As a business you have
until 1 October this year to make sure your staff are aware of the rest of the
changes being brought in by the Consumer Rights Act 2015.
The Act replaces various
laws surrounding business-to-consumer transactions, including the Sale of Goods
Act 1979 and the Supply of Goods and Services Act 1982. It serves to outline a
clearer path for consumers to understand their rights and the solutions
available to them should services or goods fail to be fit for purpose.
There will also be
clarification on the periods for repair, replacement and refunds on goods and
services and the process by which small businesses can take legal action
against larger companies that are breaking competition laws.
Statutory Remedies
If a service fails to meet
the provisions of a contract, then consumers will have statutory remedies of
‘repeat performance’ and will also be entitled to a price reduction. If as a
business you breach your duty to provide services with ‘reasonable skill and
care’, or fail to comply with information you have provided to the consumer
about the service, then the consumer will be entitled to repeat performance or
a price reduction.
If the service is not
delivered within a reasonable time, then the consumer will be entitled to a
price reduction.
Whilst the consumer now
has a statutory right to these remedies in these circumstances, it does not
mean they are excluded from seeking alternative remedies, for example damages,
provided they do not attempt to double recover for the same loss.
The consumer is now, in
effect, in a better position and will benefit from greater clarity on their
rights.
Help Available from the Chartered Trading Standards Institute
Chartered Trading
Standards Institute chief executive officer Leon Livermore said, “The Chartered Trading Standards Institute and trading
standards officers are committed to working with businesses - small, medium, or
large - to help them understand complicated legislation that impacts day-to-day
operations. In preparation for the implementation of the Consumer Rights Act,
CTSI has developed reference tools through its Business Companion website. The
site helps business owners understand the Act and new or changing
responsibilities specifically related to their business.'
You can access the tools
mentioned here: http://www.businesscompanion.info/
In the meantime, if you are
unsure of what you need to do to implement the new laws, you could speak to your
bookkeepers who will be able to guide you on how the changes will start to take
shape for your business.
