An Act to amend the law relating to the rights of consumers and protection of their interests; to make provision about investigatory powers for enforcing the regulation of traders; to make provision about private actions in competition law and the Competition Appeal Tribunal; and for connected purposes.

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

PART 1

CONSUMER CONTRACTS FOR GOODS, DIGITAL CONTENT AND SERVICES

CHAPTER 1 INTRODUCTION

1 Where Part 1 applies

1. This Part applies where there is an agreement between a trader and a consumer for the trader to supply goods, digital content or services, if the agreement is a contract.
2. It applies whether the contract is written or oral or implied from the parties’ conduct, or more than one of these combined.
3. Any of Chapters 2, 3 and 4 may apply to a contract—
   • if it is a contract for the trader  to supply goods, see Chapter 2;
   
   
   • if it is a contract for the trader to supply a service, see Chapter 3 (also, subsection (6)).
4. If more than one Chapter applies to a contract, it is referred to as a mixed contract.
5. For provisions about particular mixed contracts, see—
   • section 15 (goods and installation);
   • section 16 (goods and digital content).
6. For other provisions applying to contracts to which this Part applies, see Part 2 (unfair terms).
7. In this Part, treating a contract as at an end means treating it as repudiated.
8. In this Act, words underlined with “dots” are defined terms and, when reading the Act on a screen, placing a cursor over the word will bring a screen tip to provide a definition of the term.

 CHAPTER 2 Goods

2 Contracts covered by this Chapter

1. This Chapter applies to every contract for a trader to supply goods to a consumer.
2. It applies only if the contract is one of these—
   • a sales contract;
   • a contract for the hire of goods;
   • a hire-purchase agreement;
   • a contract for transfer of goods.
3. It does not apply—
   • to a contract for a trader to supply coins or notes to a consumer for use as currency;
   • to a contract for goods to be sold by way of execution or otherwise by authority of law;
   • to a contract intended to operate as a mortgage, pledge, charge or other security;
   • in relation to England and Wales or Northern Ireland, to a contract made by deed and for which the only consideration is the presumed consideration imported by the deed;
   • in relation to Scotland, to a gratuitous contract.
4. Contracts to supply goods include—
   • contracts entered into between one part owner and another;
   • contracts for the transfer of an undivided share in goods.

What statutory rights are there under a goods contract?

3         Goods to be of satisfactory quality

1. Every contract to supply goods is to be treated as including a term that the quality of goods is satisfactory. That term does not cover anything which makes the quality of goods unsatisfactory—
   • which is specifically drawn to the consumer’s attention before the contract is made,
   • where the consumer examines the goods before the contract is made, which that examination ought to reveal, or
   • in the case of a contract to supply goods by sample, which would have been apparent on a reasonable examination of the sample.
2. The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of –
   • any description of the goods,
   • the price or other consideration for the goods (if relevant), and
   • all the other relevant circumstances.
3. The relevant circumstances include:
   • any public statement about the specific characteristics of the goods made by the trader, the producer or any representative of the trader or the producer, in particular, any public statement made in advertising or labelling.
4. But a public statement is not a relevant circumstance for the purposes if the trader shows that—
   • when the contract was made, the trader was not, and could not reasonably have been, aware of the statement,
   • before the contract was made, the statement had been publicly withdrawn or, to the extent that it contained anything which was incorrect or misleading, it had been publicly corrected, or
   • the consumer’s decision to contract for the goods could not have been influenced by the statement.

4         Goods to be fit for particular purpose

1.  If before the contract is made the consumer makes known to the trader (expressly or by implication) any particular purpose for which the consumer is contracting for the goods, this section applies to a contract to supply goods.
2. Every contract is to be treated as including a term that the goods are reasonably fit for that purpose, whether or not that is a purpose for which goods of that kind are usually supplied.
3. This section also applies to a contract if—
   • the goods were previously sold by a credit-broker to the trader,
   • in the case of a sales contract or contract for transfer of goods, the consideration or part of it is a sum payable by instalments, and
   • before the contract is made, the consumer makes known to the credit broker (expressly or by implication) any particular purpose for which the consumer is contracting for the goods.
4. This section does not apply if the circumstances show that the consumer does not rely, or it is unreasonable for the consumer to rely, on the skill or judgment of the trader or credit-broker.

