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 Consumer Contracts and Consumer Rights - Are you Compliant? - 12th February 2016 - Click for larger version Consumer Contracts and Consumer Rights - Are you Compliant? - 12th February 2016

Two important pieces of consumer protection legislation have recently come in to force - if you are a consumer-facing business, are you compliant?

The Consumer Rights Act 2015 (“the Act”) came into force on 1 October 2015 and seeks to simplify and modernise consumer law in the UK for both retailers and consumers.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 came into force on 13 June 2014 and applies to contracts between retailers and consumers.

The changes are relevant to every business that sells directly to consumers. The new laws apply to:-

• Goods bought in a shop;
• Goods bought online;
• Services bought in a shop;
• Services bought online; and
• Digital content.

The new legislation states that goods (including digital content) must be of satisfactory quality, fit for purpose and as described and services must be provided with reasonable care and skill. As well as this:-

• Certain information must be provided to consumers;
• Cancellation rights have changed as well as rights to a refund;
• Rights in relation to delivery and risk have also been amended.

It is important to ensure your terms and conditions are compliant with the new legislation and regulations and that your contracts do not contain unfair terms. It is also important to ensure your complaints procedure and returns policy are up-to-date.

Local authority trading standards officers are currently surveying the websites of Scottish online retailers, and we are currently assisting a number of client firms who have received letters advising non-compliance with the legislation.

For further information on how we can assist, please contact Laura Forrest on 0141 248 4957 or laura@macdonaldhenderson.co.uk.

Last updated: 9.21am, Friday 12th February 2016

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