Consumer Rights Act
Trader's obligations
The Act applies when the trader and the consumer enter into a contract for the provision of services face to face (eg in a shop). When a consumer contracts for a service, that service must be performed:
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with reasonable care and skill (ie the trader must have done everything they can), and
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in line with certain information about it or about the trader (if the trader tells a consumer something about themselves or the service being provided, then that “something” should be true).
A contract will generally specify a price, or it will be clear about how the price will be calculated (eg an hourly rate). Where the price is not agreed beforehand, the price must be reasonable. Also, where there is no agreement about the date or time for the service to be performed or completed, the timescale must be reasonable.
What is considered “reasonable” in a contract?
What is reasonable depends on the type of service and all other relevant circumstances for certain standards, for example:
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the quality of the product being offered (considering its description and purpose)
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if there is any unfair terms in the contract
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If the buyer was pressured to buy a product
For more information, read Consumers rights. If you have any questions, Ask a lawyer.
What happens if the service isn't performed properly?
If the service is not performed properly, the consumer is entitled to require repeat performance by the trader at the trader's cost, unless repeat performance is impossible. In that case, the consumer is entitled to a price reduction which will mean giving the consumer some money back; especially if they've already paid the full price.
There are some conditions to know that a contract is not being performed properly. They can be:
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the performance of the service (which can be compared to other suppliers who perform the same services)
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the charging of the services being a reasonable price and the time period to offer the service in a reasonable time as well (if not previously agreed in the contract)
Consumer Contracts Regulations
The regulations apply when the trader and the consumer enter into a contract for the provision of services at a distance (ie online). They provide consumers with a 14-day cooling-off period and require certain information to be given to consumers (eg about the service to be provided). Once the information has been given to the consumer, it becomes part of the contract with them and it cannot be changed without the consumer's consent. For more information about Consumer Contracts Regulations, read Online business regulations and Doing business with consumers.
Supply of Goods and Services Act
The Act only applies to contracts for the supply of goods or services entered into before 1 October 2015. It requires that traders carry out work with reasonable care and skill in a reasonable time and at a reasonable price. Additionally, any materials or goods supplied as part of the service must be of satisfactory quality, as described and fit for purpose, corresponding to the Sale of Goods Act 1979.
Failure to comply with these requirements by the trader is considered to be a breach of contract, allowing a consumer to seek through the court that the work be carried out correctly, or that the money paid is recovered. The consumer also has to act “reasonably” to allow the trader to fix the faced issues.
