The Consumer Rights Act 2015 and the Sale of Goods Act 1979 set the legal standards for selling goods in the UK, but they apply in different commercial contexts. For your business, knowing which law governs a transaction is critical, as it affects your obligations, liability and how disputes are resolved, particularly when dealing with consumers versus other businesses. Misapplying the law can lead to refunds, claims or unenforceable terms. This article explains the key differences between the Consumer Rights Act and the Sale of Goods Act and when each applies.<\/p>\n\n\n\n
The Consumer Rights Act 2015<\/em><\/a> is a key piece of law which creates obligations on you as an eCommerce store when selling goods and services to consumers. As a trader, if your customer is a consumer, meaning that they do not represent a corporation, this law applies. It, therefore, does not apply to any business to business (B2B) transactions you make. <\/p>\n\n\n\n These obligations in the Act are related to the standards of the products and services you sell. The Act also makes your business, as the eCommerce retailer, responsible for these standards for your goods until they are received by the buyer or someone they have elected to receive them such as their neighbour. This means that the delivery service you may use is not responsible. <\/p>\n\n\n\n The standards that the Consumer Rights Act requires an eCommerce business to meet differ depending on whether it provides services or goods. These standards take effect when transacting with a consumer because a verbal or written contract is made at this point.<\/p>\n<\/div>\n\n\n\n The standards you must meet when selling your goods must be met regardless of any guarantee or product warranty you may offer. The standards apply to all goods, including digital goods. These standards include that the goods are:<\/p>\n\n\n\n If your eCommerce business sells services, the following obligations under the Act apply:<\/p>\n\n\n\n Essentially, the Consumer Rights Act 2015 replaced most of the Sale of Goods Act 1979 unless your customers bought their goods from you before 30 September 2015. However, despite this, The Sales of Goods Act 1979, which builds on other legislation, is still current UK legislation and applies to the contracts you use to sell your eCommerce goods (whether they are written or verbal agreements) where they are business to business (B2B) transactions. However, they only apply to goods<\/a>, so not to your services. <\/p>\n\n\n\n The Act ensures, for example, that the goods you sell are:<\/p>\n\n\n\n It is advisable to get legal help to understand the Sales of Goods Act 1979 as it has implied terms which can be confusing. For example, these include:<\/p>\n\n\n\nStandards When Selling Goods<\/h3>\n\n\n\n
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Standards When Selling Services <\/h3>\n\n\n\n
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What is the Sales of Goods Act 1979?<\/h2>\n\n\n\n
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Implied Terms<\/h3>\n\n\n\n
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