Ellisons act for a number of local businesses that supply goods to consumers. In this article, Marshall Crane describes when a consumer can demand a repair, a replacement or a refund.
The Consumer Rights Act 2015 (CRA) is a comprehensive piece of legislation designed to strengthen consumer protection in the UK. It consolidates multiple areas of consumer law into a single framework, ensuring clearer rights and remedies for consumers who purchase faulty goods or services. Its key remedies are “Repair, Replace, and Refund”. Each of these remedies are detailed in the Act and applies under specific conditions.
Right to Repair or Replacement
Under Section 23 of the CRA 2015, consumers have the right to demand a repair or replacement when the goods they purchased are faulty, not as described, or fail to meet the expected quality. This remedy applies within 30 days of delivery. If the goods have a fault, the consumer can choose between a repair or a replacement. The trader must then provide the remedy without charge, within a reasonable time, and without significant inconvenience to the consumer.
If the goods are repaired and the issue persists, or if the repair does not meet acceptable standards, the consumer may have the right to a replacement instead. If the replacement still fails to meet the standard, the consumer may be entitled to a price reduction or refund.
The right to repair or replacement does not apply if the consumer is at fault for the defect, such as damage caused by misuse. It also doesn’t apply if the product was sold “as seen” or with clear terms that certain defects are inherent in the product, such as with second-hand goods.
Right to a Refund
The right to a refund is primarily governed by Sections 20-22 of CRA 2015 A consumer is entitled to a full refund if the goods are faulty, not as described, or not fit for purpose within the first 30 days of purchase. This right exists regardless of whether the consumer can prove the defect was present at the time of purchase.
If a defect becomes apparent after 30 days but within 6 months, the consumer still has the right to a refund if the goods cannot be repaired or replaced to a satisfactory standard. In this case, the onus is on the trader to prove that the goods were not defective when sold. After 6 months, the burden of proof shifts to the consumer, who must demonstrate that the fault was present at the time of purchase. If the goods are used for a long period or the consumer has caused the fault, the right to a refund may be restricted or reduced, especially in the case of a motor vehicle.
The right to a refund is subject to the consumer returning the goods in their original condition and within a reasonable period. However, it may not apply in cases where goods have been personalised or made to order.
To exercise this right, the consumer must indicate to the trader that they are rejecting the goods and treating the contract as at an end. Ideally, the consumer should formally write to the trader outlining it`s clear intention to return the goods. At this point, the trader has a duty to refund the consumer, who has a duty to make the goods available for collection as agreed.
If you have any questions on Consumer rights or commercial litigation, please contact a member of our specialist Commercial Litigation Team.