Why the law sets a floor: legislation as a minimum standard
Consumer law: the rules that set the minimum standards a business must meet when it sells goods and services to the public.
- Legislation sets a standard every business selling in the UK has to reach whether or not it would choose to, and for consumer sales that framework is the Consumer Rights Act 2015.
- A buyer only finds out that a product is faulty after paying for it and carrying it home, so the harm lands before the market has any chance to punish a bad seller.
- A common floor also stops firms competing by cutting corners, because no rival can undercut an honest seller by shipping unsafe goods and staying quiet about it.
Quality: satisfactory, fit for purpose and as described
Satisfactory quality: the standard a reasonable person would expect of goods at that price, taking account of safety, finish and durability.
- Three promises about quality are built into every sale, and a business cannot write them out of its own terms and conditions.
- Satisfactory quality: a kettle that leaks from the seam after a fortnight fails, because no reasonable buyer would accept it at any price.
- Fit for purpose: walking boots sold for hill walking that let water in fail, because they do not do the job they were sold to do even though nothing is visibly broken.
- As described: a jumper advertised as wool that turns out to be acrylic fails, because it does not match the description, however warm and well made it is.
Consumer rights: a repair, a replacement or a refund
- If goods fall short on any of the three promises, the customer is entitled to a remedy from the shop that sold them, not from the factory that made them.
- Repair: the seller puts the fault right and returns the same item, which is usually the cheapest route for the business.
- Replacement: the seller hands over another one of the same product and absorbs the cost of the faulty unit.
- Refund: the seller gives the money back, so the sale is reversed and the revenue disappears from the accounts.
- Services carry a parallel promise: a haircut, a repair or a boiler fitting must be done with reasonable care and skill and charged at a reasonable price.
- The cost that legislation adds to a business in general is dealt with in guide 1.5.3c.
- What follows from meeting or failing these obligations is dealt with in guide 1.5.3d.
What consumer law changes in how a business operates
- Meeting these promises is not a document in a drawer, because it changes five everyday jobs, each of which costs money or time.
- Checking what comes in: stock is inspected or a supplier is tied to a quality standard, so faults are caught before they reach a customer.
- Describing honestly: adverts, labels and online listings have to be checked against the actual product, which means somebody is paid to sign them off.
- Training staff: sales and customer service staff learn what to claim about a product and how to settle a complaint, which is paid time away from selling.
- Keeping records: receipts, order histories and proof of purchase are stored so a genuine claim can be settled quickly rather than argued over.
- Budgeting for returns: money is set aside for refunds and replacements, so cash is tied up against returns that may never be claimed.
- The law works for the seller as well: shoppers order clothing from ASOS without trying it on because they know a faulty or misdescribed item can go back, so consumer law lifts sales at the same time as it constrains the business.
- Answer from the firm's side, because the marks sit on what the business must change, not on reciting the law.
- Use the exact wording, since "the goods were rubbish" scores nothing while "not of satisfactory quality" is the examiner's language.
- Edexcel does not want statute detail, so do not spend words on sections, time limits or court cases.
- Finish the chain: the firm checks stock, so fewer faulty items reach customers, so it pays fewer refunds and keeps the repeat custom its profit depends on.
- Name the three promises the law makes about the quality of goods.
- Which of the three does a jumper sold as wool but made of acrylic break?
- Give the three remedies a customer can be offered when goods fall short.
- What standard must a service be carried out to?
- Give two changes a business has to make to how it operates to meet consumer law.