Consumer Rights Act 2022

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Right to proportionate reduction in price or final termination of sales contract

26. (1) This section applies where—

(a) the consumer has exercised his or her right under section 23 (1)(b) and—

(i) the trader has refused to bring the goods into conformity with the sales contract in accordance with section 23 (3), or

(ii) the trader has not completed the repair or the replacement of the goods or, where applicable, has not completed the repair or replacement in accordance with section 25 ,

(b) the same or a different lack of conformity of the goods with the sales contract becomes apparent despite the trader having attempted to bring the goods into conformity with the sales contract,

(c) the lack of conformity of the goods with the sales contract is of such a serious nature as to justify an immediate reduction in the price or the termination of the sales contract, or

(d) the trader has declared, or it is clear from the circumstances, that the trader will not bring the goods into conformity with the sales contract within a reasonable time or without significant inconvenience to the consumer.

(2) Subject to subsections (5) and (7), the consumer shall have—

(a) the right to a proportionate reduction in the price in accordance with section 27 , or

(b) subject to subsection (3), the right to exercise the final right to terminate the sales contract in accordance with section 28 .

(3) The consumer shall not have the right to exercise the final right to terminate the sales contract under subsection (2)(b) if the lack of conformity of the goods with the sales contract is minor.

(4) In case of dispute, it shall be for the trader to show that the lack of conformity of the goods is minor.

(5) Where subsection (1)(b) applies, it shall be objectively determined, taking all the circumstances into account (including the matters mentioned in subsection (6)), whether the consumer—

(a) shall have the right specified in paragraph (a) or (b) of subsection (2), or

(b) shall be required to accept a further attempt or attempts by the trader to bring the goods into conformity with the sales contract.

(6) The matters referred to in subsection (5) are—

(a) the type and value of the goods,

(b) the nature and significance of the lack of conformity of the goods with the sales contract, and

(c) whether the consumer can reasonably be expected to maintain confidence in the ability of the trader to bring the goods into conformity with the sales contract, in particular where the same lack of conformity appears more than once.

(7) For the purposes of subsection (1)(c), it shall be objectively determined, having regard to the nature and severity of the lack of conformity of the goods with the sales contract (including the matters mentioned in subsection (8)), whether that lack of conformity is of such a serious nature as to justify the application of subsection (2).

(8) The matters referred to in subsection (7) are whether the lack of conformity with the sales contract is such that—

(a) the consumer cannot maintain confidence in the ability of the trader to bring the goods into conformity with the sales contract,

(b) the ability of the consumer to make normal use of the goods is severely affected and the consumer cannot reasonably be expected to trust that this would be remedied by repair or replacement by the trader.

(9) Where the consumer is entitled to exercise the right conferred by subsection (2)(b) by virtue of some (but not all) of the goods to which the sales contract relates not being in conformity with the sales contract, the consumer may exercise that right only in relation to—

(a) the goods that are not in conformity with the sales contract, and

(b) any other goods that the consumer acquired with the goods that are not in conformity with the sales contract, if the consumer cannot reasonably be expected to keep only the goods that are in conformity with the sales contract.