5         Goods to be as described

1. Every contract is to be treated as including a term that the goods will match any description of it for form, fit or function given by the trader to the consumer, including descriptions from samples and models seen by the consumer, except to the extent that any differences between a sample or model and the goods are brought to the consumer’s attention before the contract is made, and the goods¹ will be free from any defect that makes their quality unsatisfactory and that would not be apparent on a reasonable examination of the sample or model.
2. Where the consumer examines a sample before the contract is made, it is not sufficient that the goods match (or is better than) the sample if the goods do not also match any description of it given by the trader to the consumer.
3. Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or 2 to the consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract.
4. A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

6        Other pre-contract information included in contract

1. This section applies to every contract.
2. Where regulation 9, 10 or 13 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) required the trader to provide information to the consumer before the contract became binding, any of that information that was provided by the trader other than information about the goods and mentioned in paragraph (a) of Schedule 1 or 2 to the Regulations (main characteristics of goods) is to be treated as included as a term of the contract.
3. A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

7         Installation of the goods

1. Every contract that requires installation of the goods by the trader or under the trader’s responsibility is to be treated as including a term that the goods will be installed correctly.

8 Goods that include digital content

1. Every contract where the goods includes digital content is to be treated as including a term that the digital content conforms to the contract to supply that content (for which see section TBA).

9 Trader to have right to supply the goods etc

1. Every contract, except one within subsection (4), is to be treated as including a term—
   • in the case of a contract for the hire of goods, that at the beginning of the period of hire the trader must have the right to transfer possession of the goods by way of hire for that period,
   • in any other case, that the trader must have the right to sell or transfer the goods at the time when ownership of the goods is to be transferred.
2. Every contract, except a contract for the hire of goods or a contract within subsection (4), is to be treated as including a term that—
   • the goods are free from any charge or encumbrance not disclosed or known to the consumer before entering into the contract,
   • the goods will remain free from any such charge or encumbrance until ownership of them is to be transferred, and
   • the consumer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known.
3. Every contract for the hire of goods is to be treated as including a term that the consumer will enjoy quiet possession of the goods for the period of the hire except so far as the possession may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance disclosed or known to the consumer before entering into the contract.
4. This subsection applies to a contract if the contract shows, or the circumstances when they enter into the contract imply, that the trader and the consumer intend the trader to transfer only—
   • whatever title the trader has, even if it is limited, or
   • whatever title a third person has, even if it is limited.
5. Every contract within subsection (4) is to be treated as including a term that all charges or encumbrances known to the trader and not known to the consumer were disclosed to the consumer before entering into the contract.
6. Every contract within subsection (4) is to be treated as including a term that the consumer’s quiet possession of the goods—
   • will not be disturbed by the trader, and
   • will not be disturbed by a person claiming through or under the trader, unless that person is claiming under a charge or encumbrance that was disclosed or known to the consumer before entering into the contract.
7. If subsection (4)(b) applies (transfer of title that a third person has), the contract is also to be treated as including a term that the consumer’s quiet possession of the goods—
   • will not be disturbed by the third person, and
   • will not be disturbed by a person claiming through or under the third person, unless the claim is under a charge or encumbrance that was disclosed or known to the consumer before entering into the contract.
8. In the case of a contract for the hire of goods, this section does not affect the right of the trader to repossess the goods where the contract provides or is to be treated as providing for this.

10 No other requirement to treat a term about quality or fitness as included

1. Except as provided by sections 3, 4 and 7, a contract is not to be treated as including any term about the quality of goods  or their fitness for any particular purpose, unless the term is expressly included in the contract.

11       Delivery of goods

1. This section applies to any sales contract.
2. Unless the trader and the consumer have agreed otherwise, every contract is to be treated as including a term that the trader must deliver the goods to the consumer.
3. Unless there is an agreed time or period, every contract is to be treated as including a term that the trader must deliver the goods—
   • without undue delay, and
   • in any event, not more than 30 days after the day on which the contract is entered into.
4. In this section—
   • an “agreed” time or period means a time or period agreed by the trader and the consumer for delivery of the goods;
   
   
   • if there is an obligation to deliver the goods at the time the contract is entered into, that time counts as the “agreed” time.

