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If you have any questions or would like more information regarding consumer regulations or your terms and conditions, please do contact our Commercial Solicitors, who would be happy to assist.
Navigating the complex area of consumer legislation can be tricky for consumer-facing businesses.
However, as consumers are protected by statutory rights that cannot be limited or excluded by terms and conditions, the consequences of non-compliance can be potentially very costly.
It is, therefore, imperative for businesses that supply goods, services or digital content to consumers to ensure that their terms and conditions are carefully drafted to ensure they are compliant with consumer rights legislation.
This commercial article explores some areas of consumer legislation businesses should be aware of when supplying to consumers.
Further information regarding terms and conditions of supply can be found on our website.
The Consumer Rights Act 2015 (CRA) implies certain terms in all consumer contracts depending on what is being supplied: goods, services, digital content or a combination of all three.
The CRA provides consumers with different remedies should they receive defective goods, services or digital content. Some of such remedies include:
In addition to the remedies set out above, a consumer may also be entitled to bring a claim for damages where the goods, services and digital content do not conform with the implied terms set out above or the consumer suffers a loss or damage due to the goods, services and digital content.
The CRA also applies a fairness test to all terms of a consumer contract.
A provision that causes a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer may be deemed unfair and subsequently invalid.
The risk this presents to businesses that supply to consumers is that they may be unable to enforce their terms and conditions against the consumer.
Additionally, consumer bodies such as Trading Standards can investigate unfair practices, which can lead to bad publicity for your business.
Where a business sells goods, services or digital content online, by phone, SMS or mail order (i.e. at a distance) or concludes the contract for the supply at a place other than its business premises, then additional rules and protections apply.
The additional rules for distance selling include requiring a business to:
This article has explored some of the consumer legislation in place that businesses supplying to consumers must be compliant with.
Businesses should ensure that their terms and conditions are well-drafted, unambiguous and legally compliant.
The Commercial Team at Myerson have extensive experience advising consumer-facing businesses and drafting terms and conditions that comply with such consumer legislation whilst remaining commercially pragmatic and business-friendly.
If you have any questions or would like more information regarding consumer regulations or your terms and conditions, please do contact our Commercial Solicitors, who would be happy to assist.