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Consumer Protection

We understand the difficulties when consumer rights are breached and the disappointment disputes of this nature can bring.  

 

We support and guide clients through consumer legislation and work tirelessly to alleviate the stress of these types of disputes.

The Consumer Protection Act 2015 protects the interests of the consumer and has established mechanisms for the settlement of consumer disputes over goods, digital content and services.

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When things go wrong you have redress for:-

  • faulty and counterfeit goods

  • poor service

  • contracts (sales, goods and hire)

  • builders

  • rogue traders

  • credit and store cards

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There are three types of contracts identified by the Act as follows:-

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Goods Contracts

Under a goods contract you have the following statutory rights:-

  1. Goods to be of satisfactory quality

  2. Goods to be fit for particular purpose

  3. Goods to be as described

  4. Other pre-contract information included in contract

  5. Goods to match a sample

  6. Goods to match a model seen or examined

  7. Installation as part of conformity of the goods with the contract

  8. Goods not conforming to contract if digital content does not conform

  9. Trader to have right to supply the goods etc

  10. No other requirement to treat term about quality or fitness as included

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Service Contracts

Under a Services contract you have the following statutory rights:-

  1. Service to be performed with reasonable care and skill
  2. Information about the trader or service to be binding
  3. Reasonable price to be paid for a service

  4. Service to be performed within a reasonable time

  5. Relation to other law on contract terms

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Digital Content Contracts

  1. Digital content to be of satisfactory quality

  2. Digital content to be fit for particular purpose

  3. Digital content to be as described

  4. Other pre-contract information included in contract

  5. No other requirement to treat term about quality or fitness as included

  6. Supply by transmission and facilities for continued transmission

  7. Quality, fitness and description of content supplied subject to modifications

  8. Trader’s right to supply digital content

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What remedies are available?

 Your remedies include:

  • the right to enforce the contract terms for goods, services and digital content

  • right to partial and full rejection of goods

  • the right to repair or replacement of goods

  • right to price reduction or final right to reject goods

  • right to repeat performance for services

  • right to price reduction for services

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Consumer Protection
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