After the weeks of build-up and excitement, the Christmas period has once again come and gone in the blink of an eye. Now that normality has been restored and you finally have some spare time to sit down and sift through the pile of presents, what can you do if you only now discover your favourite new gadget is defective or not fit for purpose?
The first port of call may be to check with the trader to find out exactly what their returns policy is. Most retailers will choose to offer a returns policy which may allow consumers to request an exchange, refund or credit note. Retailers may offer these even if the goods aren’t faulty. However, if the retailer doesn’t offer a returns policy or refuses to take back the goods, you may need to arm yourself with some consumer legislation.
Consumer Rights Act 2015
The most useful piece of legislation for any consumer is the Consumer Rights Act 2015. This act has now replaced the Sale of Goods Act 1979 as the consumer’s best friend. The most notable introduction within the Consumer Rights Act 2015 is the new tiered remedy system which offers consumers varying remedies depending on how much time has passed since the date of purchase.
Tier 1 – The Short Term Right to Reject
The first tier provides that consumers are now entitled to reject goods which are faulty or not fit for purpose within the first 30 days from the date of delivery of the goods. It does not matter if the retailer has a returns policy in place which offers something different. If this remedy is requested, consumers will be entitled to a full refund as of right.
In circumstances where a consumer would prefer to opt for repair or replacement of the item during the first 30 days, then the trader will be afforded a reasonable time to repair or replace the goods. During this repairing period, the 30 day clock immediately stops running on the date that the repair or replacement is requested or agreed. The 30 day clock only begins running again from the date the repaired or replaced goods are given back to the consumer. If after repair the goods still do not conform to the contract, the consumer will then have either the remainder of the 30 day period or 7 days, whichever is the longer, in which to request a full refund.
Tier 2 – The Right to a Repair/Replacement
The Second Tier remedy comes into play after the 30 day short-term period has expired. If after this period a consumer discovers that the goods are defective, they would no longer be able to request a full refund. However, consumers can still request the trader to repair or replace the goods. Such repair or replacement must be completed within a reasonable period of time.
Tier 3 – The Final Right to Reject
In the event that the repair or replacement is either not successful or not possible, then at this point consumers can request a price reduction or a full refund. This is known as the “final right to reject”. The CRA stipulates that consumers need only accept one repair or replacement before being allowed to adopt the final right to reject. Alternatively, consumers can choose to keep the goods and request a price reduction.
Digital Content
Another useful fact to be aware of is the inclusion of digital content within the remit of the Consumer Rights Act. For example, if you receive a DVD disc which is in perfect condition but the software contained on the disc is faulty or corrupted, you are now able to request a repair or replacement. Again, if a repair or replacement is not possible or successful, you can request a refund up to the full purchase price.
Services
In addition to goods and digital content, the Consumer Rights Act 2015 also covers services which do not conform to the contract. This would include, for example, the installation of a new kitchen. In these circumstances, a two tiered remedy system is now available for any services which are not performed with reasonable care or skill or do not reflect the pre-contract representation. If this is the case, consumers are able to request a repeat performance of the services. If the repeat performance is not successful, consumers can then exercise the right to request a reduction in the price.
The introduction of the Consumer Rights Act 2015 and the new tiered remedy system is useful because it provides consumers with extended rights in respect of goods, services and digital content. Those rights vary dependent upon how long after purchase a complaint is made. It is therefore advisable to attempt to return the items sooner rather than later. This is particularly so given that after the first 6 months have expired, the trader can reduce any refund by a “deduction for use”.
If you would like to speak to a solicitor on returning unwanted gifts, please contact Michael Sproates E: mailto:msproates@jacksons-law.com or T: 01642 356500
