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FACTSHEET and Frequently Asked
Questions( FAQs)
Subject:
Sale and Supply of Goods to
Consumers Regulations 2002
Relevant or Related Legislation: Sale
of Goods Act 1979,
Supply of Goods and Service Act 1982,
Sale
of Consumer Goods Directive
(Directive
1999/44/EC "on certain aspects of the sale of consumer goods and
associated guarantees" ).
Current Position
The
Sale and Supply of Goods to Consumers Regulations 2002 came into effect
on 31 March 2003
Key Facts
• The Directive provides a baseline of protection for consumers across
the EU
• Existing consumer protection in the UK already largely exceeds that
baseline
• The
Regulations implementing the Directive in the UK provide a hierarchy of
remedies where goods are sold with an inherent defect - repair or
replacement, partial or full refund.
Frequently Asked Questions (FAQs)
Q1. Do the Regulations have retrospective effect?
Q2. How do the Regulations benefit UK Consumers?
Q3. What were consumers' rights before the Regulations came
into effect?
Q4. Do the Regulations or the Directive require manufacturers
or retailers to provide a two year guarantee for all goods?
Q5. Why was the Directive late being transposed?
Q6. Will consumers lose out because of this delay?
Q7. What does the Directive mean for shopping elsewhere in the
EU?
Q8. If a consumer buys a faulty product abroad, does the
Directive or the Regulations provide for it to be returned to an outlet
in the UK?
Q1. Do
the Regulations have retrospective effect?
No.
They take effect from 31 March 2003.
Q2. How
do the Regulations benefit UK Consumers?
•
They can be sure that they will be entitled to reasonable redress
wherever they buy goods in the European Union.
•
They will now enjoy in the UK a specific right to a repair or
replacement if goods are faulty.
•
If goods develop a fault within the first six months and the retailer
wishes to
dispute the claim, the retailer will be required to provide
proof that the fault was not present when the goods were sold.
Q3. What
were consumers' rights before the Regulations came into effect?
The
immediate right to reject goods, and demand the money back, where they
are of unsatisfactory quality or not as described. Thereafter, to demand
damages (compensation), which usually equates to a repair or
replacement, for up to six years in England and Wales and 5 years in
Scotland.
Q4. Do
the Regulations or the Directive require manufacturers or retailers to
provide a two year guarantee for all goods?
No.
The Directive did not provide a two year guarantee. It introduced a
requirement for a two year limitation period, during which consumers can
report and seek redress for a fault that was there at the time of
delivery. Some EU countries have had limitation periods of less than
this but the equivalent limitation period in the UK is 6 years in
England and Wales and five years in Scotland.
Q5. Why
was the Directive late being transposed?
We
did not take the easy route of merely copying out the Directive but
integrated its provisions within existing legislation to produce a more
coherent result. This allows consumers and business to better grasp the
new rules rather than having to consult a myriad of different pieces of
legislation. However, this more thorough approach, necessitating changes
to a range of current legislation, took more time to produce a
satisfactory outcome.
Q6. Will
consumers lose out because of this delay?
Not
really. Although the Directive contains some powerful clauses, most of
these are directed at our European counterparts in order to establish a
common baseline for consumer protection in all Member States. The
current UK legislation already exceeds most of these.
Q7. What
does the Directive mean for shopping elsewhere in the EU?
The
Directive protects UK shoppers abroad by providing a minimum standard of
protection throughout the EU that was not available before. It means
they have a right to demand redress for faults that become apparent, up
to two years after delivery, provided the faults were there at the time
of delivery and it is reasonable to expect the goods to have lasted as
long as the period in question. They may have more powerful rights (as
in the UK - see mention of six years immediately above) as this is a
minimum standards Directive. Availability of these rights across the EU
will depend on when the Directive is transposed by other Member States.
Q8. If a consumer buys a faulty product abroad, does the Directive
or the Regulations provide for it to be returned to an outlet in the UK
No.
The supplier of the goods is directly responsible to the buyer as is the
case at the moment in most European countries.
Further
Enquiries
You
should contact your local Citizens
Advice Bureau (www.nacab.org.uk) who can give you legal advice about
your rights under the current law.
Also
your local Trading
Standards Department (www.tradingstandards.gov.uk) who are
responsible for enforcing the Regulations the UK.
You
can find the address and telephone numbers of both these organisations
under the respective given sites and then entering your local postcode.
Both should also be listed in your local phone book.
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