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Every year millions of consumers return faulty goods to the shop or supplier, but the law is complex. There are two legal regimes: (1) Under traditional UK law, consumers are entitled to reject the goods and receive a full refund (鈥榯he right to reject鈥�), provided they act within 鈥榓 reasonable time鈥�. (2) This has been supplemented by the European 1999 Consumer Sales Directive, which states that consumers are entitled to a repair or replacement. If the retailer is unable to repair or replace the goods in a reasonable time or without significant inconvenience, the consumer may then ask for a refund (鈥榬escission鈥�) or a reduction in price. There has been little attempt to integrate these two regimes. Consumers may use either, leading to confusion and complexity. The European Commission鈥檚 proposal for a new directive on consumer rights would reform the law in this area and remove the right to reject. The Commissions recommend that the right to reject should be kept as a short-term remedy of first instance. It is a simple remedy which inspirers consumer confidence. Consumers should normally exercise the right to reject within 30 days, and should be entitled to ask for a refund or price reduction after one failed repair or one failed replacement; or where the goods have proved dangerous. Other recommendations cover: right to reject for minor defects; rescission and the 鈥榙eduction for use鈥�; proposed two-year cut-off; better integration of the two regimes.

Related publications and all Law Commission reports, consultation papers and announcements are available on the website.

This Command Paper was laid before Parliament by a Government Minister by Command of Her Majesty. Command Papers are considered by the Government to be of interest to Parliament but are not required to be presented by legislation.