The Consumer Rights Act 2015 is now in force

The Business Companion website mentioned above is a fantastic resource for all business owners regardless of your trade and is worth a visit for any legal advice: www.businesscompanion.info

I'd like to draw attention to the digital section, as I know there a lot of members who deal in digital products and may not consider themselves as classed under the new Consumer Rights Act.

Digital Content - Business Companion

The Act defines 'digital content' as meaning 'data which are produced and supplied in digital form'. Therefore a huge array of digital-format products fall within this definition - for example:

• computer games
• virtual items purchased within computer games
• television programmes
• films
• books
• computer software
• mobile phone apps
• systems software for operating goods - for example, domestic appliances, toys, motor vehicles, etc

In many cases digital content is supplied in a format that can be physically touched such as a Blu-ray disc containing a film. Increasingly, however, digital content does not have a tangible form - for example, a film downloaded to a computer or a virtual car purchased when playing a computer game.

What the consumer can expect (statutory rights)

Under the Consumer Rights Act 2015 certain standards apply to every transaction for the supply of digital content. The digital content must be:

• of satisfactory quality
• fit for a particular purpose
• as described

Here is an interesting section as well, what is a trader?

If you are a 'person' acting for purposes relating to your trade, business, craft or profession then you are a 'trader'.

A person can include a partnership, which has a legal identity separate from its members. A person can also be a company, a charity (or other not-for-profit organisation), a government department, a local authority or a public authority.

For those operating UK sites, but overseas:

If you are a trader based outside the UK but market your digital content to UK consumers, you will still be covered by the Act and should seek specialist advice.

So a lot of information to take in, and (in my assessment) there is no immediate panic, but you should start to get familiar with the new act to see how it affects you.

Let me get this right, so if a customer orders a boiler from me, which I then order from a merchant. I then go and fit the boiler for the customer and the customer is happy. Seven days later her aunt Doris rings my customer and states she also has just had new boiler fitted and she's chuffed to bits because it has lots more fairy lights flashing on it. My customer then decides she too would prefer this particular boiler rather than the one that has been fitted for her. I know for a fact no merchant will take the boiler back, so am I expected to swallow the loss? There must be some exemptions, what if the decided to change their mind after another 14 days? I know some people will purchase goods use and abuse them for 14 days and then return them for a full refund for no good reason, as an example I might decide to jet wash my patio, I haven't got a jet washing machine, but I know Ideal World sells them at say £200. It arrives the following day, I clean my patio and outside brickwork, I then lend it to my neighbours  so they can clean their patios and cars... Once all my neighbours have done all their spring cleaning and because it is still within the 14 day period I send it back for my £200 refund. The following year my neighbour pulls the same stunt..... Hardly seems worth it from a retailers point of view... does it?

If you sell your goods online, then the statutory distance returns policy applied well before the new Act. It's just the deadline that's clarified. However, generally it's the customer who needs to pay for return costs (unless otherwise stated in your contract - you need to clarify this to the customer; if you offer to collect the goods back in the return procedure, you need to uphold your promise). 

Let me clarify one thing - there is no legal requirement for a seller to accept a return, if the product was sold as described and of satisfactory quality. In other terms, if someone buys a boiler and they're simply changed their mind, they are NOT entitled to a refund (unless you have your own policy).

If you sell your boilers online, then the first paragraph will apply.

I hope this clarifies the issue - the Act does not introduce massive changes to the law, it was meant to explain some blurry aspects from the last Act (e.g. multiple repairs), but most of the consumer rights remain the same.