Business Law

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nIntroduction

nConsumer Rights Act 2015 is intended to strengthen the buying rights of the consumers. Therefore, a trader should take responsibility in case they sell goods or products that are defective. In addition, consumers are protected in case of biased contract terms. The law discourages running a business that does not promote competitiveness. Similarly, customers who have been harmed by certain products should be compensated. Most importantly, the legislation is divided into three sections. The first section focuses on customer agreements for services, digital items and goods. Secondly, it deals with unfair terms and conditions of a contract. Thirdly, it provides for general requirements and miscellaneous. Based on the provisions of Consumer Rights Act 2015, businesses are provided with a chance to review and reconsider the terms and conditions of their goods or products. The legislation also empowers the oversight authority in order to monitor the activities of businesses. The Act play a critical role in strengthening the rights of consumers against the unscrupulous retailers because they must be accountable to the quality of goods sold. This paper will discuss how the Consumer Right Act 2012 has promoted and strengthened the rights of consumers against poor quality goods, and unfair contracts.

nThe act stipulates that a consumer is any person who engages in business, or trade outside his/her own profession. On the other hand, a trader refers to any individual who sells good or services directly or indirectly. Therefore, traders included both public departments and government sectors. The Consumer Right Act helps the customers to know how to relate with business. In this respect, they have a better chance to choose the best business. Moreover, customers are empowered to ensure that traders are accountable for the poor quality of goods or services. Consequently, customers have a chance to choose deals that offer best terms and condition as compared to cheapest deals. On the contrary, the legislation is also important to traders because they be able to introduce best practices aiming to offer best business practices. Therefore, they are able to deal with the customer in case of a faulty product, which needs a refund.

nQuality of the product

nThe rights of the consumers are strengthened through this Act because it compels the traders to provide items that are of good quality. In addition, all the products should fit for illustrated purpose. The law also ensures that digital products are part of this definition. Therefore, this legislation empowers the customer because when goods are delivered they must not be damaged or faulty. On the other, the customer has a right to reject goods if they fail to meet the purpose in which they were intended for prior to their agreement to buy goods. Similarly, products delivered should fit all details provide prior to purchase.

nThe Consumer Right Act is beneficial to the customer because it allows him/her to claim their rights if the product or good does not meet the three standards set up under the law. In this case, when the product is defective, the customer is required to use the provided guide explaining actions to be taken and ways to initiate a claim. The legislation also provide various ways of undertaking the issue based on the situation and what the customer intended to do to rectify the issue. The rights of the customer are against the organization that sold the goods or services; however, the manufacturer does not take responsibility for the defect of the product. Therefore, the legislation permits the customer to initiate a refund to the seller or retailer. In addition, the claim can only be initiated within 30 days after the customer purchase the goods.

nThe ability to ask for complete refund can only take place if the customer initiates the claim in a timely manner. The Consumer Right Act only gives then a specified period of 30 days to reject these types of goods if they are of poor quality. However, in case a consumer makes a claim after 30 days since the time of purchase, the law does not protect him/her. In this regard, when the good have a fault after this timeframe, the customer cannot get a complete refund. Furthermore, the ability to ask for refund does not cover digital goods, which the customer purchases via, downloads. They include items such as apps, games and music. Fortunately, the law allows a customer to seek replacement or repair in case a digital item becomes faulty within this period.

nReplacement or repair

nWhen the 30-day timeframe elapses without initiating the complete refund provision, the customer can only ask for replace or repair. Therefore, the right to reject the product is not guaranteed. Consequently, a customer should offer the trader a chance to replace or repair digital items or goods. Again, the three criteria apply in these provisions. The Consumer Right Act allows the retailer to select which option is cheapest for the business. Therefore, they can either replace or repair the item depending on the relative cost they are likely to incur. Furthermore, in case the customer does not succeed in obtaining a replacement or repair, they are entitled to a refund. Moreover, the retailer can decide to reduce the price of the product when the customer chooses to stay with the product.

nA customer has a right to get partial or complete refund rather than replacement or repair when certain conditions are met. First, partial or complete refund can be given when the replacement or repair cost is unequal to digital item or goods value. Similar, it can occur if it is difficult to replace or repair. Moreover, when it is inconvenient to replace or repair, or when it takes a long period to repair, a customer can ask for partial or completes reimbursement. Furthermore, similar compensation occurs in case it is unproductive to repair a certain product. Most notably, the legislation empowers the client who does not want a refund but chooses to get replacement or repair to compel the seller to provide his/her demands.

