Consumer contracts regulations 2013 (information cancellation and additional charges)

[Winger23man]

Has anyone used this legislation
I’m looking at a situation where a saddle was sold off premises at my home. No terms and conditions were given at any point. tIA

 

[Season’s Bleatings]

This might be helpful: https://www.herefordequestrian.co.uk/2017/01/27/consumer-rights-act-2015-saddle-question/

 

[Winger23man]

Hi thanks this is different to the consumer rights act as it’s specifically about a contract and what is written in the contract and if the seller doesn’t give the contract written or in an agreed format they commit an offence up to £5k fine. The seller has to prove the contract was given

 

[sbloom]

I think the 2015 legislation may be the relevant one, I'm on the phone so too tricky for me to find it. My understanding is that not giving TS and Cs, and them being on a website may count, means your rights are extended. Citizens Advice is the place to go, and/or any organisation the fitter is a member of including BETA.

 

[sbloom]

Here's the relevant bit from the 2013 legislation - https://www.legislation.gov.uk/uksi/2013/3134/regulation/10/made. I would want to be sure that nothing in the 2015 legislation superceded it but this link is what I understand to apply to my dealings with customers (though I do think handing a paper Ts&Cs/contrast is ridiculous if it's on your website AND you've emailed it on initial enquiry.

Is there something specific you want to know?

 

[Winger23man]

Here's the relevant bit from the 2013 legislation - https://www.legislation.gov.uk/uksi/2013/3134/regulation/10/made. I would want to be sure that nothing in the 2015 legislation superceded it but this link is what I understand to apply to my dealings with customers (though I do think handing a paper Ts&Cs/contrast is ridiculous if it's on your website AND you've emailed it on initial enquiry.

Is there something specific you want to know?

Hi I just wanted to know if you have to give t and cs out. I bought three saddles and never got any t and cs I understand by not giving them you are liable for a £5k fine the onus to prove it was given is up to the seller. The judge can also make the seller reimburse the buyer for the goods in full and even order that the buyer can keep the goods too

just need to know if that’s your understanding. Not everyone reads someone’s website I certainly didn’t as I knew the person and trusted them.

 

[Tracking_up]

Not sure why buying goods need T's & C's ? Would be interested as to why they might be needed?

 

[Winger23man]

It’s for buying off premises or distant selling. These laws are to give the consumer more rights

 

[Kaylum]

You mean for example if they dont fit or that they might go on trial for 2 weeks but must be returned in excellent condition etc. Or they changed their mind.

 

[Winger23man]

It’s more complex than that there are 24 separate pieces of information the seller must give in writing or in an agreed format. Having this on your website it’s


If the saddle is made to measure there is no right to refund however this must be informed prior to entering into the contract

the onus on proof the information was given rests with the seller if they can’t prove it the seller has breached the contract

it’s a very useful piece of legislation especially if things have gone wrong and one that attracts a hearty fine of £5k

 

[Winger23man]

Isn’t enough just to have it on your website

 

[Winger23man]

You mean for example if they dont fit or that they might go on trial for 2 weeks but must be returned in excellent condition etc. Or they changed their mind.

This could be part of the contract however it must be reasonable if unreasonable then it’s a breach of contract regulations

 

[Kaylum]

It’s more complex than that there are 24 separate pieces of information the seller must give in writing or in an agreed format. Having this on your website it’s


If the saddle is made to measure there is no right to refund however this must be informed prior to entering into the contract

the onus on proof the information was given rests with the seller if they can’t prove it the seller has breached the contract

it’s a very useful piece of legislation especially if things have gone wrong and one that attracts a hearty fine of £5k

My friend got a refund from a made to measure saddle. It did not fit she got a second opinion from her physio and they had seen a few from the same saddler that didnt fit. Not sure what the terms and conditions were.

 

[Winger23man]

My friend got a refund from a made to measure saddle. It did not fit she got a second opinion from her physio and they had seen a few from the same saddler that didnt fit. Not sure what the terms and conditions were.

That’s probably because the fitter was being reasonable and doing the right thing. What was the time span of buying to refund out if interest

 

[Kaylum]

That’s probably because the fitter was being reasonable and doing the right thing. What was the time span of buying to refund out if interest

I think about 4 weeks.