News and Scam Alerts from Coventry Trading Standards - 30 September 2015

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News and Scam Alerts from Coventry Trading Standards - 30 September 2015

In this issue:

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Business advice – Consumer Rights Act 2015

CRA 2015

The new Consumer Rights Act 2015 comes into force on 1 October 2015 and will change all consumer law relating to the sale of goods and services, as well as other changes to Trading Standards enforcement.

Free information on the Act and how it could affect businesses can be found on the Business Companion website. Further information can be found at:

The Consumer Rights Act 2015 is the biggest shake up of consumer law for a generation and seeks to consolidate consumer rights contained in different pieces of legislation, and update it to cater for digital technology in consumer goods bringing the law in line with the fact many people now buy online.

The Act replaces existing consumer civil law, principally the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982. The new measures echo many of the existing provisions with some additional rights for consumers.

The new Act:

  • outlines a clearer route for rights and remedies consumers have if goods or services fail to do what was promised
  • clarifies when terms and conditions can be considered unfair
  • clarifies the periods for repair, replacement and refunds related to both goods and services.

Businesses have until 1 October 2015 to implement the new provisions outlined in the Consumer Rights Act 2015.

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Consumer advice – Consumer Rights Act 2015

CRA 15

The Consumer Rights Act 2015 will set out clear, updated rights for consumers buying goods, services and, for the first time, digital content.

The main changes include:

  • a right to a full refund if goods are faulty within 30 days of purchase
  • a right to a repair or replacement if goods are faulty 30 days after purchase
  • a right to a full refund if goods have been repaired or replaced within six months of purchase, and the repair/replacement is also faulty. A deduction can be made for use 6 months after purchase, and there will always be a reduction for a use if a motor vehicle is involved
  • a right to request that substandard services are redone, and a price reduction if the repeat performance is not carried out or is also unsatisfactory
  • new consumer rights when buying films, games, music downloads and e-books online
  • consumers will be able to challenge contract terms that are unclear, unfair or hidden. 

In brief, the Consumer Rights Act 2015 says goods bought in a shop must be as described, fit for purpose and of satisfactory quality.

If they are not then:

  • Up to 30 Days – If the item is faulty, you can get a refund.
  • Up to 6 Months – If the faulty item cannot be repaired or replaced, then you are entitled to a full refund in most cases.
  • Up to 6 years – If the item can be expected to last up to six years you may be entitled to a repair or replacement, or if that doesn’t work, some money back.

Remember, when buying in a shop you DON'T have a legal right to a refund or replacement just because you change your mind. BUT… some stores may offer something via their returns policy.

However, for goods or services bought at home, The Consumer Contracts Regulations 2013 does give you:

  • Up to 14 days after receiving the goods, the right to change your mind allowing you to cancel and get a full refund in most cases.

For services paid for at home the Consumer Rights Act 2015 also says:

  • Work has to be carried out with reasonable care and skill and if it isn’t, then you are entitled to have the service carried out again, or get some money back if it can’t be fixed;
  • if a price hasn't been agreed upfront, what you are asked to pay must be reasonable;
  • if no time has been agreed to perform the service upfront, it must be carried out within a reasonable time.

For the first time digital products and content are now included in legislation, and these must be as described, fit for purpose and of satisfactory quality.

If the digital content you have bought is faulty, you are entitled to a repair or replacement.

If the faulty cannot be fixed within a reasonable time, or without causing you significant inconvenience, you can get some, or all of your money back.

If you can show the fault has damaged your device and the supplier has not used reasonable care and skill, you may be entitled to a repair or compensation.

For example, if whilst installing new software this causes a fault on a system, the seller is liable for the damage it does. This can be extended to sat-nav updates or smartphone apps.

It’s important to remember the old laws – like the Sale of Goods Act – will still apply to contracts made before October 2015.

More information on how the Consumer Rights Act will affect purchases from 1 October can be found on the Citizens Advice consumer pages.

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New law making it illegal for under 18s to buy e-cigarettes

e-cig

Changes to the law on 1 October will make it illegal to buy or try to buy tobacco products and e-cigarettes for someone under 18: 

An adult who buys or attempts to buy tobacco, cigarette papers or nicotine inhaling products on behalf of someone under the age of 18 years commits an offence. This is called 'proxy purchasing'.

It is the buyer and not the trader who commits an offence.

More information.

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New law introduces charges for plastic bags

Plastic Bag

From Monday 5 October, a new law will require all retailers in England, employing 250 or more employees, to charge 5p for single-use plastic carrier bags.

The objective is to reduce the use supply of plastic bags and the litter associated with them, by encouraging people to re-use bags or to use 'bags for life'. Retailers are expected to donate the proceeds of the scheme to good causes of their choice.

Small and medium sized businesses are not yet covered by this law but some may decide to charge, in which case they will need to make it clear that a charge will apply for any single use plastic carrier bags they supply.

You can avoid the cost and help the environment by taking your own bags with you. 

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Safety recall: Intelligent Pelican travel adapter

Pelican

Intelligent Pelican has learned that a certain model (J-188) of their travel adapter plug manufactured in China and distributed in the UK under the brand ‘Intelligent Pelican,’ has failed a screening test and has been deemed a serious risk.

By pressing hard and sliding the UK or USA pins can result in the European pins springing out at the same time, which would render the European pins live if pushed into functioning mode.

These travel adapter plugs were sold from the September 2014 to 21 August 2015.

WARNING: At no time must you use this travel adapter when two sets of pins are engaged in their functioning positions.

CUSTOMERS SHOULD STOP USING THE ADAPTER IMMEDIATELY!

Intelligent Pelican will reimburse anyone who has bought one of these travel adapters or offer the option to replace the faulty adapter with a new model which has been tested and passed as safe.

Affected products should be returned to:

Intelligent Pelican Ltd

Scarwood,
Mildenhall,
Marlborough,
Wiltshire,
SN8 2NG

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For more information on scams, visit: www.coventry.gov.uk/scams

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