The
Consumer Protection (Distance Selling) Regulations cover businesses that
sell to consumers by mail order, phone, fax,
over the internet or on digital TV.
In particular you
must ensure:
- goods are fit for their purpose and of satisfactory quality under the Sale of Goods Act
the Act states that what you sell must fit its description, be fit for its purpose and be of satisfactory quality. If not, you - as the supplier - are
obliged to sort out the problem.
When selling to consumers by mail order, phone, fax, internet or digital TV you must give them a
cooling-off period during which they have an unconditional right to cancel the contract.
In the case of
goods, the cooling-off period normally ends seven working days after the day the goods are received.
Consumers must inform you
in writing - by letter, fax or email - of their decision to cancel.
Consumers' money should be reimbursed as soon as possible - and in any case within a maximum period of 30 days.
Your contract with the consumer should also specify who pays any postage necessary to return unwanted goods.
The goods or services must also be of satisfactory quality - meaning they should be safe, work properly and have no defects. Although there is more responsibility attached to the manufacturers and producers of goods or services, you could also be held liable if the use of products or services you supply causes any damage, injury or death
You must also ensure the goods or services are 'fit for purpose'. This means they should be
capable of doing what they are meant for.
The rights of customers: goods
If you sell goods that don't conform to contract - that aren't as described, are unfit for their purpose or of unsatisfactory quality - you are
legally obliged to resolve the problem if your customers seek redress.
The Sale of Goods Act states that if customers want to reject faulty goods, they have to do so within a 'reasonable time'. A legal definition of 'reasonable' is not given though - it varies from case to case and could be just a few weeks from the date of purchase.
If a customer rejects faulty goods within this 'reasonable' period, they're entitled to ask for their money back.
All customers can claim compensation at any time if they choose. If you sell to consumers - not other traders - they can ask for a repair or a replacement immediately (instead of asking for a refund) at any time until six years after purchase.
If you're dealing with a consumer,
any repair or replacement you arrange must not cause them too much inconvenience. You may have to pay for other costs such as transportation. However, if a replacement is impossible and the goods cannot be repaired economically, or vice versa, then you can offer a full or partial refund.
In law you have a responsibility to your customer for up to
six years from the date of purchase (in Scotland, five years from discovery of the problem). During this period, you are legally obliged to deal with any claim of breach of contract.
Customers who are also consumers and not other traders have additional rights. These rights last for up to six years after sale.
Consumers are entitled to ask for either a
repair or a
replacement in addition to their right to a refund.
If they ask for a repair or replacement you should honour their request. But if it's impossible or disproportionately expensive to repair a product, you can offer a replacement instead.
If neither repair nor replacement are practical options, you can offer a partial or full refund if this would be cheaper for the business. When you're considering whether to give a full or partial refund, you can take account of the benefits the consumer has gained since they bought the goods.
If you want to dispute a claim by a consumer for a repair or replacement, remember that for the first six months it's up to you to prove that the fault was not present at the time of sale. However, after six months it's up to the consumer to prove that the goods were faulty when sold.
If a consumer complains about services you have provided then you should offer a repair or appropriate compensation.
