Your Rights as a Consumer in Scotland
Consumer rights in Scotland are part of the broader UK legal framework. The rights are enshrined in various laws and regulations, most notably the Consumer Rights Act 2015. Before you fork out £5,000 for that subway carriage you are longing for, this article considers consumer rights under the 2015 Act.
What is a consumer?
As the name suggests, the Consumer Rights Act 2015 is only applicable to consumers. Under the Act, a consumer is ‘an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession’ (section 2(3)). The obvious effect of this is that if you make a purchase in a business capacity, you will not benefit from protection under the 2015 Act. There is an exception under the legislation where an individual has purchased second-hand goods at a public auction. In those circumstances, an individual will not generally be able to rely on the 2015 Act (see section 2 of the Act for further information).
Here, it appears the contractor’s intention is to sell each carriage for a fixed price. The provisions of the Act should therefore apply.
Satisfactory Quality, Fit for Purpose, and As Described
The most commonly referred to provisions are that goods must be of satisfactory quality, fit for purpose and as described (section 9,10 and 11 respectively).
All products sold must meet the standard that a reasonable person would regard as satisfactory, having regard to the description, price, and any other relevant circumstances. The goods must be fit for the purpose they were purchased for, which the consumer must have made known to the seller. They must meet the description given by the seller, including any samples shown.
A reasonable person would not purchase an old subway carriage with the expectation that it will be in an undamaged condition or that it will still be working. The goods are specifically being marketed as second-hand and a ‘cultural icon’. The seller suggests use as cafes, glamping pods or art galleries, not to use as an actual mode of transport! In the sale of high-profile goods such as this, it will be relevant not just what the seller advertises, but also the public’s knowledge of the goods generally. Taking the subway carriages as our example, consumers would need to be aware that their ability to claim under sections 9,10 or 11 is likely to be far more limited than if they were to purchase, for example, brand new goods that had a clear intended purpose.
The Right to Reject
The remedies available to consumers differ depending on which of the consumer’s rights have been breached. If products breach your consumer rights under section 9, 10 or 11, you may have heard about your right to reject the goods. There are generally two rights to reject faulty goods.
The first is a short-term right to reject the goods within 30 days of ownership transferring or goods being delivered. A seller cannot reduce the 30-day period, but it could opt to extend it. A consumer must be aware that the 30 days will not stop if they have requested a replacement or repair. It would, however, stop for the period goods are being replaced or repaired by a seller. A consumer will then have at least 7 days after receiving the replacement or repair to reject the goods. Within the first 30 days of ownership, a consumer will have the right to seek a full refund for the faulty goods. A seller cannot refuse the refund within this period.
The second is often referred to as a final right to reject.
Between 30 days and 6 months following transfer of ownership or delivery of the faulty goods, a consumer must give the seller one opportunity to repair or replace the goods before a refund can be claimed and only if specified factors are true (for example, that the repair failed; it was impossible to do; or would take an unreasonable amount of time to complete). A consumer can also request that the seller makes further attempts to repair or replace the goods.
If the goods are not rejected until after the 6-month period has elapsed, a consumer must still give the seller an opportunity to repair or replace the goods and can claim a full or partial refund, but the burden of proof will be on the consumer to prove the product is faulty. In practice, this will often require expert reports, opinion or other evidence to support the consumer’s case, and can become extremely costly.
There is no specified form by which a consumer should reject the goods; only that the purchaser informs the seller that they are rejecting the goods and treating the contract as at an end (section 20(5)). Generally, it is always advisable to reject the goods in writing.
In the case of the subway carriages, it appears that there is a requirement for the purchaser to arrange uplift and transportation, so the time limits would likely commence from the date that the purchase was made.
Conclusion
Consumers should always be aware of their rights and the strict deadlines to seek remedies under the 2015 Act. Our Dispute Resolution Team has extensive experience advising on consumer rights in Scotland. If you require assistance, please contact us today.
