A Bath commercial lawyer is urging the city’s retailers to review their trading terms and conditions following the introduction of new consumer laws.
The Consumer Rights Act – which came into force on October 1 – aims to rectify the traditional complexities of UK law in this area and give consumers greater protection when buying goods and services.
This includes dealing with unfair contract terms, anti-competitive behaviour and settling disputes over faulty goods. The new rules affect all retailers of goods, services and digital content.
But while the Act, for the most part, simply requires retailers to fine-tune their terms and conditions, Andy Braithwaite, a partner in commercial law firm Thrings’ Bath office, believes it offers organisations in the city an opportunity to take stock of their terms of business.
Andy, pictured, said: “The new Act makes consumer law clearer and easier to understand, and ensures consumers and businesses are able to buy and sell with greater confidence. 
“Retailers need to understand consumers’ rights, review their terms and conditions and, where appropriate, refund policies. They also need to assess their marketing materials and communications to ensure they comply with the new rules, and implement staff training to raise awareness.
“While many retailers already offer no–quibble guarantees and refunds and generous returns periods which go beyond consumers’ statutory rights, all retailers will also now need to embrace the 30-day right to refund for faulty goods. As an example, only consumers who buy online can cancel within 14 days and get a refund, but for simplicity some retailers will now allow a refund within 30 days, whether the goods are faulty or not.
“And for the first time, there will be clear rules for what should happen if a service is not provided with reasonable care and skill, or as agreed. The service business must bring it into line with what was agreed with the customer or, if this is not practical, give them some money back.
“So, for instance, if a consumer asks a plumber to fit a new bath, the plumber fails to provide a plan showing where the fittings are to be installed and the customer says they are put in the wrong place, the customer can require the fittings to be relocated to the right place at no cost. The customer could also be entitled to require any damage caused by the relocation to be made good.”
Meanwhile the new legislation will also impact on those businesses which sell their products to domestic and international customers over the internet. With the internet opening up a significant number of new routes to market for retailers, the Act places an onus on e-commerce retailers to ensure their customers’ interests are fully protected.
Andy added: “Under the new law, digital content is handled separately from goods and services. The new legislation gives consumers a clear right to the repair or replacement of faulty digital content such as online film and games, music downloads, e-books, apps and in-app purchases.
“Online trade offers huge opportunities for retailers, but they need to be aware of consumers’ rights both online and in-store, and review their processes to be fully compliant.”
