European Commission A European consumer agenda boosting confidence and growth COM (2012) 225 p 2. /Parent 2 0 R >> >> v OTP Jelzalogbank Zrt [2014] 2 All ER (Comm) 443. /Type /Group >> This replaces the current two-tier system available under the Sale and Supply of Goods to Consumers Regulations 2002 ("SSGCRs"). /Tabs /S /Contents 83 0 R This is because compliance with description is a core standard for both goods and digital content. /Tabs /S /MediaBox [0 0 595.32 841.92] The Act applies to the UK (consumer rights are a reserved matter and not devolved to Scotland, Wales or Northern Ireland). /Type /Page 310 0 R 310 0 R 310 0 R 310 0 R 310 0 R 310 0 R 310 0 R 310 0 R 311 0 R 311 0 R /ExtGState << /MarkInfo << << /Font << /F1 47 0 R 131. /StructParents 2 /Creator The Consumer Rights Act 2015 came into force on 1 October 2015. endobj /StructParents 8 See also Matei, above n 127. /Annots [55 0 R] BROWSE PEOPLE DIRECTORY People Search Locations << 150 0 R 150 0 R 150 0 R 151 0 R 151 0 R 151 0 R 151 0 R 151 0 R 151 0 R 152 0 R << Does the Consumer Rights Act 2015 represent a valuable consolidation of EU and UK consumer policy, or are EU rights being absorbed into a distinctive national framework of consumer rights? /ProcSet [/PDF /Text /ImageB /ImageC /ImageI] /S /Transparency /Contents 89 0 R /StructParents 17 19 0 obj 77. /F4 50 0 R /F5 51 0 R /Group << 105. 208 0 R 208 0 R 208 0 R 208 0 R 208 0 R 208 0 R 208 0 R 208 0 R 208 0 R 208 0 R Golecki, Mariusz J. Google Scholar. 450 0 R 156 0 R 157 0 R 158 0 R 451 0 R 160 0 R 167 0 R 452 0 R 168 0 R 169 0 R >> 356 0 R 356 0 R 356 0 R 357 0 R 357 0 R 357 0 R 357 0 R 357 0 R 357 0 R 357 0 R 121. /ProcSet [/PDF /Text /ImageB /ImageC /ImageI] 51. >> 28 0 obj >> Chen-Wishart, M Transparency and fairness in bank charges (2010) 126 L Q Rev 157 /Group << [2009] UKSC 6, [2010] 1 AC 696. 7 [180 0 R 181 0 R 182 0 R 183 0 R 184 0 R 184 0 R 184 0 R 185 0 R 185 0 R 185 0 R Fairness of variation terms in financial services consumer contracts under the Consumer Rights Act 2015 www.bsa.org.uk @BSABuildingSocs 3 (v) Purpose of the unfair contract terms provisions It is important that regulators, courts and ombudsmen do not over-interpret the unfair contract terms provisions, stretching them beyond their explicit Staudenmayer was, at the time, assistant to the Director-General, Directorate-General Health and Consumer Protection. Willett, C Fairness and consumer decision making under the Unfair Commercial Practices Directive (2010) 33 J Consumer Pol'y 247 at 271.CrossRefGoogle Scholar, 136. /CS /DeviceRGB /Type /Group /Contents 56 0 R Ancery, A and Wissink, M Case-note on Pannon /ExtGState << endobj Whilst in general the same rules apply irrespective of the type of transaction, there are a small number of differences in the detail of the rules depending on the nature of the supply. 37. /Type /Group /S /Transparency Bridge, M A comment on Toward a universal doctrine of breach: the impact of CISG by Jrgen Basedow (2005) 25 Int'l Rev L & Econ 501 >> Hostname: page-component-75b8448494-2jmwc /ProcSet [/PDF /Text /ImageB /ImageC /ImageI] /StructParents 13 /Contents 81 0 R /F4 50 0 R /GS7 53 0 R Explanatory Notes to Act, at [5][18]. See the UK government's Guiding Principles for EU Legislation, at 5(c). Sections 62(1)(3), implementing Art 6.1 of the Directive. >> Note that s 19(5) deals separately with s 12, providing that if the trader is in breach of a term that s 12 requires to be treated as included in the contract, the consumer has the right to recover from the trader the amount of any costs incurred by the consumer as a result of the breach, up to the amount of the price paid or the value of other consideration given for the goods. 