Distance selling / sale of goods act perishable items - advice please

shaun_from_Africa

The Sale of goods act is still current legislation but only for business to business contracts.
The CRA is now the legislation that covers business to consumer contracts of sale.

powerful_Rogue

I could be wrong, however I *think* you might still be in luck.

Consumer Rights Act 2015

Part 33 states:

Subsection (7) makes clear that consumer contracts are subject to provisions in Part 2 on unfair terms. In addition to the provisions of the Act, some provisions of SGA will continue to apply to trader-to-consumer contracts if they are contracts of sale as defined by SGA (essentially sales of goods for money). The provisions of SGA which continue to cover such contracts are:

    Sections 1-10 (certain provisions regarding formation of the contract)
    Section 11 with the exception of subsection (4) (when condition to be treated as a warranty)
    Sections 16-19, 20A and 20B (certain provisions regarding transfer of property)
    Sections 21-28 (provisions regarding transfer of title, duties of seller and buyer and payment and delivery being concurrent conditions)
    Section 29 with the exception of subsection (3) (rules about delivery)
    Section 34 (buyer’s right of examining goods) – the consumer’s remedies, if the goods are found to breach the statutory requirements under the Consumer Rights Act 2015, are still as set out in the Consumer Rights Act 2015
    Section 37 (buyer’s liability for not taking delivery of goods)
    Part V (rights of unpaid seller against the goods)
    Sections 49-50 (seller’s remedies)
    Section 57 (auction sales)
    Sections 60-62 (rights enforceable by action; interpretation and savings)

As I understand that, the section you quoted "Duties of seller and buyer" is still in force.

2stixoftwixes

Bingo!    That's the bit I need -  I wasn't sure if the soga was totally obsolete - but I can see above that it isn't
Thank you for your input, I have been reading and not seeing

2stixoftwixes

Copied and paste

For business to consumer contracts this will mainly be replaced by the Consumer Rights Act 2015 but some provisions of SGA will still apply, for example, rules which are applicable to all contracts of sale of goods (as defined by that Act – essentially these are sales of goods for money), regarding matters such as when property in goods passes. The SGA will still apply to business to business contracts and to consumer to consumer contracts.

unholyangel

OP, the law is crystal clear on this. It is your responsibility to provide the consumer with certain information before they are bound by the contract and part of that information is that they will not benefit from the right to cancel and you need to provide that information before the consumer is bound by the contract. It is also for you to show you did comply with these requirements rather than for the consumer to prove you didn't 

Did you comply with your obligations under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013? 

bris

The sale of goods act is still binding on all sales but consumers get extra protection out with this act. Thats where the CCR's come in. 
That doesn't mean they have the right to order perishable goods and then leave them to rot, I would be letting them take their chances in court, which they wouldn't win.

neilmcl

...................

2stixoftwixes

unholyangel said:

OP, the law is crystal clear on this. It is your responsibility to provide the consumer with certain information before they are bound by the contract and part of that information is that they will not benefit from the right to cancel and you need to provide that information before the consumer is bound by the contract. It is also for you to show you did comply with these requirements rather than for the consumer to prove you didn't 

Did you comply with your obligations under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013? 

This is in my TOS

IMPORTANT

If you are not in when our couriers deliver they will leave a card for you to arrange re-delivery.

If you do not contact them, the goods will eventually be returned to us

Please note. Due to the nature of some of our goods are classed as perishable, these are not cancellable or returnable. Therefore if the goods are returned to us because no attempt has been made to collect the goods, the price of any perishable goods will be deducted from the refund

This is why I want to ensure that It's ok

DoaM

Were those terms presented to the consumer (in a durable means - email is OK; a link to website T&Cs is not) before the consumer became bound by the terms? (e.g. in an order confirmation email). If yes then you're in the clear - if no then the consumer may have a case. However I'd still suggest sticking to your guns and declining a refund for perishable goods - the consumer would then need to raise an MCOL action.

2stixoftwixes

A link to website TOS that they have ticked to say is fine whilst placing the order ...