In Short
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Businesses must supply goods that are of satisfactory quality, fit for purpose and as described, and cannot remove consumers’ legal rights.
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Consumers have tiered remedies: a 30-day right to reject, then repair or replacement up to six months, and further rights for up to six years.
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Poor handling of defects can lead to legal risk, disputes and reputational damage.
Tips for Businesses
Make sure your product descriptions and sales advice are accurate and realistic. Train staff on the basics of consumer remedies and complaint handling. Respond quickly, keep clear records and ask for reasonable evidence where needed. If you are unsure about a customer’s rights, get legal advice before refusing a remedy.
When your business sells products to consumers in the UK, you must remember to comply with strict consumer protection obligations. These rules set out the legal standards that apply to the goods you supply and require your business to take specific steps when products fail to meet those standards.
If your business handles consumer product defect issues poorly, then you may face legal consequences and broader reputational damage (including the risk of negative reviews). It is therefore essential that your business understands and complies with its obligations under consumer law, particularly where products are defective or not fit for their intended purpose.
This article gives a high-level overview of the legal remedies available to consumers when products are faulty or not fit for their intended purpose. These remedies sit within a much wider framework of consumer protections (such as additional rules around fairness, advertising, cancellation rights and product safety). As such, your business should ensure it understands the full scope of a consumer’s rights and seek legal advice if you are unsure about your legal obligations when selling to consumer customers.
Product Standards and Consumer Law Rights
Under the Consumer Rights Act 2015, your business must supply goods that meet key standards. Goods must be of satisfactory quality, meaning they should be:
- free from defects;
- safe for normal use;
- sufficiently durable; and
- consistent with what a consumer would expect based on their description, price and surrounding circumstances.
Your business must make sure that products are suitable for their usual use and for any specific purpose the customer told you about before buying. Products must match their description, including what is shown in listings, images, packaging, marketing materials or samples.
Understanding Not Fit For Purpose
Before considering the remedies that apply, it is helpful to understand what it means when a product is not fit for purpose.
This can apply where a customer states that they require a product capable of performing a certain task or functioning under certain conditions, and you assure them that the item will meet those requirements. If it later becomes clear that it cannot achieve that purpose, the item is not fit for the specific purpose, and you could face product liability claims.
Continue reading this article below the formUnderstanding Consumer Remedies
Consumers have a number of different rights and remedies if a business does not meet its obligations. These rights are complex and depend on the circumstances, but in very simple terms (within a supply of goods context) include:
- Consumers can reject faulty products for a full refund within the first 30 days.
- From 30 days up to 6 months, they have the right to a repair or replacement, giving your business an opportunity to fix or replace the goods before a refund is available. If this does not resolve the issue, the consumer may then be entitled to a refund or a price reduction.
- From 6 months to 6 years, consumers can still request a repair or replacement depending on the type of goods, though the burden of proof will shift to the consumer to show the fault.
While there are various rules, timeframes and exceptions within this framework, this is generally how the core consumer remedies operate under the Consumer Rights Act.
In practice, the remedy available will depend on the product and when the problem is raised. These rules can be difficult to navigate, so you should get legal advice if an issue arises.
Handling Consumer Complaints Effectively
How your business responds to a complaint can help determine whether it resolves quickly or becomes more serious.
You should:
- listen carefully to the consumer;
- understand their concerns in full; and
- identify what outcome they believe would resolve the matter.
Responding promptly and communicating openly can help defuse tension and protect your customer relationships.
When consumers report defects, your business can request reasonable evidence or arrange to inspect the product. You should also keep clear internal records of complaints or investigations and any steps taken to resolve the issue. Accurate documentation may help your business demonstrate that it acted responsibly and can be important if the matter is challenged or disputed.
If you are unsure whether a legal remedy applies, you should obtain legal advice before rejecting or limiting a consumer request. In some cases, a reasonable goodwill gesture can help avoid negative reviews, regulator involvement, or a drawn-out dispute.
Protecting Your Business
As well as understanding consumer remedies, compliant consumer terms should be an important part of your risk-management framework. Your business should create clear and accessible terms that explain:
- how consumers can raise concerns;
- what information they should provide;
- how defects will be assessed; and
- how remedies will be delivered.
Many businesses also include a short statement confirming their legal duty to supply goods that meet consumer law standards.
Training Your Team on Consumer Rights
Your employees play a key role in consumer law compliance, as they are often the first point of contact. Your business should train customer-facing staff so they understand the basic framework, including:
- the 30-day right to reject;
- the operation of the repair and replacement period; and
- when refunds or price reductions may arise.
Providing accessible reference guides, examples and clear escalation procedures helps employees handle complaints consistently and confidently. Taking such steps can help your business reduce risks around consumer remedies. You should always seek legal advice if you are unsure about your position or how to handle a specific complaint or request.
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Key Takeaways
Under the Consumer Rights Act 2015, your business must supply goods that meet important legal standards. When products fail to meet those standards, consumers have a range of structured rights that may include:
- rejection;
- repair;
- replacement;
- refunds; or
- price reductions depending on the timing and circumstances.
Clear consumer communication and strong training are key steps your business can take to protect itself when trading with consumers. However, it is vital to seek legal advice if you are unsure about how to handle a particular consumer request or complaint, to avoid further damage or risk.
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Frequently Asked Questions
Business customers do not benefit from the same rights that apply to consumers. In business-to-business sales, many contractual rights can be negotiated or limited, but separate legal rules also influence the drafting of your business-to-business contracts
The Consumer Rights Act requires your business to supply goods that are of satisfactory quality, fit for purpose and as described. Consumers have a number of tiered rights if the goods do not conform to these mandatory standards.
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