Consumer Rights Act 2022

Representations purporting to restrict rights of consumer: offences

7. (1) Subsections (2) and (3) apply to any representation likely to be taken as indicating that—

(a) a right or the exercise of a right conferred by any of Parts 2 to 4 , or

(b) an obligation or a liability arising under any of those Parts,

is restricted or excluded otherwise than in accordance with this Act.

(2) It shall be an offence for a trader to do any of the following things in relation to a representation to which subsection (1) applies:

(a) to display on any part of any premises a notice that includes any such representation;

(b) to publish or cause to be published an advertisement which contains any such representation;

(c) to supply goods bearing, or digital content or a digital service displaying in any form, any such representation;

(d) otherwise to furnish or to cause to be furnished a document including any such representation.

(3) For the purposes of this section, the following shall be treated as a representation to which subsection (1) applies:

(a) a representation to the effect that reimbursement will not be made for goods, digital content, a digital service or a service sold or supplied under a contract to which any of Parts 2 to 4 applies (any such goods, digital content, digital service or service so sold or supplied being referred to in this section as “relevant items”) that are not in conformity with the contract concerned;

(b) a representation to the effect that reimbursement for relevant items that are not in conformity with the contract concerned will be made only in the form of credit notes or gift vouchers;

(c) a representation to the effect that relevant items that are not in conformity with the contract concerned will not be replaced, repaired, remedied or otherwise brought into conformity with the contract concerned; or

(d) a representation that is otherwise likely to be taken as indicating that—

(i) a right or the exercise of a right conferred by any of Parts 2 to 4, or

(ii) an obligation or a liability arising under any of those Parts,

is restricted or excluded otherwise than in accordance with this Act.

(4) In this section, “representation” includes—

(a) any oral, written, visual, descriptive or other representation by a trader, including any commercial communication, marketing or advertising, and

(b) a notice or other document used or relied on by a trader in connection with a contract with a consumer.