In a cost-of-living crisis, one of the most frustrating things that can happen to you is when you decide to treat yourself and purchase a new appliance or device and it becomes faulty at no fault from yourself! 

This article is to help you understand your options under the Consumer Rights Act 2015. The Consumer Rights Act establishes consumer quality rights in respect of goods and services. For this article we will focus on goods. If you can prove your consumer rights have been breached, you may be entitled to reject the goods and obtain a refund.  

As mentioned above the purpose of the Consumer Rights Act is to establish consumer quality rights, the key word being ‘quality’. The Consumer Rights Act is not concerned about the initial value of the goods, but rather whether your goods are of ‘satisfactory quality’. To determine if goods are of ‘satisfactory quality’ is an objective ‘reasonable person’ test. In laymen terms, would a reasonable person consider the goods to be of ‘satisfactory quality’?

The considerations are;

1. The fitness for all purposes for which goods of that kind are usually supplied,

2. appearance and finish,

3. freedom from minor defects,

4. safety, and 

5. durability

Goods purchased brand new from a retailer should satisfy this test.  There are some exceptions for second hand goods, however. 

The next question is would a ‘reasonable person’ consider the goods to be of satisfactory quality? Reasonableness considers;

1. any description of the goods, 

2. the price or other consideration for the goods (if relevant), and

3. any public statement about the specific characteristics of the goods made by the seller or a representative?

However, the seller is not in breach of the satisfactory quality requirement because of anything;

1. Which is specifically drawn to the consumer’s attention before the purchase,

2. Which ought to have been revealed when the consumer examined the goods.

3. Which would have been apparent on a reasonable inspection of a sample (where a sale by sample took place)

If your claim meets the above tests, you will also have the burden of proof in establishing the goods are faulty. This may require technical evidence (if possible) to support your claim to the seller that the goods are faulty. 

In conclusion there are several tests to satisfy should you wish for a refund of the price paid, but at Paul Robinson Solicitors we will help protect your consumer rights.

If you have a consumer rights issue, and if you think we may be able to assist you, please do not hesitate to contact us the Dispute Resolution team who would be best placed to assist you throughout the process. Please call our offices today (01702) 338338 to speak with a member of our specialist Dispute Resolution team. We can accommodate appointments in our Westcliff, Billericay, Benfleet, Liverpool Street and Stratford offices.