nWithin six months

nIn case the customer learns of the defect within six months after the date of purchase, the law assume that it existed since the date of purchase. Nonetheless, the seller can prove that the defect did not exist on the time of buying. More significantly, customers are not forced to demonstrate that the defect existed at this point. The legislation has also given the customer a right to request for complete refund after rejecting goods that does not meet the requirement after replacement or repair. On the other hand, in case the clients decide to keep the product, the legislation empowers them to demand for reduction in price of the commodity. The retailers are restricted from deducting any amount of money from the refund if the replacement or repair is unmanageable within the first six months. Nonetheless, motor vehicles are excluded from this law hence a realistic amount of money can be deducted to cover the use of the vehicles after one month. The law also suggest that if the customer wishes to stay with the faulty product, the retailer must reduce the price significantly.

nAfter six months

nAfter the customer stays with a product for more than six months, the law requires him/her to show that it was defective at the point of delivery. However, proving this is very difficult for the client but the client can use reports of other cases of defects in a wide range of customers and reports from experts. Moreover, they are provided with a chance to initiate compensation through a court within six years in Northern Ireland, Wales and England. However, as the length of time increases, it becomes difficult for the customer to prove to the seller that the product was defective.

nDigital items

nAccording to the provisions of this act, digital items refers to contents which are supplied or generated in a digitally. These kinds of items must also be of a good quality. In addition, they should match for a certain work as explained by the seller. Just like other goods, when these items violet one or all the criteria, the client have a right to seek for replacement or repair. However, when the retailer is not able to repair the digital item, the customer is entitled to reduction in price, which may be 100 per cent of the item. The seller will also reimburse the customer if any content is destroyed because of another item that he/she has downloaded. Nevertheless, the law only entitles the customer for this right if the retailers had not put in place appropriate skill and care to protect the digital content. The legislation covers various digital contents including those obtained through credits, or gift. It also involves services and goods that the customer must download.

nRights of delivery

nThe Consumer Right Act 2015 ensures that consumers enjoy the right of delivery for goods. Therefore, the seller or retailer has a role to protect goods in the process of delivery. However, the responsibility shifts to the client after they acquire the goods physically or their representative obtains them on their behalf. In this respect, the law suggest that the seller is accountable for the courier services that deliver certain products to their customers. On the other hand, the customer is not accountable for the courier services until goods are in their control.

nThe period of deliver of goods is also limited in the legislation. It has set up 30 days for goods to be delivered to the customer although parties can agree on more time. However, when the retailer violates the deadline for this agreement, the law gives right to customer to seek complete refund or cancel the transaction. They also have a right to cancel the transaction as request for full refund in case the deadline has been violated and parties cannot agree on a new deadline.

nProvision of necessary and quality services is very important in Consumer Right Act. In most cases, the provision of supply requires both parties to formulate a contract. For instance, services include activities such as home enhancements, entertainments and dry cleaning. Others include car repair, decorating and fitting taps in the kitchen. The legislation is used to protect customers in case of a problem in these types of services. The law protect the consumers against the retailers who fail to honour the terms and conditions of the agreements. Therefore, in order avoid violating the contract; the retailer should conduct their services in a realistic skill and care. A contract can be either written or unwritten but the terms are binding to both the consumer and seller. In case, the parties have not agreed on the price of the services, sensible prices and should be agreed.

nTerms of contract

nCustomers have a right under the provisions of Consumer Right Act 2015 to refuse hidden charges or fees. There should also be transparency and prominence in the terms of the contract between the service provider and the client aiming to enhance fairness in pricing. Furthermore, according to this Act, a contract terms should be negotiated and designed in an open and far way to meet the needs of the consumers. They should also balance both the rights of service provider and the consumer for mutual benefits. The law also allow the customers to challenge the terms and conditions of a certain contract if they believe that they are unfair. However, in case the service provider disagrees, they customer is encouraged to consult a legal adviser prior to violation of these terms. Ultimately, the consumer has a right to go to court against the retailer. When a court agrees that the terms of the contract are biased, the consumers have the power to terminate it without paying cancellation charges. The legislation encourages businessperson to formulate best behaviours in their work in order to reduce the number of disputes from their customers. It is advisable to formulate fair terms and condition in a contract.

nConclusion

nThe protection of the consumers is one of the most important issues in the 21st century. The Consumer Right Act 2015 was intended to strengthen the rights of consumers to ensure that they are refunded within 30 days when the buy defective products. Furthermore, in case they receive faulty items they have a right to ask for replacement or repair but they are guaranteed of price reduction when they choose to keep the product. More significantly, they are empowered to contest for terms and conditions of business agreement that is unfair to them. On the other hand, the Consumer Right Act acknowledges the rights and roles of retailers. If a product develops a defect within 6 months, the law assume that the product has a defect. Therefore, a businessperson should prove that this did not exist. The consumers cannot be compensated if the defect was caused by their misuse. The legislation encourages contractors, builders, installers and retailers to supply goods of reputable quality. The Act aims to punish businesspersons who may deliver or sell goods of poor quality. It also stipulates how a retailer should provide various services to a customer. Therefore, the Consumer Right Act makes the right of customer stronger in protection against unscrupulous businessperson.

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