THE
NEW REGULATIONS
The Sale and Supply of Goods to onsumers Regulations 2002
amends part of the Sale of Goods Act 1979 (and amendments),
the Supply of Goods and Services Act 1982, Supply of Goods
(Implied Terms) Act 1973 and the Unfair Contract Terms
Act 1977.
The regulations
deal mainly with consumer remedies for faulty goods and
with consumer guarantees. They apply to goods sold, hired,
transferred or subject to hire purchase. The regulations
stipulate requirements that most retailers already observe
so change may not be needed. These stipulations are:
-
The customer
is not responsible for the goods until (s)he has actually
received them, so the retailer can’t pass the risk
to the buyer by using a delivery company.
-
Buyers receiving
goods which are faulty on delivery can make the seller
repair or replace the goods. The buyer can insist
that this is done within a reasonable time and without
significant inconvenience to themselves. The definition
of ’reasonable time’ and ‘significant inconvenience’
will depend upon the nature of the goods and the purpose
for which they were bought.
-
The buyer
can insist on a reduction or can cancel the contract
if the above conditions are not met or if the goods
cannot be repaired or replaced.
However the regulations
do consider what is reasonable to expect a retailer to
do. For example, the retailer doesn’t have to offer a
remedy which is disproportionate to the purchase price.
If the customer chooses to cancel the contract then the
retailer may reduce the amount of the refund to take into
account of the use the customer has had from the goods.
Consumers may
be able to take action under the regulations when they
believe that claims made about a product are untrue. It
is therefore important that retailers ensure that any
advertising, including labelling, is accurate and that
statements made about goods by employees are true. |