12 Passing of risk

1. Every sales contract is to be treated as including the following provisions as terms.
2. The goods remain at the trader’s risk until they come into the physical possession of—
   • the consumer, or
   • a person identified by the consumer to take possession of the goods.
3. Subsection (2) does not apply if the goods are delivered to a carrier who—
   • is commissioned by the consumer to deliver the goods, and
   • is not a carrier the trader named as an option for the consumer.
4. In that case the goods are at the consumer’s risk on and after delivery to the carrier.
5. Subsection (4) does not affect any liability of the carrier to the consumer in respect of the goods.

13       Goods under guarantee

1. This section applies where—
   • there is a contract, and
   
   
   • there is a guarantee in relation to the goods.
2. The guarantee takes effect, at the time the goods are delivered, as a contractual obligation owed by the guarantor under the conditions set out in the guarantee statement and in any associated advertising.
3. The guarantor must ensure that—
   • the guarantee sets out in plain and intelligible language the contents of the guarantee and the essential particulars for making claims under the guarantee,
   • the guarantee states that the consumer has statutory rights in relation to the goods and that those rights are not affected by the guarantee, and
   • where the goods are offered within the territory of the United Kingdom, the guarantee is written in English.
4. The contents of the guarantee to be set out in it include, in particular—
   • the name and address of the guarantor, and
   • the duration and territorial scope of the guarantee.
5. The guarantor and any other person who offers to supply to consumers the goods which are the subject of the guarantee must, on request by the consumer, make the guarantee available to the consumer within a reasonable time, in writing and in a form accessible to the consumer.
6. What is a reasonable time is a question of fact.
7. If a person fails to comply with a requirement of this section, the enforcement authority may apply to the court for an injunction or (in Scotland) an order of specific implement against that person requiring that person to comply.
8. On an application the court may grant an injunction or (in Scotland) an order of specific implement on such terms as it thinks appropriate.

14 Liability that cannot be excluded or restricted

1. A term of a contract is not binding on the consumer to the extent that it would exclude or restrict the trader’s liability arising under any of these provisions—
   1. section 3 (goods to be of satisfactory quality);
   2. section 4 (goods to be fit for particular purpose);
   3. section 5 (goods to be as described);
   4. section 7 (installation as part of the contract);
   5. section 8 (digital content to conform to contract);
   6. section 9 (trader to have right to supply the goods etc);
   7. section 10 (delivery of goods);
   8. section 11 (passing of risk);
   9. section 12 (Guarantee);
   10. section 13 (other pre-contract information included in contract).
2. That also means that a term of a contract is not binding on the consumer to the extent that it would—
   • exclude or restrict a right or remedy in respect of a liability under a provision listed in subsection (1),
   • make such a right or remedy or its enforcement subject to a restrictive or onerous condition,
   • allow a trader to put a person at a disadvantage as a result of pursuing such a right or remedy, or
   • exclude or restrict rules of evidence or procedure.
3. The reference in subsection (1) to excluding or restricting a liability also includes preventing an obligation or duty arising or limiting its extent.
4. An agreement in writing to submit present or future differences to arbitration is not to be regarded as excluding or restricting any liability for the purposes of this section.
5. Subsection (1)(i), and subsection (2) so far as it relates to liability under section 9, do not apply to a term of a contract for the hire of goods.
6. But an express term of a contract for the hire of goods is not binding on the consumer to the extent that it would exclude or restrict a term that section 7 requires to be treated as included in the contract, unless it is inconsistent with that term (and see also section TBA (requirement for terms to be fair)).
7. See Schedule 3 for provision about the enforcement of this section.

