Enjoy SmartLeges Premium!

Subscribe to SmartLeges Premium and enjoy the following advantages:

  • Consult as many laws as you need with no additional charge
  • Consult almost any law in several countries with the new advanced search engine. All legislation within reach!
  • Enjoy all SmartLeges functions without restrictions
See the plans

An essential and free application for professionals and students in the legal sector

Read more
 

Sign up for free!

Would you like to consult this and other laws complete?

Sign up for free to consult all the laws of SmartLeges in your mobile phone or tablet, as well as underline text, add notes...

Sign up for free!

Email Facebook Twitter Google Linkedin Tumblr

CONSUMER RIGHTS ACT 2015

UK Public General Acts

Version 23/11/2015

2015 CHAPTER 15

Default Geographical Extent: E+W+S+N.I.


  • PART 1. Consumer contracts for goods, digital content and services
    • CHAPTER 1. Introduction
    • CHAPTER 2. Goods
      • What goods contracts are covered?
      • What statutory rights are there under a goods contract?
      • What remedies are there if statutory rights under a goods contract are not met?
      • Other rules about remedies under goods contracts
      • Other rules about goods contracts
      • Can a trader contract out of statutory rights and remedies under a goods contract?
    • CHAPTER 3. Digital content
      • What digital content contracts are covered?
      • What statutory rights are there under a digital content contract?
      • What remedies are there if statutory rights under a digital content contract are not met?
      • Compensation for damage to device or to other digital content
      • Can a trader contract out of statutory rights and remedies under a digital content contract?
    • CHAPTER 4. Services
      • What services contracts are covered?
      • What statutory rights are there under a services contract?
      • What remedies are there if statutory rights under a services contract are not met?
      • Can a trader contract out of statutory rights and remedies under a services contract?
    • CHAPTER 5. General and supplementary provisions
  • PART 2. Unfair terms
    • What contracts and notices are covered by this Part?
    • What are the general rules about fairness of contract terms and notices?
    • How are the general rules enforced?
    • Supplementary provisions
  • PART 3. Miscellaneous and General
    • CHAPTER 1. Enforcement etc.
    • CHAPTER 2. Competition
    • CHAPTER 3 (E+W). Duty of letting agents to publicise fees etc
    • CHAPTER 4. Student complaints scheme
    • CHAPTER 5. Secondary ticketing
    • CHAPTER 6. General
  • Version 23/11/2015
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 01/10/2015
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 01/09/2015
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 03/08/2015
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 27/05/2015
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 26/05/2015
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 26/03/2015

Introductory Text

Consumer Rights Act 2015

2015 CHAPTER 15

An Act to amend the law relating to the rights of consumers and protection of their interests; to make provision about investigatory powers for enforcing the regulation of traders; to make provision about private actions in competition law and the Competition Appeal Tribunal; and for connected purposes.

[26th March 2015]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

PART 1
Consumer contracts for goods, digital content and services



CHAPTER 1
Introduction



1 Where Part 1 applies

(1) This Part applies where there is an agreement between a trader and a consumer for the trader to supply goods, digital content or services, if the agreement is a contract.

(2) It applies whether the contract is written or oral or implied from the parties' conduct, or more than one of these combined.

(3) Any of Chapters 2, 3 and 4 may apply to a contract—

(a) if it is a contract for the trader to supply goods, see Chapter 2;
(b) if it is a contract for the trader to supply digital content, see Chapter 3 (also, subsection (6) ) ;
(c) if it is a contract for the trader to supply a service, see Chapter 4 (also, subsection (6) ).
(4) In each case the Chapter applies even if the contract also covers something covered by another Chapter (a mixed contract).

(5) Two or all three of those Chapters may apply to a mixed contract.

(6) For provisions about particular mixed contracts, see—

(a) section 15 (goods and installation) ;
(b) section 16 (goods and digital content).
(7) For other provision applying to contracts to which this Part applies, see Part 2 (unfair terms).