32 [438 0 R 439 0 R 440 0 R 441 0 R 442 0 R 442 0 R 442 0 R 442 0 R 442 0 R 442 0 R 14 0 obj Note that the consumer cannot choose a replacement over a repair or vice versa if the chosen remedy is disproportionate compared to the other remedy. >> 54. /GS8 54 0 R /F6 52 0 R The author would like to thank Lucinda Miller, Albert Sanchez Graells, Keith Stanton, Keith Syrett and the two anonymous Legal Studies reviewers for their helpful suggestions in the preparation of this paper. /Type /Catalog /GS7 53 0 R /ExtGState << See also /F5 51 0 R >> /Parent 2 0 R /GS7 53 0 R However, no deduction for use can be made where the goods are rejected within six (6) months of supply except in the case of motor vehicles. /ProcSet [/PDF /Text /ImageB /ImageC /ImageI] (2010) 18 Eur Rev Private L 307 at 314Google Scholar. << /Parent 2 0 R freedom from minor defects of the goods. Traders should note that the pre-contractual information that the trader must supply to the consumer under the CCRs is expressly included as terms of the contract between the trader and consumer under both the CCRs and now the CRA. /F2 48 0 R /F2 48 0 R 21. The work must be done within a reasonable time, without causing significant inconvenience to the consumer and at no cost to the consumer. >> A two-tier statutory remedy structure has been introduced in the event that those standards are breached: As with the goods provisions, the trader must provide the repair or replacement within a reasonable time, without causing significant inconvenience to the consumer and at no cost to the consumer. The standards consumers can expect in relation to goods largely reflect those contained in the Sale of Goods Act 1979 ("SGA"), including that the goods will be of satisfactory quality, be fit for purpose and match their description. /Tabs /S /GS7 53 0 R /ExtGState << 22 0 obj 68. endobj 187 0 R 187 0 R 187 0 R 187 0 R 187 0 R 187 0 R 187 0 R 187 0 R 187 0 R 187 0 R] 29 [420 0 R 421 0 R 421 0 R 421 0 R 421 0 R 421 0 R 421 0 R 421 0 R 421 0 R 421 0 R 329 0 R 329 0 R 329 0 R 329 0 R 329 0 R 329 0 R 329 0 R 330 0 R 330 0 R 330 0 R 238 0 R 238 0 R 238 0 R 238 0 R 238 0 R 238 0 R 238 0 R 238 0 R 238 0 R 238 0 R Howells, G and Twigg-Flesner, C Consolidation and simplification of UK consumer law (London: Department for Business, Innovation & Skills (BIS), 2010)Google Scholar. Consumer law changed on 1 October 2015, as the Consumer Rights Act came into force. 442 0 R 442 0 R 442 0 R 442 0 R 442 0 R 442 0 R 443 0 R 443 0 R 443 0 R 443 0 R 342 0 R 342 0 R 342 0 R 343 0 R 344 0 R 344 0 R 344 0 R 344 0 R 344 0 R 345 0 R sale, hire, hire-purchase). See Reference is made to Case C-415/11 Aziz v Caixa D'Estalvis de Catalunya [2013] All ER (EC) 770, at [44][45], [68][69] (Spanish procedural rules, which prevented borrowers in arrears from effectively contesting the fairness of their mortgage agreements, found to be contrary to EU law). A term is unfair if "contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer". The EC Directive on certain aspects of the sale of consumer goods and associated guarantees all talk and no do? /GS7 53 0 R /Type /Group /ExtGState << /InlineShape /Sect /CS /DeviceRGB See 50. 403 0 R 403 0 R 403 0 R 403 0 R 403 0 R 403 0 R 403 0 R 403 0 R 403 0 R 403 0 R Article 3(3) provides that In the first place, the consumer may require the seller to repair the goods or he may require the seller to replace them, in either case free of charge, unless this is impossible or disproportionate. See The CRA also establishes a new two-tier statutory remedy system which applies when the services standards are breached: This remedy is available where the trader fails to exercise reasonable care and skill or has not complied with information they have given about the service and requires the trader to repeat the service to the extent required to complete it properly. /F5 51 0 R /Type /Group Trstenjak, AG in Penzugyi >> >> /Type /Page 6. /F2 48 0 R /Macrosheet /Part << If the goods still do not meet the consumer's rights, whether because the original issue persists or a new one has arisen, the consumer can exercise their right to a price reduction or final right to reject (see below). 