied in digital form such as software, apps, music or videos, including where they are downloaded or streamed.
Like goods, digital content must be of satisfactory quality, fit for purpose and as described. However, if it is not, there is no right to claim a refund. You may require repair or replacement and if this is not possible or does not resolve the fault, you have the right to a price reduction.
What if the trader’s terms exclude or limit their liability?
The Act contains a number of controls on provisions like this. The relevant terms may not be binding on you or may be subject to a test of fairness to be binding. For example, goods and digital content must always meet the standards described above.
The above is a summary of some key provisions; there are exceptions and a lot more detail. There are also obligations, rights and remedies under other law.
Peacock & Co Solicitors offer services to individuals and businesses. Our business services cover commercial property transactions, business transfers and investments, shareholder agreements, terms and conditions, commercial contracts, data protection and intellectual property.
Please note the content of this article is for general guidance only. Legal advice should be sought before taking action in relation to specific matters.