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The term 'statutory' basically means relating to a statute, which in turn is defined as a law enacted by a legislature. For consumers, the most important statutory rights fall under two sets of legislation - the Sale of Goods Act 1979 and the Unfair Contract Terms Act 1977.Feb 3, 2016
Understanding Your Basic Statutory Rights
By: Lucy Debenham BA (hons) - Updated: 3 Feb 2016
Understanding Your Basic Statutory Rights
www.onlineshoppingrights.co.uk/understanding-your-basic-statutory-rights...
Quite often a consumer will see the phrase 'this does not affect your statutory rights' discreetly written on a receipt or notice in the shop. But what exactly are your statutory rights, and how do they relate to consumer rights and the law?
When a consumer purchases goods from a trader (business), then they are entering into a contract with the trader. Under this contract, in UK law, the consumer is given a set of implied rights known as their statutory rights.
The term 'statutory' basically means relating to a statute, which in turn is defined as a law enacted by a legislature. For consumers, the most important statutory rights fall under two sets of legislation - the Sale of Goods Act 1979 and the Unfair Contract Terms Act 1977. The Sale of Goods Act was later amended by the Sale & Supply of Gods Act 1994, and then again by the Sale and Supply of Goods to Consumers Regulations 2002.
Basic Rights
The law currently states that under these pieces of legislation, a consumer has the right to goods that are deemed to be of a satisfactory quality, fit for purpose and 'as described'. Satisfactory quality implies that the goods are free from any faults or manufacturing defects, safe, resilient and long-lasting, and have a satisfactory appearance and finish.
Fit for purpose entails that the goods are fit for the specific purpose for which they were made. Examples of fit for purpose include waterproof or water resistant goods. The term 'as described' means that the goods on offer should accurately concur with the description applied to them. This includes descriptions such as the size of colour of the goods.
At this point it's worth noting that when entering into a sale with an individual the only consumer right that applies in this instance is that the item is 'as described'. You should also consider that when buying second hand goods, your basic consumer rights still apply, except the law states that it is reasonable that expectation about the durability and performance of the goods should be lowered. Consumer rights also apply to goods bought in sale (stock clearance), but if the goods are on sale because of a defect, then the consumer cannot demand a refund due to that fault at a later stage.
Refunds and Complaints
In UK law, when purchasing from a shop, a consumer is not automatically entitled to a refund if they simply change their mind. Many shops will offer a refund, alternative or replacement purely as a gesture of goodwill, alongside proof of purchase. Unless stated, proof of purchase does not necessarily mean a till receipt - bank and card statements can also be used.
With shop-bought goods, a consumer cannot expect a full refund and has no grounds for complaint if they were provided with information about any faults before purchasing. It is expected that consumers should also examine their goods before making a purchase. Any faults or damage incurred by the consumer cannot be taken into consideration either.
Distance Selling
When making purchases via distance selling methods, consumers are also covered by the Consumer Protection (Distance Selling) Regulations 2000. The Distance Selling Regulations bring a European Directive into UK Law. It is always worth checking whether the supplier you are purchasing from is based within the UK or EU so that you know whether your UK consumer rights will apply. Distance Selling refers to purchases made when the consumer isn't physically present to complete the contract - for instance by mail order, digital television, email or via the Internet. These regulations ensure that consumers have access to written prior information (such as final costs, contact details of the supplier, delivery arrangements and cancellation policies) before making a final purchase.
Under these regulations consumers also have what is commonly referred to as a 7 day cooling-off period. During this time consumers may examine the goods as they would in a shop, change their mind and cancel the contract. The supplier is then expected to make a full refund within 30 days of the delivery of goods or start of the provision of the service.
However, the right to cancel doesn't always apply. This includes instances where goods have been personalised or customised, are perishable (such as with fresh food and flowers), have been unsealed as in the case of CDs and DVDs, or services that have been employed for a specific time and location as with transportation or hotel bookings. In these cases it is always worth checking and keeping record of the terms and conditions of the sale.
Note the DSR has now been replaced by the Consumer Contract Regulations but most of the same principles apply.
Unfair Terms
The Unfair Terms in Consumer Contracts Regulations (UTCCRs) seek to protect consumers against unfair standard terms in contracts made with traders that diminish common law and statutory rights. An unfair term is not considered legally binding, as it inflicts unreasonable burdens on the consumer. The definition of an unfair term is a term that "…contrary to the requirement of good faith…causes a significant imbalance in the parties' rights and obligations under the contract, to the detriment of consumers"
Statutory law
From Wikipedia, the free encyclopedia
 | This article needs additional citations for verification. (January 2011) |
Statutory law or statute law is written law set down by a body of legislature or by a singular legislator (in the case of an absolute monarchy).[1] This is as opposed to oral orcustomary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legislatures or local municipalities.
Codified law[edit]
Main article: Codification (law)
The term codified law refers to statutes that have been organized ("codified") by subject matter; in this narrower sense, some but not all statutes are considered "codified." The entire body of codified statute is referred to as a "code," such as the United States Code, the Ohio Revised Code or the Code of Canon Law. The substantive provisions of the Act could be codified (arranged by subject matter) in one or more titles of the United States Code while the provisions of the law that have not reached their "effective date" (remaining uncodified) would be available by reference to the United States Statutes at Large. Another meaning of "codified law" is a statute that takes the common law in a certain area of the law and puts it in statute or code form.
Private law (particular law)[edit]
Another example of statutes that are not typically codified is a "private law" that may originate as a private bill, a law affecting only one person or a small group of persons. An example was divorce in Canada prior to the passage of the Divorce Act of 1968. It was possible to obtain a legislative divorce in Canada by application to the Canadian Senate, which reviewed and investigated petitions for divorce, which would then be voted upon by the Senate and subsequently made into law. In the United Kingdom Parliament, private bills were used in the nineteenth century to create corporations, grant monopolies and give individuals attention to be more fully considered by the parliament. The government may also seek to have a bill introduced unofficially by a backbencher so as not to create a public scandal; such bills may also be introduced by the loyal opposition — members of the opposition party or parties. Sometimes a private member's bill may also have private bill aspects, in such case the proposed legislation is called a hybrid bill.
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