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Consumer Rights

Faulty Goods Returns


Overview

The Consumer Rights Act 2015 (CRA) is the primary legislation protecting your rights when you buy goods that turn out to be faulty. It replaced and consolidated the Sale of Goods Act 1979 for consumer contracts and provides clear remedies including repair, replacement, and refund.

Key Legislation

  • Consumer Rights Act 2015, Part 1, Chapter 2 - Rights and remedies for goods

  • Consumer Protection from Unfair Trading Regulations 2008 - Prohibits misleading actions and aggressive practices

  • Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 - 14-day cancellation right for distance/online purchases
  • Your Statutory Rights Under the CRA 2015

    Every contract for goods includes these implied terms:

    Section 9 - Satisfactory Quality


    Goods must meet the standard a reasonable person would consider satisfactory, taking into account:
  • The description of the goods

  • The price paid

  • All other relevant circumstances

  • This covers appearance, finish, safety, durability, and freedom from minor defects
  • Section 10 - Fit for a Particular Purpose


    If you told the seller (or it was obvious) that you needed the goods for a specific purpose, they must be reasonably fit for that purpose.

    Section 11 - As Described


    Goods must match any description given to you, whether in person, on packaging, or in advertising.

    Section 13 - Goods to Match a Sample


    If you bought based on a sample, the bulk must match in quality.

    Section 14 - Goods to Match a Model


    Goods must match any model seen or examined, except for differences brought to your attention.

    The Remedies: Your Three-Tier System

    Tier 1: Short-Term Right to Reject (Section 22)


  • Available within 30 days of delivery/purchase

  • You can return the goods and get a full refund

  • No requirement to accept a repair or replacement

  • The 30-day period pauses if goods are returned for repair
  • Tier 2: Right to Repair or Replacement (Section 23)


  • After 30 days, you must give the seller one opportunity to repair or replace

  • The repair/replacement must be done within a reasonable time and without significant inconvenience

  • You choose repair or replacement (unless your choice is disproportionate)

  • If the repair or replacement fails, you move to Tier 3
  • Tier 3: Right to a Price Reduction or Final Right to Reject (Section 24)


  • If repair/replacement is not possible, takes too long, or fails

  • Within 6 months of purchase: You are entitled to a full refund (no deduction for use)

  • After 6 months: The seller can make a reasonable deduction for use (except for motor vehicles, where deductions can apply from day one)
  • The 6-Month Reversal of Burden of Proof

    Under Section 19(14), during the first 6 months after delivery, any fault is presumed to have existed at the time of delivery. The seller must prove otherwise. After 6 months, the burden shifts to you to prove the fault was inherent.

    Step-by-Step: How to Return Faulty Goods

    Step 1: Identify the Fault and Applicable Right


  • Is it within 30 days? Use your short-term right to reject

  • Is it within 6 months? The fault is presumed to be inherent

  • Is it after 6 months? You may need an independent report
  • Step 2: Contact the Seller (Not the Manufacturer)


    Your contract is with the retailer, not the manufacturer. Write to them stating:
  • What you bought and when

  • The nature of the fault

  • Which section of the CRA 2015 applies

  • The remedy you are seeking (refund, repair, or replacement)
  • Step 3: Give the Seller a Reasonable Time to Respond


    Allow 14 days for a response. If they offer repair, they must complete it within a reasonable time.

    Step 4: Escalate if Necessary


    If the seller refuses:
  • Send a Letter Before Action giving 14 days notice

  • Issue a claim via Money Claims Online (small claims court for goods up to £10,000)

  • For credit card purchases over £100, also consider a Section 75 claim
  • Special Situations

  • Online and distance purchases: You have an additional 14-day cooling-off period under the Consumer Contracts Regulations 2013 (separate from fault-based rights)

  • Digital content: Covered separately under CRA 2015, Part 1, Chapter 3

  • Second-hand goods: Still covered by the CRA, but "satisfactory quality" accounts for the age and price

  • Sale items: Full rights apply unless the fault was specifically drawn to your attention before purchase

  • "No refunds" signs: These are unlawful under the Consumer Protection from Unfair Trading Regulations 2008 if they mislead consumers about their statutory rights
  • Key Points

  • Your rights are against the retailer, not the manufacturer

  • Store policies do not override statutory rights - "exchange only" or "credit note" policies cannot restrict your right to a refund for faulty goods

  • You do NOT need the original packaging or a receipt (any proof of purchase will do)

  • Extended warranties are separate from your statutory rights and do not replace them

  • Limitation period: 6 years from purchase to bring a court claim (Limitation Act 1980, Section 5)
  • EvenStance Can Help

    EvenStance can identify which CRA 2015 remedy applies to your situation, generate a formal complaint letter to the retailer, and guide you through the escalation to a Letter Before Action or small claims court if the retailer refuses to honour your rights.

    Ready to Take Action?

    EvenStance can generate the letters, track your deadlines, and guide you through every step.