Selling things and the consumer rights act

[3 MORE YEARS]

I have a service business. However, I sell a few items for the convenience. I only give 7 days exchange policy and no refunds. Am I breaking the law. Someone just told me that under the Consumer Rights Act 2015 that any item I sell that becomes faulty is entitled to a repair, given this product has become faulty within six months of the date of purchase. Is this correct?

If anyone knows can you please advise. Thanks.

 

[kulture]

Yes you are probably breaking the law. Exactly how much you are breaking the law depends on what you are selling, how you are selling it and what the expected life of the product is.

 

[3 MORE YEARS]

Hi Thanks. When you say probably, are you 100% sure. If someone can tell me with 100% certainty that this is the law then I'll stop selling everything, and go back to service only. I know several big or much bigger businesses that have no returns or refunds policy. So how the hell do they get away with it.

 

[Toby Willows]

No returns, no refunds is perfectly lawful if the customers are buying in your premises, unless the product is faulty or not as described.

Door to door sales have a cooling off period, usually seven days. Internet and other remote sales are covered by DSR.

In each and every circumstance the seller is responsible for dealing with repairs/refunds/exchanges for faulty goods during the guarantee/reasonable life expectancy period of the goods.

 

[3 MORE YEARS]

No returns, no refunds is perfectly lawful if the customers are buying in your premises, unless the product is faulty.

Door to door sales have a cooling off period, usually seven dsys . internet and other remote sales are coveted by DSR.

Thank you so much. I do state it on my terms. And there is a notice at the point of purchase that states that there is no returns or refunds. But if anything goes wrong in the first 7 days I am happy to repair or swap it for a working one, after that its no returns or refunds. I am getting confusing messages. I am small business so I can't afford legal advise. So where can I go to check if I am within the law or breaking the law. You are saying that its okay, and the other person is saying its not. I don't know who to believe?

 

[Toby Willows]

Sorry, I accidentally posted before I had finished. You need to read the last paragraph.

 

[billmccallum1957]

http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

 

[paulears]

It's quite clear - if you sell something then the usual requirements in the acts apply. If it goes wrong you are expected to provide a solution - which is usually a refund, a repair or replacement. The new act is somewhat vague, but I think better for the seller - as the old one was peppered with the word "reasonable" which nobody really agreed on.

It now talks about the contract - so if you sell an item and you describe it in the ad, or blurb on the product in the shop, you have made a contract, and they have an expectation.

Mail order now seems to have become settled on the 14 day refund for no reason at all, but you still do not need to refund in a shop just because they change their mind. If the product dies, or fails - then it no longer does what the contract said it would - so if it fails before 6 months from date of sale, you have to do something - to meet the contract terms. A replacement is fine, a refund if they really stand their ground, but the refund can be for a lower amount to balance the use they've had.

In short - up until six months has passed, you have to do something - but have wiggle room. After six months you can breath. The expectation is that many firms will continue to use the words 12 months guarantee, and this is covered by the new act as a separate thing - if you give the guarantee, you must honour it.

 

[kulture]

However it all depends on what you are selling. If it is for example an ice cream, then your liability is very time limited. I am 100% sure that you cannot get out of the law by using terms and conditions.

 

[3 MORE YEARS]

I found this link very confusing: http://www.legislation.gov.uk/ukpga/2015/15/section/23/enacted

Anyway, so its clear, based on the opinion of most of the people who replied, if you sell in a shop, you have to repair, replace, or refund if its within the first 6 months. Okay I'll have to live with that. I will just stop selling things after I finish selling the last few items we had. I never did it to make money, more as a convenience for my customers. It was more of a hassle than anything else. Thanks guys.

 

[kulture]

You have to repair/replace/refund only if it is faulty. In the first six months it is assumed that any fault is a manufacturing default and the burden of proof is on the retailer to say otherswise. After six months the burdern of proof reverses. For more expensive items a retailer would be expected to repair etc. for much longer than six months.