Have you updated your terms and conditions of business recently?
The main provisions of the Consumer Rights Act 2015 (the “CRA”) entered into force on 1st October 2015. One of the objectives of the CRA is to harmonise the existing patchwork of consumer protection provisions that are found in European and domestic legislation. It also introduces some new consumer rights and remedies in respect of goods and services, such as fixing a “short-term” period of 30 days in which to reject goods that are not of satisfactory quality, instead of the “reasonable period” that was previously provided. The CRA sets out for the first time consumer rights in relation to digital content, as well as reforming existing rules in relation to unfair terms in consumer contracts and consumer notices.
Many of our clients own or operate businesses that provide goods or services to individuals and will be affected by the provisions of the CRA. Regardless of the size and nature of your business, or whether or not you have previously had experience of customers complaining about purchases or seeking to cancel their contracts, we strongly advise that you check how the new law will affect your business and review your terms and conditions to make sure they are compliant. If you do not have existing terms and conditions, it is a good time to put them in place, as the provision of transparent and prominent terms to customers is increasingly important to establish a practice of fair trading.
If you would like assistance with drafting or revising your terms and conditions of business or on how the CRA may affect your business, please contact the partner at Hunters having responsibility for your legal matters, or (for new enquiries) please contact a member of our Company & Commercial team.