It is safe to assume that upon hearing of the birth of their spiritual leader, the three wise men had nothing but honourable intentions when they travelled from afar and came bearing gifts of gold, frankincense and myrrh and what a valuable gift to receive. What though could they do if they arrived at the stable and to their horror one of the precious jars had a crack and some of the contents had leaked out!
The Consumer Rights Act 2015 (CRA) provides consumers with statutory rights to receive goods of satisfactory quality as well as being fit for purpose. Following receipt of the goods, if a defect or non-conformity is discovered then the consumer has the right to a number of remedies. Firstly, the consumer is entitled to the ‘short-term right to reject’ within the first 30 days which allows the consumer to return the goods for a full refund. Alternatively, the consumer can also request a repair or replacement of the goods. If a repair or replacement is requested within the first 30 days then the 30 day period for the ‘short term right to reject’ is essentially paused from the date of request and only re-commences once the repaired/replaced product is supplied. The consumer can still adopt the ‘short term right to reject’ after an unsuccessful repair/replacement if the 30 day period has not expired.
If the initial 30 day period has expired and the goods still do not conform, the consumer has some additional remedies. The consumer is able to request a repair or replacement at any time. However, if a repair/replacement is impossible or has been unsuccessful at any point, the consumer can then either choose to keep the goods and request a price reduction or, alternatively, return the goods and request a refund. Consumers should bear in mind, however, that after the first six months following receipt of the goods, the trader is entitled to deduct a reasonable amount from any refund to reflect the use of the goods (or within the first six months in the case of a motor vehicle).
However, what if the gift was not as valuable as gold, frankincense and myrrh and having received a Christmas jumper they knew they would never wear, a recipient would like to return a gift from whence it came. Well if the item was not faulty this would be at the discretion of the retailer who sold it.