Annotations:

Commencement Information

I1 S. 1 in force at 1.10.2015 by S.I. 2015/1630, art. 3(a) (with art. 6(1))


2 Key definitions

(1) These definitions apply in this Part (as well as the definitions in section 59).

(2) “Trader” means a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf.

(3) “Consumer” means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession.

(4) A trader claiming that an individual was not acting for purposes wholly or mainly outside the individual's trade, business, craft or profession must prove it.

(5) For the purposes of Chapter 2, except to the extent mentioned in subsection (6) , a person is not a consumer in relation to a sales contract if—

(a) the goods are second hand goods sold at public auction, and
(b) individuals have the opportunity of attending the sale in person.
(6) A person is a consumer in relation to such a contract for the purposes of—

(a) sections 11(4) and (5) , 12, 28 and 29, and
(b) the other provisions of Chapter 2 as they apply in relation to those sections.
(7) “Business” includes the activities of any government department or local or public authority.

(8) “Goods” means any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for supply in a limited volume or set quantity.

(9) “Digital content” means data which are produced and supplied in digital form.

Annotations:

Commencement Information

I2 S. 2 in force at 1.10.2015 by S.I. 2015/1630, art. 3(a) (with art. 6(1))


CHAPTER 2
Goods



What goods contracts are covered?


3 Contracts covered by this Chapter

(1) This Chapter applies to a contract for a trader to supply goods to a consumer.

(2) It applies only if the contract is one of these (defined for the purposes of this Part in sections 5 to 8) —

(a) a sales contract;
(b) a contract for the hire of goods;
(c) a hire-purchase agreement;
(d) a contract for transfer of goods.
(3) It does not apply—

(a) to a contract for a trader to supply coins or notes to a consumer for use as currency;
(b) to a contract for goods to be sold by way of execution or otherwise by authority of law;
(c) to a contract intended to operate as a mortgage, pledge, charge or other security;
(d) in relation to England and Wales or Northern Ireland, to a contract made by deed and for which the only consideration is the presumed consideration imported by the deed;
(e) in relation to Scotland, to a gratuitous contract.
(4) A contract to which this Chapter applies is referred to in this Part as a “contract to supply goods”.

(5) Contracts to supply goods include—

(a) contracts entered into between one part owner and another;
(b) contracts for the transfer of an undivided share in goods;
(c) contracts that are absolute and contracts that are conditional.
(6) Subsection (1) is subject to any provision of this Chapter that applies a section or part of a section to only some of the kinds of contracts listed in subsection (2).

(7) A mixed contract (see section 1(4) ) may be a contract of any of those kinds.

Annotations:

Commencement Information

I3 S. 3 in force at 1.10.2015 by S.I. 2015/1630, art. 3(a) (with art. 6(1))


4 Ownership of goods

(1) In this Chapter ownership of goods means the general property in goods, not merely a special property.

(2) For the time when ownership of goods is transferred, see in particular the following provisions of the Sale of Goods Act 1979 (which relate to contracts of sale) —

section 16:goods must be ascertained
section 17:property passes when intended to pass
section 18:rules for ascertaining intention
section 19:reservation of right of disposal
section 20A:undivided shares in goods forming part of a bulk
section 20B:deemed consent by co-owner to dealings in bulk goods


Annotations:

Commencement Information

I4 S. 4 in force at 1.10.2015 by S.I. 2015/1630, art. 3(a) (with art. 6(1))


5 Sales contracts

(1) A contract is a sales contract if under it—

(a) the trader transfers or agrees to transfer ownership of goods to the consumer, and
(b) the consumer pays or agrees to pay the price.
(2) A contract is a sales contract (whether or not it would be one under subsection (1) ) if under the contract—

(a) goods are to be manufactured or produced and the trader agrees to supply them to the consumer,
(b) on being supplied, the goods will be owned by the consumer, and
(c) the consumer pays or agrees to pay the price.
(3) A sales contract may be conditional (see section 3(5) ) , but in this Part “conditional sales contract” means a sales contract under which—

