Consumer Rights Act 2015: 4 tips to see whether your terms and conditions are ready

Consumer Rights Act 2015: 4 tips to see whether your terms and conditions are ready

On 1 October, the Consumer Rights Act 2015 comes into force.

Perhaps you haven't really had much time to look into it? Perhaps you have and you don't want to miss anything?

Here's four tips on how to check your client's T&Cs for compliance.

What shouldn't be in your terms and conditions if your client sells to consumers:

If your T&Cs to consumers refer to any of the following laws in particular, alarm bells should be ringing.

  • Unfair Contract Terms Act 1977
  • Sale of Goods Act 1979
  • Supply of Goods and Services Act 1982
  • Sale and Supply of Goods to Consumers Regulations 2002, SI 2002/3045
  • Unfair Terms in Consumer Contracts Regulations 1999, SI 1999/2083

These laws are all affected by the coming into force of the Consumer Rights Act 2015. Some of them will only apply from 1 October 2015 to business-to-business contracts, others will be revoked in their entirety.

If your terms and conditions refer to them, they are likely to be out-of-date.

So what should be in:

The following laws should be considered in detail, among others:

  • Consumer Rights Act 2015 (obviously)
  • Single Use Carrier Bags Charges (England) Order 2015, SI 2015/776 (for Wales: The Single Use Carrier Bags Charge (Wales) Regulations 2010)
  • Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, SI 2015/542
  • Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015, SI 2015/17
  • Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134
  • Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277
  • Electronic Commerce (EC Directive) Regulations 2002, SI 2002/ 2013

Bear in mind that terms and conditions should reflect the law, not quote it verbatim.

For example. the Competition and Markets Authority (CMA) frowns upon the lavish quoting of statutes in terms and conditions—with the possible exception of the friendly sounding Consumer Rights Act 2015.

Therefore, whilst yo

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