Consumer Rights Act 2015
This Part applies where there is an agreement between a trader and a consumer for the trader to supply goods, digital content or services, if the agreement is a contract.
It applies whether the contract is written or oral or implied from the parties’ conduct, or more than one of these combined.
Any of Chapters 2, 3 and 4 may apply to a contract—
if it is a contract for the trader to supply goods, see Chapter 2;
if it is a contract for the trader to supply digital content, see Chapter 3 (also, subsection (6));
if it is a contract for the trader to supply a service, see Chapter 4 (also, subsection (6)).
In each case the Chapter applies even if the contract also covers something covered by another Chapter (a mixed contract).
Two or all three of those Chapters may apply to a mixed contract.
For provisions about particular mixed contracts, see—
section 15 (goods and installation);
section 16 (goods and digital content).
For other provision applying to contracts to which this Part applies, see Part 2 (unfair terms).
These definitions apply in this Part (as well as the definitions in section 59).
“Trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
A trader claiming that an individual was not acting for purposes wholly or mainly outside the individual’s trade, business, craft or profession must prove it.
For the purposes of Chapter 2, except to the extent mentioned in subsection (6), a person is not a consumer in relation to a sales contract if—
the goods are second hand goods sold at public auction, and
individuals have the opportunity of attending the sale in person.
A person is a consumer in relation to such a contract for the purposes of—
sections 11(4) and (5), 12, 28 and 29, and
the other provisions of Chapter 2 as they apply in relation to those sections.
“Business” includes the activities of any government department or local or public authority.
“Goods” means any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for supply in a limited volume or set quantity.
“Digital content” means data which are produced and supplied in digital form.
This Chapter applies to a contract for a trader to supply goods to a consumer.
It applies only if the contract is one of these (defined for the purposes of this Part in sections 5 to 8)—
a sales contract;
a contract for the hire of goods;
a hire-purchase agreement;
a contract for transfer of goods.
It does not apply—
to a contract for a trader to supply coins or notes to a consumer for use as currency;
to a contract for goods to be sold by way of execution or otherwise by authority of law;
to a contract intended to operate as a mortgage, pledge, charge or other security;
in relation to England and Wales or Northern Ireland, to a contract made by deed and for which the only consideration is the presumed consideration imported by the deed;
in relation to Scotland, to a gratuitous contract.
A contract to which this Chapter applies is referred to in this Part as a “contract to supply goods”.
Contracts to supply goods include—
contracts entered into between one part owner and another;
contracts for the transfer of an undivided share in goods;
contracts that are absolute and contracts that are conditional.
Subsection (1) is subject to any provision of this Chapter that applies a section or part of a section to only some of the kinds of contracts listed in subsection (2).
A mixed contract (see section 1(4)) may be a contract of any of those kinds.
In this Chapter ownership of goods means the general property in goods, not merely a special property.
For the time when ownership of goods is transferred, see in particular the following provisions of the Sale of Goods Act 1979 (which relate to contracts of sale)— section 16: goods must be ascertained section 17: property passes when intended to pass section 18: rules for ascertaining intention section 19: reservation of right of disposal section 20A: undivided shares in goods forming part of a bulk section 20B: deemed consent by co-owner to dealings in bulk goods
A contract is a sales contract if under it—
the trader transfers or agrees to transfer ownership of goods to the consumer, and
the consumer pays or agrees to pay the price.
A contract is a sales contract (whether or not it would be one under subsection (1)) if under the contract—
goods are to be manufactured or produced and the trader agrees to supply them to the consumer,
on being supplied, the goods will be owned by the consumer, and
the consumer pays or agrees to pay the price.
A sales contract may be conditional (see section 3(5)), but in this Part “conditional sales contract” means a sales contract under which— and it makes no difference whether or not the consumer possesses the goods.
the price for the goods or part of it is payable by instalments, and
the trader retains ownership of the goods until the conditions specified in the contract (for the payment of instalments or otherwise) are met;
A contract is for the hire of goods if under it the trader gives or agrees to give the consumer possession of the goods with the right to use them, subject to the terms of the contract, for a period determined in accordance with the contract.
But a contract is not for the hire of goods if it is a hire-purchase agreement.
A contract is a hire-purchase agreement if it meets the two conditions set out below.
The first condition is that under the contract goods are hired by the trader in return for periodical payments by the consumer (and “hired” is to be read in accordance with section 6(1)).
The second condition is that under the contract ownership of the goods will transfer to the consumer if the terms of the contract are complied with and—
the consumer exercises an option to buy the goods,
any party to the contract does an act specified in it, or
an event specified in the contract occurs.
But a contract is not a hire-purchase agreement if it is a conditional sales contract.
A contract to supply goods is a contract for transfer of goods if under it the trader transfers or agrees to transfer ownership of the goods to the consumer and—
the consumer provides or agrees to provide consideration otherwise than by paying a price, or
the contract is, for any other reason, not a sales contract or a hire-purchase agreement.
Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.
The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—
any description of the goods,
the price or other consideration for the goods (if relevant), and
all the other relevant circumstances (see subsection (5)).
The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—
fitness for all the purposes for which goods of that kind are usually supplied;
appearance and finish;
freedom from minor defects;
safety;
durability.
The term mentioned in subsection (1) does not cover anything which makes the quality of the goods unsatisfactory—
which is specifically drawn to the consumer’s attention before the contract is made,
where the consumer examines the goods before the contract is made, which that examination ought to reveal, or
in the case of a contract to supply goods by sample, which would have been apparent on a reasonable examination of the sample.
The relevant circumstances mentioned in subsection (2)(c) include any public statement about the specific characteristics of the goods made by the trader, the producer or any representative of the trader or the producer.
