The Consumer Rights Act

If you supply goods that fail to meet contract terms, e.g. because goods are of unsatisfactory quality, you are legally required to resolve the issue. Consumers have specific remedies available under the Consumer Rights Act.

Consumer remedies

The remedies you offer will depend on the specific situation and how long it has been since the customer received the goods.

Consumers may access the following remedies:

Short term right to reject

If you have supplied goods that do not meet the required standards, and the customer received them within the past 30 days, the customer usually has a right to reject the goods and request a refund. This is known as the short term right to reject.

Repair or replacement

If the consumer requests a repair or replacement within the initial 30–day period, this timeframe is paused while the requested action is carried out.

Once the customer receives their goods back, they will then have the remaining duration of the original 30–day period, or at least seven days (whichever is longer) to check whether the repair or replacement has been successful and to decide whether to reject the goods.

If the short term right to reject period has ended or is not used, the customer may still ask for a repair or replacement. You must provide a repair or replacement at no extra cost, within a reasonable time and without causing any significant inconvenience.

A customer cannot choose between these two remedies if providing one is impossible or disproportionate to the other. For example, if repair is the most cost–effective option and can be done within a reasonable time, without causing significant inconvenience, then the customer cannot insist on a replacement.

The customer only has to give you one opportunity to repair or replace. If this fails or the goods become faulty again, then they can either keep the goods and ask for a price reduction or reject the goods and obtain a refund. This is referred to as the final right to reject.

The customer may also seek a price reduction or reject goods if you fail to repair or replace them within a reasonable time or if it causes them significant inconvenience.

Burden of proof

When a consumer chooses repair, replacement or exercises their final right to reject and the problem is found within six months of delivery, the law generally presumes that the fault was there at the time of delivery. However, the trader can challenge this assumption by providing evidence to the contrary e.g. by showing that a fault was caused by normal wear and tear or by obvious signs of misuse. This is known as the reversed burden of proof.

 If you can’t prove that faults were not present at the time of delivery, you are liable for repair, replacement or a price reduction or refund.

After the first six months, the burden of proof will lie with the customer. This may apply if there was a hidden or underlying fault when the customer took delivery of the goods.

The consumer also carries the burden of proof when using their short term right to reject.

Problems encountered during delivery

If you do not deliver by an agreed time or within 30 days and it was essential to the customer to receive on time – either they told you before agreeing to buy, or this was clear from the circumstances (for example, a wedding cake which is to be delivered on the wedding day) then the customer can cancel the contract and request a refund.

If the delivery time wasn’t essential, the consumer may set a new reasonable deadline for delivery, which must be appropriate considering the circumstances. If you still do not deliver after this extended timeframe, then the customer can seek a refund.

Proof of purchase and receipts

If you do not remember the customer buying the goods, you may ask them for proof of purchase. This does not have to be a receipt; alternative evidence such as a bank statement or credit card statement can be acceptable.  

Consumer right to a refund: timeframes and permitted deductions

When a customer is entitled to a refund, you must pay it without undue delay, and within 14 days of agreeing that they are entitled to it.

If goods don’t conform to the contract within the first six months, you are generally expected to provide a full refund. For hire agreements, you should  reimburse any payment made for goods not used or services not delivered.

After the first six months, you may make a deduction from the refund for the customer’s use of the goods. The deduction should be reasonable and proportionate.

A deduction for use of motor vehicles may be made after the first 30 days.

You should issue the refund using the original payment method, unless the customer agrees to a different option. As a trader, you are  responsible for the reasonable cost of returning  goods, unless the customer is returning them to the original location  where they got them, such as a retail shop.

However, consumers are not required to return the goods to this place unless the contract clearly required it from the start. Even when goods are returned to the shop, the customer may still be able to claim those costs from the trader. For example, if a motor vehicle breaks down and the consumer has to pay for a recovery service to return it, they may seek reimbursement.