30 mars 2015
Selling to UK consumers – 1 de 5 Publications
What are the rules on selling to UK consumers? As part of a series of articles on UK consumer protection law, we look at the Consumer Rights Act 2015 provisions on selling goods to consumers.
Statutory rights and remedies related to consumer contracts for goods are dealt with in Part 1 of the Consumer Rights Act 2015 (CRA).
"Goods" means any tangible moveable items but that includes water, gas and electricity if and only if they are put up for supply in a limited volume or set quantity.
A goods contract is a contract for a trader to supply goods to a consumer. This includes:
Goods contracts dealt with under the CRA are:
The consumer has a number of rights which will be implied into the contract if not dealt with expressly. The trader cannot exclude or limit liability in relation to them.
Different rights attract different remedies which themselves vary depending on the nature of the contract. Remedies under the CRA are in addition to other remedies such as damages which may be available but a consumer cannot recover more than once for the same loss.
The CRA provides for a series of tiered remedies to be relied on one after the other in relation to goods contracts although not all remedies are available for each right:
A right to reject entitles consumers to: reject the goods wholly or partially; treat the contract as at an end (repudiate it); and receive a refund (subject to certain exceptions).
On rejection of the goods, the trader must provide a refund without undue delay and in any event within 14 days of agreeing a refund is due. Where the final right to reject is exercised after six months from supply of the goods, the trader may make a deduction from the refund to allow for the consumer’s use of the goods, up to the full contract price. The trader is also responsible for the costs of returning the goods (other than any costs incurred by the consumer in returning to the place where the goods were originally transferred).
30 March 2015
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30 March 2015
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30 March 2015
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30 March 2015
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30 March 2015
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par plusieurs auteurs
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