6 August 2015

Are you up to date with the new Consumer Rights Act?

Members who deal not only with other businesses but also with ordinary consumers need to be aware of the new Consumer Rights Act which will come into force on 1 October 2015. A "consumer" under the Act is an individual who is not acting for business purposes. That could include anyone ordering their elaborate wedding stationery through to someone downloading an e-book.

This is the first piece of legislation within England and Wales to consolidate the key areas of consumer law including consumer remedies and unfair terms. It is also playing "catch-up" with all the new ways in which consumers can obtain goods, particularly in the digital field.

Hopefully this will make life easier for businesses in that all the relevant legislation is in one place. However, the Act requires businesses to comply with stricter standards. As an example, a consumer will have 30 days to reject a product and the business will only have one chance to repair/replace it if something is wrong.

New digital download provisions give customers new rights to a repair, replacement and refund of faulty content eg: online films, games, music, e-books.

In preparation for its implementation in October, members should ensure that their terms and conditions are up to date. If the incorrect information is given before a contract is entered into, or unfair terms are included in a contract, then the contract could be unenforceable or the trader could find themselves being sanctioned by Trading Standards.       

BOSS Federation partner, BPIF Legal Ltd, provides assistance to Platinum members at a fixed fee for all of your day to day business law enquiries.