Your Consumer Rights Explained: A Guide from Pearson Hards LLP

At Pearson Hards, we regularly encounter and assist our clients in navigating issues related to the legal landscape of consumer rights.

Whether you are a consumer who has purchased goods, services or digital content from a business or you are a business who is regularly selling these to consumers, it is vitally important that you understand what the legal standards, obligations and remedies are for when things go wrong.

For consumers, it is often about enforcing these rights and seeking the appropriate redress. For businesses, it is often about understanding and mitigating the risks associated with these rights or dealing with sensitive situations when they have been breached.

In this article, we set out two key but often complicated and misunderstood pieces of legislation; The Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. It is important to note that these laws are incorporated automatically into relevant contracts and are in addition to any other express terms which you have agreed to. They also cannot be contracted out of by traders.

Consumer Rights Act 2015

The Consumer Rights Act is the cornerstone of UK consumer protection law, setting out your rights when you purchase goods, digital content, or services from a business.

Understanding these rights is essential. Whether you are a consumer or a business, Pearson Hards can help you navigate the complexities with clear, focused and tailored advice and support.

Your Rights When Buying Goods

Under the Consumer Rights Act, all goods you buy from a business must be:

• Of Satisfactory Quality – reasonably durable, safe, and free from defects; and
• Fit For Purpose – suitable for the use you expected, including any specific purpose made known or advertised by the seller; and
• As Described – matching any description, sample, or model you have been shown.
  If any goods you have purchased fail to meet these legal standards, you have a 30-day right to reject them and claim back a full refund. After this initial period, you’re still protected; the seller must offer a repair or replacement. If that fails, you are entitled to a price reduction or a final refund.

Protection for Digital Content

The Consumer Rights Act also covers digital content, including downloads and streaming services such as music, films, games, or software. The same standards apply as they do with goods; the content must be of satisfactory quality, fit for purpose, and as described.

If digital content is faulty, you are entitled to a repair or replacement, or a partial or full refund if a fix is not possible. In addition, if the digital content damages your devices or other digital files, you may be entitled to compensation for the damage which has been caused.

Safeguards When Buying Services

When you hire a business to provide a service to you — for example, home repairs, legal advice, or even a haircut — the service must be:

• Carried out with Reasonable Care and Skill; and
• Completed within a Reasonable Timeframe; and
• Provided at a Reasonable Price, if not agreed in advance.

If a service is substandard then you can ask for it to be repeated or corrected at no extra cost to you. If that isn’t possible, you may claim a price reduction.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

This Act provides crucial protections for consumers when buying goods, services, or digital content, particularly through distance selling (such as online, by phone, or by mail order) and off-premises contracts. These regulations are designed to ensure transparency, fairness, and the ability to make informed decision-making.

Clear Information Before You Buy

Businesses are legally required to provide consumers with clear, comprehensive information before a contract is formed. This includes:

• A detailed description of the goods or services;
• The total price, including taxes and any extra charges;
• The delivery arrangements and timeframe;
• The consumer’s right to cancel, including how and when;
• The identity and contact details of the business;
• The duration of the contract and any ongoing obligations.

Failure to provide this information may result in the consumer having an extended right to cancel the contract and claim a full refund. Not understanding these provisions can be disastrous for businesses who actively sell goods, services and digital content online or without meeting their customers face-to-face when the contract is formed.

The Right to Cancel

One of the key features of these regulations is the 14-day cancellation period — referred to as the “cooling-off period” — which applies to most contracts defined under the Act as distance and off-premises in nature. There are certain exemptions such as contacts for the sale of immovable property rights (purchasing a house), renting accommodation or participating in the lottery.

For relevant contracts, the Act means that you can change your mind and cancel the contract within 14 days of receiving the goods or, for services, within 14 days of entering into the agreement.

If you cancel within this period then you are entitled to a full refund, including standard delivery charges. For services, any work already carried out (with your express consent) may be chargeable on a pro-rata basis. For digital content, cancellation rights may be lost if you consented to immediate download and acknowledged this would waive your right to cancel.

Extending Your Right to Cancel

The Regulations make provision for situations where you have, by virtue of them, a right to cancel and the trader has not expressly informed you of this. In such circumstances, the cooling-off period can be extended by up to a maximum of 12 months, or at the end of 14 days after the trader has informed you, within 12 months of the contract being formed.

Protection from Hidden Charges

The Regulations also protect consumers from hidden or unexpected charges. Traders must not charge for additional items (such as insurance or extras) unless the consumer has expressly agreed to them. Pre-ticked boxes or default selections that lead to extra payments are prohibited, for example.

How Can We Help You?

At Pearson Hards, we regularly advise both consumers and businesses on their rights and obligations under these consumer laws. Whether you're unsure about a contract you've entered into and/or need to seek redress or you're a business needing help with compliance, we are here to guide you with clear and concise advice.

Contact us today for expert support tailored to your needs and requirements by calling 020 8949 9500 or requesting a call back.

Disclaimer

Please note that the information provided above is for general informational purposes only and should not be read or construed as legal advice. If you need specific legal advice, please contact us to arrange a consultation or check out other free resources such as Citizens Advice.