15      Contracts applying law of a country other than the UK

1. If—
   • the law of a country or territory other than the United Kingdom or any part of the United Kingdom is chosen by the parties to be applicable to a sales contract, but
   • the sales contract has a close connection with the United Kingdom, this Chapter, except the provisions in subsection (2), applies despite that choice.
2. The exceptions are—
   • (a) sections 5(3) and (4) and 6;
   • (b) sections 11 and 12;
   • (c) section 14(1) bullets (7), (8) and (10).
3. For cases where those provisions apply, or where the law applicable has not been chosen, see Regulation (EC) No. 593/ 2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations as that Regulation has effect as assimilated direct legislation (including that Regulation as applied by regulation 5 of the Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009 and regulation 4 of the Law Applicable to Contractual Obligations (Scotland) Regulations 2009), unless the case is one in respect of which Regulation (EC) No. 593/2008 has effect by virtue of Article 66 of the EU withdrawal agreement, in which case see that Regulation as it has effect by virtue of that Article.

What remedies are there if statutory rights under a contract are not met?

16       Consumer’s rights to enforce terms about goods

1. In this chapter references to goods conforming to a contract are references to—
   
   • the goods conforming to the terms described in sections 3, 4, 5, 6 and 7
   
   
   • the goods conforming to requirements that are stated in the contract.
2. But, for the purposes of this chapter, a failure to conform as mentioned in subsection (1) is not a failure to conform to the contract if it has its origin in materials supplied by the consumer.
3. If the goods do not conform to the contract because of a breach of any of the terms described in sections 3, 4 and 5, or if they do not conform to the contract under section 7, the consumer’s rights (and the provisions about them and when they are available) are –
   • the short-term right to reject (section 17);
   • the right to repair or replacement (section 18); and
   • the right to a price reduction or the final right to reject (subsection 12, section 19 and section 20).
4. If the goods do not conform to the contract under section 6 or because of a breach of requirements that are stated in the contract, the consumer’s rights (and the provisions about them and when they are available) are—
   • the right to repair or replacement (section 18); and
   • the right to a price reduction or the final right to reject (subsection 12, section 19 and section 20).
5. If the trader is in breach of a term that section 13 requires to be treated as included in the contract, the consumer has the right to recover from the trader the amount of any costs incurred by the consumer as a result of the breach, up to the amount of the price paid or the value of other consideration given for the goods.
6. If the trader is in breach of the term that section 8(1) (right to supply etc) requires to be treated as included in the contract, the consumer has a right to reject (this right to reject is not limited by sections  17 and 20).
7. Subsections (3) to (6) are subject to section 24 and subsections (3)(a) and (6) are subject to section 25.
8. Section 26 makes provision about remedies for breach of a term about the time for delivery of goods.
9. It is not open to the consumer to treat the contract as at an end for breach of a term that this Chapter requires to be treated as included in the contract, except as provided by subsections (3), (4) and (6).
10. For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.
11. Subsection (10) does not apply if—
    • it is established that the goods did conform to the contract on that day, or
    • its application is incompatible with the nature of the goods or with how they fail to conform to the contract.
12. A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—
    • after one  repair or one replacement, the goods do not conform to the contract;
    • because of section 18(3) the consumer can require neither  repair nor replacement of the goods; or
    • the consumer has required the trader to  repair or replace the goods, but the trader is in breach of the requirement of section 18(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.
13. There has been a  repair or replacement for the purposes of subsection (12)(a) if—
    • the consumer has requested or agreed to  repair or replacement of the goods (whether in relation to one fault or more than one), and
    • the trader has delivered goods to the consumer, or made goods available to the consumer, in response to the request or agreement.
14. For the purposes of subsection (13) goods that the trader arranges to  repair  at the consumer’s premises are made available when the trader indicates that the repairs are finished.

17 Short-term right to reject

1. A consumer who has the short-term right to reject loses it if the time limit for exercising it passes without the consumer exercising it, unless the trader and the consumer agree that it may be exercised later.
2. An agreement under which the short-term right to reject would be lost before the time limit passes is not binding on the consumer.
3. The time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after these have all happened—
   • ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract) possession of the goods has been transferred to the consumer,
   • the goods have been delivered, and
   • where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader has notified the consumer that the action has been taken.
4. If any of the goods are of a kind that can reasonably be expected to perish after a shorter period, the time limit for exercising the short-term right to reject in relation to those goods is the end of that shorter period (but without affecting the time limit in relation to goods that are not of that kind).
5. Subsections (3) and (4) do not prevent the consumer exercising the short-term right to reject before something mentioned in subsection (3) has happened.
6. If the consumer requests or agrees to the  repair or replacement of goods, the period mentioned in subsection (3) or (4) stops running for the length of the waiting period.
7. If goods supplied by the trader in response to that request or agreement do not conform to the contract, the time limit for exercising the short-term right to reject is then either—
   • 7 days after the waiting period ends, or
   • if later, the original time limit for exercising that right, extended by the waiting period.
8. The waiting period—
   • begins with the day the consumer requests or agrees to the  repair or replacement of the goods, and
   • ends with the day on which the consumer receives goods supplied by the trader in response to the request or agreement.
9. If the short term right to reject is to be exercised, the process to be followed is defined in section 21.

