What are your Consumer Rights when returning purchased goods?

The cost-of-living crisis has impacted everyone in one way or another. Everyone is doing their best to ensure they receive the best value for their money. So, what happens if the goods you purchase aren't fit for purpose? 

In this article, we'll delve into the Consumer Rights Act 2015, shedding light on your entitlements and ensuring you are well informed about your rights in the face of subpar or faulty purchases.

Does the Consumer Rights Act apply to everything I buy?

The Act only applies when a consumer has bought goods for personal use. The goods are not protected under the Consumer Rights Act if purchased for a business, trade or charity. 

The Act will also only apply when the consumer has bought something from a business or trade. Therefore, purchasing goods from an individual means you cannot rely on the Consumer Rights Act.

When can goods be rejected?

To claim under the Consumer Rights Act, you must show that the goods purchased are not of satisfactory quality.

To determine if something is satisfactory, you must consider the question: "Would a reasonable person consider this product acceptable?" To help answer this, you will need to consider the product description, price and any other relevant factors.

The quality of goods includes:

• Fit for all the purposes for which goods are usually supplied
• Appearance and finish
• Freedom from minor defects
• Safety; and
• Durability

However, if the fault or defect making the item unsatisfactory is brought to the consumer's attention before the purchase was made, the purchase would fall out of the scope of the Act. The same would apply if the unsatisfactory aspect could have been reasonably spotted when inspecting the goods before purchasing. 

How long have I got to reject the goods?

If the goods are not of satisfactory quality, a consumer is entitled to:

• A short-term right to reject;
• The right to repair or replacement, or
• The right to a price reduction or the final right to reject the goods

A consumer has 30 days for the short-term right to reject. If the goods are likely to perish before the end of the 30 days, this right would be for a shorter period. The standard 30-day period will commence once you are the owner of or in possession of the goods.

A consumer can agree to a replacement or repair during the initial 30-day period. By doing this, the short-term right to reject is frozen. Once the repaired/replaced goods have been dispatched to the consumer, they either have seven days from that date to reject the goods or the remaining time from the initial 30 days. For example, if you were to accept a replacement of the goods on day 20, you would have ten days to reject them once the new goods were sent to you.

Once the 30 days have passed, a consumer loses its short-term right to reject the goods unless the trader and consumer agree to extend this deadline.

After the short-term right to reject has ended, a consumer must allow the trader to repair or replace the goods. The trader must do so within a reasonable time, without significant inconvenience to the consumer, and bear any necessary costs incurred. However, a consumer cannot force the trader to repair or replace the goods if the product is out of stock or the repair cost would be disproportionate to other remedies available to the consumer (for example, a final right to reject).

A consumer has the right to a price reduction or the final right to reject once the trader has repaired or replaced the goods and the goods still aren't of satisfactory quality. Likewise, the consumer can reject goods or have a price reduction if the repair or replacement is not possible or not carried out in a reasonable time.  

If the consumer exercises the final right to reject, any refund to the consumer may be reduced by a deduction of use. There are no deductions if the final right to reject is exercised in the first six months (unless the goods are a motor vehicle). There are also no deductions for the periods where the consumer had possession of the goods due to the trader failing to collect them.

How do I Reject the goods?

Consumers can exercise their right to reject goods by explicitly stating their wishes to the trader. This can be done verbally or in writing, but it must clearly indicate to the trader that the goods are being rejected.

When consumers reject goods, they have a duty to make the returned items available for collection or to ensure they are returned to the trader. The trader must bear the costs of the goods being returned to them.  

What happens when a consumer has bought in bulk? 

The consumer can still reject the goods of unsatisfactory quality and keep the suitable goods. However, this does not apply when the goods purchased are treated as a single unit.

How long before I get a refund?

A refund must be given within 14 days, starting from the day the trader agreed to issue the refund. The trader must provide the refund using the same payment method the consumer paid with unless the consumer expressly agrees otherwise.

To discuss any problems arising from consumers' rights to reject goods or to advise you on the best way to deal with these matters, you can contact Mollie Leak in the Commercial Litigation and Dispute Resolution team on 02380 717487 or email mollieleak@warnergoodman.co.uk.