Sutton Trading Standards wants residents during the busy Christmas period to understand their new rights, which they can exercise all-year round, following changes to consumer law since the Consumer Rights Act came into force on 1 October 2015.
Under the Act, should a Sutton resident buy from a borough retailer new goods that are faulty, they are now entitled to receive a full refund or ask for the goods to be repaired. Consumers can ask for a full refund up to 30 days from purchase under “the short-term right to reject”, and the money must be returned to them within 14 days.
For example, a relative purchases a laptop computer a week before Christmas as a present and when you first try it discover it is faulty as it will not turn on. As you have had the laptop for fewer than 30 days you are entitled to return it to the shop for a full refund. As the fault is obvious there is no need for further testing and the trader must agree to provide a refund.
Should the laptop computer break down after less than six months, you are still entitled to a repair or replacement from the retailer. Should you still be unhappy with the laptop after it is repaired, however, you have a right to a full refund.
But should the laptop computer break down more than six months but less than a year after purchase, the trader is entitled to reduce the refund to take into account the length of time you have had it.
Sutton Trading Standards wants borough businesses to have a clear understanding of their additional responsibilities under the Act so that they can serve their customers well and be clear with someone demanding a refund exactly when their rights entitle them to one. Also, should a problem arise in how a business provides a service, the business knows what it may be required to do about it.
For example, a consumer signs up to a mobile phone contract for £20 a month then learns a neighbour got the same package for £15, so challenges the firm, arguing that their deal is unfair. The monthly price and the texts and minutes available were clearly explained, in plain English, when the contract was agreed and were prominent and transparent in the contract.
Under the Act, it is easier for the firm to understand what should not be left to the small print. In this case, the consumer would not be able to challenge the deal for fairness, as the terms were transparent and prominent.
Cllr Nick Emmerson, Lead Councillor of Trading Standards at Sutton Council, said:
“Sutton Council’s Trading Standards team is keen to help local businesses and residents to ensure they do not fall foul of the law this Christmas and beyond. Taking a responsible and proactive approach can help avoid difficulties further down the line, which is better both for businesses and their customers.
“Borough businesses that understand their customers’ rights under the Consumer Rights Act can also expect repeated and trouble-free custom from residents, saving time and money and having a frustration-free Christmas and New Year.
“Sutton Trading Standards does not offer civil advice to borough residents but works in partnership with the Citizens Advice Bureau, so residents with issues about a local trader’s goods should contact the CAB direct.”
Complaints concerning a consumer’s civil rights are handled by the Citizens Advice helpline on 03454 04 05 06 or online by visiting the CAB website here.
More information and advice is available for businesses and consumers on the Trading Standards Institute website here.
Free and impartial business advice on a host of trading standards legislation is available on the Government-sponsored Business Companion website by clicking here.