(a) the price for the goods or part of it is payable by instalments, and
(b) the trader retains ownership of the goods until the conditions specified in the contract (for the payment of instalments or otherwise) are met;
and it makes no difference whether or not the consumer possesses the goods.
Annotations:

Commencement Information

I5 S. 5 in force at 1.10.2015 by S.I. 2015/1630, art. 3(a) (with art. 6(1))


6 Contracts for the hire of goods

(1) A contract is for the hire of goods if under it the trader gives or agrees to give the consumer possession of the goods with the right to use them, subject to the terms of the contract, for a period determined in accordance with the contract.

(2) But a contract is not for the hire of goods if it is a hire-purchase agreement.

Annotations:

Commencement Information

I6 S. 6 in force at 1.10.2015 by S.I. 2015/1630, art. 3(a) (with art. 6(1))


7 Hire-purchase agreements

(1) A contract is a hire-purchase agreement if it meets the two conditions set out below.

(2) The first condition is that under the contract goods are hired by the trader in return for periodical payments by the consumer (and “hired” is to be read in accordance with section 6(1) ).

(3) The second condition is that under the contract ownership of the goods will transfer to the consumer if the terms of the contract are complied with and—

(a) the consumer exercises an option to buy the goods,
(b) any party to the contract does an act specified in it, or
(c) an event specified in the contract occurs.
(4) But a contract is not a hire-purchase agreement if it is a conditional sales contract.

Annotations:

Commencement Information

I7 S. 7 in force at 1.10.2015 by S.I. 2015/1630, art. 3(a) (with art. 6(1))


8 Contracts for transfer of goods

A contract to supply goods is a contract for transfer of goods if under it the trader transfers or agrees to transfer ownership of the goods to the consumer and—

(a) the consumer provides or agrees to provide consideration otherwise than by paying a price, or
(b) the contract is, for any other reason, not a sales contract or a hire-purchase agreement.
Annotations:

Commencement Information

I8 S. 8 in force at 1.10.2015 by S.I. 2015/1630, art. 3(a) (with art. 6(1))


What statutory rights are there under a goods contract?


9 Goods to be of satisfactory quality

(1) Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

(2) The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—

(a) any description of the goods,
(b) the price or other consideration for the goods (if relevant) , and
(c) all the other relevant circumstances (see subsection (5) ).
(3) The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(a) fitness for all the purposes for which goods of that kind are usually supplied;
(b) appearance and finish;
(c) freedom from minor defects;
(d) safety;
(e) durability.
(4) The term mentioned in subsection (1) does not cover anything which makes the quality of the goods unsatisfactory—

(a) which is specifically drawn to the consumer's attention before the contract is made,
(b) where the consumer examines the goods before the contract is made, which that examination ought to reveal, or
(c) in the case of a contract to supply goods by sample, which would have been apparent on a reasonable examination of the sample.
(5) The relevant circumstances mentioned in subsection (2) (c) include any public statement about the specific characteristics of the goods made by the trader, the producer or any representative of the trader or the producer.

(6) That includes, in particular, any public statement made in advertising or labelling.

(7) But a public statement is not a relevant circumstance for the purposes of subsection (2) (c) if the trader shows that—

(a) when the contract was made, the trader was not, and could not reasonably have been, aware of the statement,
(b) before the contract was made, the statement had been publicly withdrawn or, to the extent that it contained anything which was incorrect or misleading, it had been publicly corrected, or
(c) the consumer's decision to contract for the goods could not have been influenced by the statement.
(8) In a contract to supply goods a term about the quality of the goods may be treated as included as a matter of custom.

(9) See section 19 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

Annotations:

Commencement Information

I9 S. 9 in force at 1.10.2015 by S.I. 2015/1630, art. 3(a) (with art. 6(1))