Consumer rights act 2015 Flashcards

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1
Q

What section does supply of goods cove

A

Section 9-11

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2
Q

What does S9 state about goods

A

Should be of satisfactory quality, not faulty or damaged

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3
Q

How are the satisfactory goods of goods judged

A

To what a reasonable person would consider satisfactory

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4
Q

What does S10 state about goods

A

Are they fit for purpose, should be fit for the purpose they are supplied for as well as any specific purpose
made known to the retailer

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5
Q

What does s11 state about goods

A

They should be as described, must match any description, models or samples shown at the time of purchase

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6
Q

Can goods also include digital content such as downloads, software and pre-installed content

A

Yes

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7
Q

What sections cover bringing a claim against the supply of good

A

Sections 20 and 23

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8
Q

Who must you bring a claim against for the goods

A

Retailer not manufacturer

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9
Q

What does s20 state about bringing a claim for supply of goods

A

Gives the consumer a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described to get a full refund

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10
Q

What time limit does s20 state about bringing a claim for supply of goods

A

Has to be within 30 days of purchase

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11
Q

What does s23 state about bringing a claim for supply of goods

A

You have to give the retailer one opportunity to repair or replace any goods if you are outside the 30 days, if the attempt at repair is unsuccessful you can then claim a refund or price reduction

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12
Q

What happens if a fault is discovered within 6 months

A

It is presumed it has been there since purchase unless the retailer can prove otherwise

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13
Q

What happens if the fault is discovered outside of the initial 6 months

A

The burden is on the consumer to prove that the product was faulty at the time of delivery

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14
Q

How long do you have to take a claim to the small claims court for damage outside of 6 months to goods

A

6 years

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15
Q

What section is delivery of good

A

s28

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16
Q

What does s28 state about delivery of goods

A

The retailer is responsible for the goods until they are in the possession of the consumer – this means they are liable for the service provided by the couriers they employ

17
Q

Under s28 what occurs if a retailer fails to deliver within 30 days

A

You have the right to terminate the purchase and get a full refund, even if the timing of the delivery was not essential

18
Q

What are the 3 sections that cover breach of terms to supply goods

A

Sections 20, 23 and 24

19
Q

What does s20 state about the remedies for supply goods

A

There is a short term right to reject

20
Q

What does s23 state about remedies for supply of goods

A

The right to a fair replacement

21
Q

What does s24 state about remedies for supply of goods

A

Right to a price reduction or the final right to reject

22
Q

What sections do supply of services fall under

A

Sections 49, 50, 51 and 52

23
Q

What does s49 state about the supply of services

A

The trader must perform the service with reasonable care and kill

24
Q

What case would you use for s49 service of goods

A

Thake v Maurice

25
Q

What does s50 state about the supply of services

A

Information which is said or written is binding where the consumer relies on it

26
Q

What does s51 state about the supply of services

A

Where the price is not agreed beforehand, the service must be provided for a reasonable price

27
Q

What does s52 state about the supply of services

A

Unless a time scale has been agreed, the service must be carried out within a reasonable time

28
Q

Who must you bring the claim against in supply of services

A

The trade

29
Q

What does s55 state about the remedies for supply of services

A

The trader should either redo the element which is inadequate or perform the whole service again at no extra cost

30
Q

What does s56 state about the remedies for supply of services

A

Where repeat performance is not possible, the consumer can claim a price reduction. This could be up to 100% of the cost and the trader should refund the consumer within 14 days of agreeing that a refund is due

31
Q

What falls under s62

A

Unfair contract terms

32
Q

Is a consumer bund to an unfair term

A

No

33
Q

What should a customer do if they believe an act to be unfair

A

Complain to the trader

34
Q

What are some examples of unfair terms

A
  • fees and charges hidden in the small print.
  • something that tries to limit the consumer’s legal rights.
  • disproportionate default charges
  • excessive early termination charges.
35
Q

Key terms of a contract may be assessed for fairness, unless what?

A

They are prominent and transparent