Consumer rights act 2015 Flashcards
What section does supply of goods cove
Section 9-11
What does S9 state about goods
Should be of satisfactory quality, not faulty or damaged
How are the satisfactory goods of goods judged
To what a reasonable person would consider satisfactory
What does S10 state about goods
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
What does s11 state about goods
They should be as described, must match any description, models or samples shown at the time of purchase
Can goods also include digital content such as downloads, software and pre-installed content
Yes
What sections cover bringing a claim against the supply of good
Sections 20 and 23
Who must you bring a claim against for the goods
Retailer not manufacturer
What does s20 state about bringing a claim for supply of goods
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
What time limit does s20 state about bringing a claim for supply of goods
Has to be within 30 days of purchase
What does s23 state about bringing a claim for supply of goods
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
What happens if a fault is discovered within 6 months
It is presumed it has been there since purchase unless the retailer can prove otherwise
What happens if the fault is discovered outside of the initial 6 months
The burden is on the consumer to prove that the product was faulty at the time of delivery
How long do you have to take a claim to the small claims court for damage outside of 6 months to goods
6 years
What section is delivery of good
s28
What does s28 state about delivery of goods
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
Under s28 what occurs if a retailer fails to deliver within 30 days
You have the right to terminate the purchase and get a full refund, even if the timing of the delivery was not essential
What are the 3 sections that cover breach of terms to supply goods
Sections 20, 23 and 24
What does s20 state about the remedies for supply goods
There is a short term right to reject
What does s23 state about remedies for supply of goods
The right to a fair replacement
What does s24 state about remedies for supply of goods
Right to a price reduction or the final right to reject
What sections do supply of services fall under
Sections 49, 50, 51 and 52
What does s49 state about the supply of services
The trader must perform the service with reasonable care and kill
What case would you use for s49 service of goods
Thake v Maurice
What does s50 state about the supply of services
Information which is said or written is binding where the consumer relies on it
What does s51 state about the supply of services
Where the price is not agreed beforehand, the service must be provided for a reasonable price
What does s52 state about the supply of services
Unless a time scale has been agreed, the service must be carried out within a reasonable time
Who must you bring the claim against in supply of services
The trade
What does s55 state about the remedies for supply of services
The trader should either redo the element which is inadequate or perform the whole service again at no extra cost
What does s56 state about the remedies for supply of services
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
What falls under s62
Unfair contract terms
Is a consumer bund to an unfair term
No
What should a customer do if they believe an act to be unfair
Complain to the trader
What are some examples of unfair terms
- 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.
Key terms of a contract may be assessed for fairness, unless what?
They are prominent and transparent
