CONSUMER CONTRACTS REGULATIONS

Reference: https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

CANCELLATION

Cancelling goods and services under the UK Consumer Contracts Regulations?

The Consumer Contracts Regulations also give you key cancellation rights when you enter into contracts at a distance over the phone, online, from a catalogue or face-to-face with someone who has visited your home, for instance.

These cancellation rights are more generous than if you bought goods or services from a high street shop. For details on your rights when you buy from a high street shop, read our guide to the Consumer Rights Act.

Your right to cancel

Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.

If your order consists of multiple goods, the 14 day period runs from when you get the last of the batch.

This 14 day period is the time you have to decide whether to cancel, you then have a further 14 days to actually send the goods back.

Your right to a refund

You should get a refund within 14 days of either the trader getting the goods back, or you providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is the sooner.

If the retailer has offered to collect the goods, it should refund you 14 days from the date you informed it you wanted to cancel the contract. So, this means you don't have to wait for the retailer to have collected the goods to get your refund.

A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.

The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop.

Refunding the cost of delivery

The trader has to refund the basic delivery cost of getting the goods to you in the first place, so if you opted for enhanced service eg guaranteed next day, it only has to refund the basic cost.

Exemptions

There are some circumstances where the Consumer Contracts Regulations won’t give you a right to cancel.

These include, CDs, DVDs or software if you've broken the seal on the wrapping, perishable items and tailor-made or personalised items. They also include goods with a seal for health protection and hygiene reasons that's been broken.

Also included are goods that have been mixed inseparably with other items after delivery.

RETURN

The Consumer Rights Act 2015

The Consumer Rights Act sets out your rights when you're buying products, services and digital content.

Product quality - what should you expect?

As with the Sale of Goods Act, under the Consumer Rights Act all products must be of satisfactory quality, fit for purpose and as described.

The rules also include digital content in this definition. So all products - whether physical or digital - must meet the following standards:

• Fit for purpose The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods.

• As described The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.

• Satisfactory quality Goods shouldn't be faulty or damaged when you receive them. You should ask what a reasonable person would consider satisfactory for the goods in question. For example, bargain-bucket products won’t be held to as high standards as luxury goods.

One aspect of a product being of satisfactory quality is durability, in other words how long it lasts.

Durability takes into account many different factors like product type, brand reputation, price point and how it is advertised. For example you're unlikely to be able to claim a cheap kettle that's stopped working after four years isn't durable. Whereas a more premium and expensive kettle that's been well looked after and has stopped working after 14 months could be considered to not be durable, and therefore not of satisfactory quality.

How long do you have to return a faulty product?

The Consumer Rights Act gives you the legal right to either get a refund for goods that are of unsatisfactory quality, unfit for purpose or not as described, or get it repaired - depending on how long you've owned it:

• 0 - 30 days you can claim a full refund for goods that are of unsatisfactory quality, unfit for purpose or not as described.

• 30 days - six months you must give the retailer one opportunity to repair or replace it before you can claim a refund

• six months or more you must give the retailer one opportunity to repair or replace it before you can claim a partial refund, and the burden of proof is on you to prove the product is faulty

If you'd prefer a repair or replacement in the first 30 days you can ask the retailer, but it cannot refuse to give you a refund.

Your right to a repair or replacement

You can state your preference, but the retailer can normally choose whichever would be cheapest or easier for it to do.

If the attempt at a repair or replacement is unsuccessful, you can then claim a refund or a price reduction if you wish to keep the product.

Beyond the first 30 days of ownership you're entitled to a full or partial refund instead of a repair or replacement if any of the following are true:

• an attempt at repair or replacement has failed

• the cost of the repair or replacement is disproportionate to the value of the goods or digital content

• a repair or replacement is impossible

• a repair or replacement will cause you significant inconvenience

• the repair or replacement will take an unreasonably long amount of time.

If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you can reject the goods for a full refund.

If you don't want a refund and still want your product repaired or replaced, you have the right to request that the retailer makes further attempts at a repair or replacement.

If you discover the fault within the first six months of having the product, it is presumed to have been there since the time you took ownership of it - unless the retailer can prove otherwise.

The retailer can't make any deductions from your refund in the first six months following an unsuccessful attempt at repair or replacement.

SHIPMENT & DELIVERY

Delivery of goods

The Consumer Rights Act, which came into force on 1 October 2015, says the retailer is responsible for the condition of the goods until the goods are received by you, or by someone else you have nominated to receive them on your behalf such as a neighbour.

This means that the retailer is liable for the services provided by the couriers it employs - the delivery firm is not liable.

There is a default delivery period of 30 days during which the retailer needs to deliver the goods to you unless a longer period has been agreed.

If your delivery is later than agreed and it was essential that it was delivered on time, then you have the right to cancel the purchase and get a full refund.

If the delivery isn’t time essential but another reasonable delivery time can’t be agreed, you’re also within your right to cancel the order for a full refund.