Consumer Rights Act 2022
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Chapter 3 Consumer remedies in sales contracts | ||
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Right to remedies under sections 24 and 25 | ||
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23. (1) Where goods are not in conformity with the sales contract at the relevant time, the consumer shall have the following rights— | ||
(a) the right to exercise the short-term right to terminate the sales contract in accordance with section 24 , and | ||
(b) subject to subsections (2) and (3), the right to have the goods brought into conformity with the contract through repair or replacement in accordance with section 25 . | ||
(2) The consumer may choose between the remedies of repair and replacement of the goods unless the remedy chosen by the consumer— | ||
(a) would be impossible for the trader to carry out, or | ||
(b) compared to the alternative remedy, would impose disproportionate costs on the trader, taking all the circumstances into account, including— | ||
(i) the value that the goods would have if there were no lack of conformity, | ||
(ii) the significance of the lack of conformity, and | ||
(iii) whether the alternative remedy could be provided without significant inconvenience to the consumer. | ||
(3) The trader may refuse to bring the goods into conformity with the sales contract if both repair and replacement— | ||
(a) are impossible for the trader to carry out, or | ||
(b) compared to the alternative remedy, would impose disproportionate costs on the trader, taking all the circumstances into account, including those specified in subsection (2)(b)(i) and (ii). |