Faulty Christmas present? Know your consumer rights

christmaspresents
Most people will have heard of the Sale of Goods Act but a new law introduced in 2015 strengthens consumer rights against businesses.

If you have bought or been given something for Christmas that does not work it is important to know what rights you have.

Most people will have heard of the Sale of Goods Act, which for years has given consumers a right of redress against businesses who sell faulty goods, but few will have heard about a new law introduced in 2015 which strengthens consumer rights.

Nadia Fabri is a litigation solicitor at Pinney Talfourd. Below she explains the increased protection now available to consumers in the UK who purchase goods, services or digital content following the introduction of the Consumer Rights Act 2015.

The Consumer Rights Act

The Consumer Rights Act is designed to ensure that if something you purchase is faulty, not as described, or not suitable for the purpose for which it was intended, you have the right to insist that the business you bought it from does something about it.

Knowing your rights can help you challenge a retailer or supplier who fails to deliver on their promises. This is something that you might need to do at any time of the year but which tends to happen more frequently after Christmas.

Sale of goods

When a business sells you goods you have the right to be provided with goods that are of satisfactory quality, fit for the purpose for which they are intended to be used and as described in any literature or promotional material. If the goods are not of satisfactory quality, fit for purpose or as described, you have the right to do a number of things depending on the circumstances.

You have a short-term right to reject the goods within 30 days of purchasing them if you wish to do so. This is unless the goods you have bought are perishable, such as food, in which case rejection must happen sooner.

Once 30 days have passed you have the right to request that faulty goods, or goods which are not fit for purpose, or do not match their description, are repaired or replaced. If an attempt at repair or a replacement still falls below the expected standard you then have a further right to reject the goods or to ask for a price reduction.

Supply of services

When a business provides you with a service you have the right to receive a service that is provided with reasonable skill and care, which is charged at the rate agreed and which is performed within the time agreed. Where rates of pay or the timeframe for performance have not been agreed you have the right to be charged a reasonable rate and for the service to be provided within a reasonable time.

Where a business has told you certain things about a service or the person who will be providing it, and those things influenced you in your decision to buy the service, you also have the right to hold the business to account if the things you have been told are not delivered on or turn out to be untrue. This is a new right created by the Consumer Rights Act which makes it easier for consumers to seek redress when promises made by businesses are not honoured.

If services are not provided with reasonable skill and care, or fail to deliver on promises made by the business, you have the right to request that the business performs the service again so that it is performed correctly. Depending on the circumstances you may also have the right to claim a price reduction of up to 100 per cent.

Digital content

When a business sells you digital content, such as computer software and computer games or music downloads and films, you have the right to content which is of satisfactory quality, fit for its purpose and as described. If this does not happen you have the right to request repair or replacement unless this would be impossible or too expensive, in which case you have the right to a price reduction. If the digital content supplied has caused damage, either to other digital content or a device that you own, you may also have the right to claim compensation if you can show that the supplier of the digital content failed to exercise reasonable skill and care.

The rights in respect of digital content are new; previously digital content was treated as a general sale of goods contract and consumers did not have such extensive rights of redress when things went wrong.

Continue reading
  432 Hits
432 Hits

How to reduce sickness absence at work

flu
Alex Pearce, employment law solicitor, advises what steps you can take to reduce sickness absence within your organisation.

The average British worker takes 4.4 days’ sickness absence every year and minor illnesses such as coughs and colds are often cited as the reason. However, more days are lost on average to more serious complaints such as back, neck and muscle pain.

High levels of sickness absence can lead to reduced production, low staff morale, increased costs and poor customer service. For small employers in particular, this can be very disruptive.

 

Sickness absence policy

 

You should have a sickness absence policy in place so that employees understand what is expected of them. It should set out your arrangements for sick pay and for reporting and managing sickness absence. It will help managers to deal with sickness absence fairly and consistently.

Continue reading
  953 Hits
953 Hits

© Pinney Talfourd Solicitors | Disclaimer | Offices: Upminster | Brentwood | Hornchurch | Leigh-on-Sea | Canary Wharf