That includes, in particular, any public statement made in advertising or labelling.
But a public statement is not a relevant circumstance for the purposes of subsection (2)(c) if the trader shows that—
when the contract was made, the trader was not, and could not reasonably have been, aware of the statement,
before the contract was made, the statement had been publicly withdrawn or, to the extent that it contained anything which was incorrect or misleading, it had been publicly corrected, or
the consumer’s decision to contract for the goods could not have been influenced by the statement.
In a contract to supply goods a term about the quality of the goods may be treated as included as a matter of custom.
See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
Subsection (3) applies to a contract to supply goods if before the contract is made the consumer makes known to the trader (expressly or by implication) any particular purpose for which the consumer is contracting for the goods.
Subsection (3) also applies to a contract to supply goods if—
the goods were previously sold by a credit-broker to the trader,
in the case of a sales contract or contract for transfer of goods, the consideration or part of it is a sum payable by instalments, and
before the contract is made, the consumer makes known to the credit-broker (expressly or by implication) any particular purpose for which the consumer is contracting for the goods.
The contract is to be treated as including a term that the goods are reasonably fit for that purpose, whether or not that is a purpose for which goods of that kind are usually supplied.
Subsection (3) does not apply if the circumstances show that the consumer does not rely, or it is unreasonable for the consumer to rely, on the skill or judgment of the trader or credit-broker.
In a contract to supply goods a term about the fitness of the goods for a particular purpose may be treated as included as a matter of custom.
See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
Every contract to supply goods by description is to be treated as including a term that the goods will match the description.
If the supply is by sample as well as by description, it is not sufficient that the bulk of the goods matches the sample if the goods do not also match the description.
A supply of goods is not prevented from being a supply by description just because—
the goods are exposed for supply, and
they are selected by the consumer.
Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract.
A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.
See section 2(5) and (6) for the application of subsections (4) and (5) where goods are sold at public auction.
See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
This section applies to any contract to supply goods.
Where regulation 9, 10 or 13 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) required the trader to provide information to the consumer before the contract became binding, any of that information that was provided by the trader other than information about the goods and mentioned in paragraph (a) of Schedule 1 or 2 to the Regulations (main characteristics of goods) is to be treated as included as a term of the contract.
A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.
See section 2(5) and (6) for the application of this section where goods are sold at public auction.
See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in the contract.
This section applies to a contract to supply goods by reference to a sample of the goods that is seen or examined by the consumer before the contract is made.
Every contract to which this section applies is to be treated as including a term that—
the goods will match the sample except to the extent that any differences between the sample and the goods are brought to the consumer’s attention before the contract is made, and
the goods will be free from any defect that makes their quality unsatisfactory and that would not be apparent on a reasonable examination of the sample.
See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
This section applies to a contract to supply goods by reference to a model of the goods that is seen or examined by the consumer before entering into the contract.
Every contract to which this section applies is to be treated as including a term that the goods will match the model except to the extent that any differences between the model and the goods are brought to the consumer’s attention before the consumer enters into the contract.
See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
Goods do not conform to a contract to supply goods if—
installation of the goods forms part of the contract,
the goods are installed by the trader or under the trader’s responsibility, and
the goods are installed incorrectly.
See section 19 for the effect of goods not conforming to the contract.
Goods (whether or not they conform otherwise to a contract to supply goods) do not conform to it if—
the goods are an item that includes digital content, and
the digital content does not conform to the contract to supply that content (for which see section 42(1)).
See section 19 for the effect of goods not conforming to the contract.
Every contract to supply goods, except one within subsection (4), is to be treated as including a term—
in the case of a contract for the hire of goods, that at the beginning of the period of hire the trader must have the right to transfer possession of the goods by way of hire for that period,
in any other case, that the trader must have the right to sell or transfer the goods at the time when ownership of the goods is to be transferred.
Every contract to supply goods, except a contract for the hire of goods or a contract within subsection (4), is to be treated as including a term that—
the goods are free from any charge or encumbrance not disclosed or known to the consumer before entering into the contract,
the goods will remain free from any such charge or encumbrance until ownership of them is to be transferred, and
the consumer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known.
Every contract for the hire of goods is to be treated as including a term that the consumer will enjoy quiet possession of the goods for the period of the hire except so far as the possession may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance disclosed or known to the consumer before entering into the contract.
This subsection applies to a contract if the contract shows, or the circumstances when they enter into the contract imply, that the trader and the consumer intend the trader to transfer only—
whatever title the trader has, even if it is limited, or
whatever title a third person has, even if it is limited.
Every contract within subsection (4) is to be treated as including a term that all charges or encumbrances known to the trader and not known to the consumer were disclosed to the consumer before entering into the contract.
Every contract within subsection (4) is to be treated as including a term that the consumer’s quiet possession of the goods—
will not be disturbed by the trader, and
will not be disturbed by a person claiming through or under the trader, unless that person is claiming under a charge or encumbrance that was disclosed or known to the consumer before entering into the contract.
If subsection (4)(b) applies (transfer of title that a third person has), the contract is also to be treated as including a term that the consumer’s quiet possession of the goods—
will not be disturbed by the third person, and
will not be disturbed by a person claiming through or under the third person, unless the claim is under a charge or encumbrance that was disclosed or known to the consumer before entering into the contract.
In the case of a contract for the hire of goods, this section does not affect the right of the trader to repossess the goods where the contract provides or is to be treated as providing for this.
See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
Except as provided by sections 9, 10, 13 and 16, a contract to supply goods is not to be treated as including any term about the quality of the goods or their fitness for any particular purpose, unless the term is expressly included in the contract.
Subsection (1) is subject to provision made by any other enactment (whenever passed or made).