Q&As

If a consumer buys bespoke goods online and allege the goods are faulty, but the supplier thinks it was the consumer’s fault what are the consumer’s rights and the supplier’s rights?

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Published on LexisPSL on 29/09/2017

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • If a consumer buys bespoke goods online and allege the goods are faulty, but the supplier thinks it was the consumer’s fault what are the consumer’s rights and the supplier’s rights?

In answering this Q&A we have limited our research to cover online purchases by consumers of bespoke items.

For the purposes of this Q&A we have assumed that this question relates to online purchases by consumers of bespoke goods.

The Consumer Rights Act 2015 (CRA 2015) implies certain terms into any contract for the sale of goods, including those made with consumers. Under the CRA 2015:

  1. goods must correspond with their description (CRA 2015, s 11)

  2. goods must be of satisfactory quality and fit for purpose (CRA 2015 ss 9 and 10)

  3. the transferor of goods must have the right to transfer title in them (CRA 2015, s 8)

  4. where goods are transferred by reference to a sample, that they must correspond with the sample

Quality is judged by the following factors (CRA 2015, s 9(3)):

  1. fitness for all the purposes for which goods of the kind in question are commonly supplied

  2. appearance and finish

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