Consumer rights derive now from the Consumer Rights Act 2015.
The Consumer Rights Act 2015 protects the interests of a consumer during the contract. The eight consumer rights are:
Right to basic needs,
Right to safety,
Right to information,
Right to choose,
Right to representation,
Right to redress,
Right to consumer education, and
Right to a healthy environment.
The Consumer Rights Act 2015 is divided into three parts:
Part 1 – deals with consumer contracts for goods, digital content, and services.
Part 2 – deals with unfair terms
Part 3 – contains miscellaneous provisions, including, importantly, new enforcement powers.
A “Consumer“: The Act defines a consumer as “an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.”
A “Trader“: The Act defines a trader as “a person acting for purposes relating to that person’s trade, business, craft or profession”.
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David has an LL.B (Hons) degree in law. He was voted one of the UK’s most influential aspiring lawyers. He was also directly involved in the protection of workers’ rights as respected Union Rep for Usdaw, and he is the Non-Executive Legal Director for the Humber Taxi Association.
You buy a mobility scooter and use it frequently over the course of five months. By the end of this time you notice that the battery is not performing properly or retaining its charge for long. The trader performs a repair but the scooter continues to perform poorly so you choose to reject it and get a refund.
Under the Act, because you had only had the scooter for five months, the trader must provide a full refund.
If, however, you had rejected the scooter more than six months after you received it, the trader would have been entitled to reduce the refund to take account of the use that you had had of the goods.
A trader is contracted by you to decorate a room for a party. You inspect the work the day before it is due to be finished and say that it is not in line with the colour scheme you agreed with the trader’s assistant. The trader phones the assistant, who
agrees that you did specify the colour scheme.
Under the Act, you can ask the trader to re-do the decorating. Due to the purpose of the service, the trader would need to re-do the work before the party to have done so within a “reasonable time”.
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