20. /Font << /Contents 58 0 R /MediaBox [0 0 595.32 841.92] Parente, Fabio 256 0 R 256 0 R 256 0 R 256 0 R 256 0 R 257 0 R 257 0 R 257 0 R 257 0 R 257 0 R 140. >> >> 321 0 R 321 0 R 321 0 R 321 0 R 321 0 R 321 0 R 321 0 R 321 0 R 321 0 R 321 0 R /StructParents 6 /Parent 2 0 R /MediaBox [0 0 595.32 841.92] /Font << reviewing their standard terms and conditions of sale, including those provided on retail websites and mobile apps, for compliance with the CRA; examining the provisions of any other sales contracts they enter into with consumers; evaluating contracts and arrangements with suppliers and distributors to ensure that the consumer rights and remedies provided for in the CRA will be observed and accommodated and that there are no potential liability gaps; updating statutory references in all relevant documentation; reviewing pre-contractual information that is supplied to consumers, including notices, advertisements and announcements; updating cancellation, returns and complaints handling policies; and. 424 0 R 424 0 R 424 0 R 424 0 R 424 0 R 424 0 R 424 0 R 424 0 R] /StructParents 12 139 0 R 139 0 R 139 0 R 139 0 R 139 0 R 139 0 R 139 0 R 139 0 R 139 0 R 139 0 R /Type /Group /Parent 2 0 R Alexander Hickey KC Call 1995 King's Counsel 2016 Martyn Naylor Unlike the UTCCRs, but broadly in line with UCTA, the CRA applies to notices as well as terms, blacklists certain terms and notices (e.g. 72. an mp3 music download). >> 236 0 R 236 0 R 236 0 R 236 0 R 236 0 R 236 0 R 236 0 R 237 0 R 237 0 R 237 0 R See Collins, above n 68, at 238, who notes that even at a late stage in the negotiations, the draft Directive had envisaged the introduction of a general principle against substantive unfairness in consumer contract. Access to Justice, Final Report (London: HMSO, 1996)Google Scholar, which precipitated the Civil Procedure Rules (CPR), which came into force in England and Wales on 26 April 1999. << The Consumer Rights Act 2015 applies to contracts with consumers for the sale of goods, digital content and services concluded on or after 1 October 2015. See also Law Commission Report No 317/Scottish Law Commission No 216 Consumer Remedies for Faulty Goods (November 2009). UTD Art 2(b): any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business or profession. Giliker, P The transposition of the Consumer Rights Directive into UK law: implementing a maximum harmonization directive (2015) 23 /ProcSet [/PDF /Text /ImageB /ImageC /ImageI] 128. >> See also /GS7 53 0 R /CS /DeviceRGB See Thompson v London, Midland and Scottish Railway Co Ltd [1930] 1 KB 41. /F4 50 0 R /S /Transparency The CRA also imposes a term that the trader has the right to provide the digital content. The main provisions of the Consumer Rights Act come into force on 1 October 2015 but what exactly has changed and what should businesses be doing to comply? 117 0 R 117 0 R 117 0 R 117 0 R 117 0 R 117 0 R 117 0 R 117 0 R 117 0 R 117 0 R >> /StructParents 15 2. This paper will examine the extent to which the Act promotes the objectives of these Directives and the implications of the result of the June 2016 referendum that the UK should leave the EU. /StructParents 23 /Chartsheet /Part /Contents 86 0 R 16 [269 0 R 270 0 R 271 0 R 272 0 R 273 0 R 274 0 R 275 0 R 276 0 R 276 0 R 276 0 R 123 0 R 123 0 R 123 0 R 123 0 R 123 0 R 124 0 R 124 0 R 124 0 R 124 0 R 124 0 R /F9 65 0 R 321 0 R 321 0 R 321 0 R 322 0 R 322 0 R 322 0 R 322 0 R 322 0 R 322 0 R 322 0 R /CS /DeviceRGB 36 0 obj 53. /Type /Group >> /CS /DeviceRGB However, unlike with goods, there is no cap on the number of repairs or replacements that the trader can provide before the consumer is entitled to a price reduction (see below). What is the Consumer Rights Act, and how does it affect my vehicle purchase? /MediaBox [0 0 595.32 841.92] /Type /Group /F4 50 0 R /GS8 54 0 R If you bought your car after 01 October 2015, the Consumer Rights Act 2015 applies. /Worksheet /Part 359 0 R 359 0 R 359 0 R 359 0 R 359 0 R 359 0 R 359 0 R] Contract Law: Text, Cases and Materials (Oxford: Oxford University Press, 6th edn, 2014) p 435