When you buy a product, often the seller tries to include a warranty for an additional price.  However, customers already have rights under the Consumer Protection Act 2015 which are often as good or better than any warranty.

Consumer Rights

Under the Consumer Protection Act 2015 all products must be as described, fit for purpose and of satisfactory quality.

A simple example for each of these would be as follows:

1. Not as described – customer orders a blue dress and a green dress is delivered.
2. Not fit for purpose – a car bought for towing a caravan (and the seller knew that was the purpose for which it was bought) but the vehicle was not powerful enough so to do.
3. Not of satisfactory quality – a shirt where a button falls off less than one month from purchase.

As a general rule, the more expensive the item the more near perfect the product has to be.

Important Timescales

Where a product is faulty (in that it is not fit for purpose or of satisfactory quality) if the fault or faults occur within six months of purchase the Consumer Protection Act states that those faults were deemed to be present when purchased unless the seller can prove otherwise.

Once a fault is identified which means that the produce is not of satisfactory quality or fit for purpose, the buyer can either ask the seller to repair or remedy the faults or reject the goods and ask for a refund.

However, this initial right to reject is only available for 30 days after the goods are delivered.

If the seller is asked to remedy the fault, then they must do (if possible) within a reasonable time and if not, the buyer can reject the goods and ask for a refund.

Practical Points

Often the seller will not accept the fault. Therefore, the buyer should collect evidence to prove that the product is not fit for purpose or of satisfactory quality for example photographs or a brief report from a relevant expert.

The seller (particularly when the faulty goods are expensive for example a car or caravan) will try and carry out repairs under the manufacturer’s warranty.

Whilst a matter for the buyer in each case, remember any claim under the Consumer Protection Act 2015 is always against the seller of the goods for example the garage who sold the car rather than in that example the manufacturer of the vehicle.

The above information only gives an overview of buyers’ rights under the Consumer Protection Act 2015.  If you require specific advice on any of these issues, Ridley & Hall’s specialist civil litigation solicitor David Wilson can help.

David Wilson – Solicitor