18 Right to repair or replacement

1. This section applies if the consumer has the right to  repair or replacement (see section 16 (3) and (4)).
2. If the consumer requires the trader to  repair or replace the goods, the trader must—
   • do so within a reasonable time and without significant inconvenience to the consumer, and
   • bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
3. The consumer cannot require the trader to  repair or replace the goods if that remedy (the repair or the replacement)—
   • is impossible, or
   • is disproportionate compared to the other of those remedies.
4. Either of those remedies is disproportionate compared to the other if it imposes costs on the trader which, compared to those imposed by the other, are unreasonable, taking into account—
   • the value which the goods would have if they conformed to the contract,
   • the significance of the lack of conformity, and
   • whether the other remedy could be effected without significant inconvenience to the consumer.
5. Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—
   • the nature of the goods, and
   • the purpose for which the goods were acquired.
6. A consumer who requires or agrees to the  repair of goods cannot require the trader to replace them, or exercise the short-term right to reject, without giving the trader a reasonable time to  repair them (unless giving the trader that time would cause significant inconvenience to the consumer).
7. A consumer who requires or agrees to the replacement of goods cannot require the trader to  repair them, or exercise the short-term right to reject, without giving the trader a reasonable time to replace them (unless giving the trader that time would cause significant inconvenience to the consumer).

19 Right to price reduction

1. The right to a price reduction is the right—
   • to require the trader to reduce by an appropriate amount the price the consumer is required to pay under the contract, or anything else the consumer is required to transfer under the contract, and
   • to receive a refund from the trader for anything already paid or otherwise transferred by the consumer above the reduced amount.
2. The amount of the reduction may, where appropriate, be the full amount of the price or whatever the consumer is required to transfer.
3. Section 22 applies to a consumer’s right to receive a refund under subsection (1)(b).
4. The right to a price reduction does not apply—
   • if what the consumer is (before the reduction) required to transfer under the contract, whether or not already transferred, cannot be divided up so as to enable the trader to receive or retain only the reduced amount, or
   • if anything to which section 22(2) applies cannot be given back in its original state.

20 Final right to reject

1. If the consumer exercises the final right to reject according to section 16, subsections (3), (4), or (6), any refund to the consumer may be reduced by a deduction for use, to take account of the use the consumer has had of the goods in the period since they were delivered, but this is subject to subsections (2) and (3).
2. No deduction may be made to take account of use in any period when the consumer had the goods only because the trader failed to collect them at an agreed time.
3. No deduction may be made if the final right to reject is exercised in the first 6 months (see subsection (4)), unless—
   • the goods consist of a motor vehicle, or
   • the goods are of a description specified by order made by the Secretary of State by statutory instrument.
4. In subsection (3) the first 6 months means 6 months beginning with the first day after these have all happened –
   • ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract) possession of the goods has been transferred to the consumer,
   • the goods have been delivered, and
   • where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader has notified the consumer that the action has been taken.
5. An order under subsection (3)(b)—
   • may be made only if the Secretary of State is satisfied that it is appropriate to do so because of significant detriment caused to traders as a result of the application of subsection (3) in relation to goods of the description specified by the order;
   • may contain transitional or transitory provision or savings.

21       Process for rejecting goods

1. The right to reject the goods and treat the contract as at an end is exercised if the consumer communicates clearly to the trader that the consumer is rejecting the goods and treating the contract as at an end.
2. From the time when the right is exercised—
   • the trader has a duty to give the consumer a refund, subject to section 22 (9), and
   • the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.
3. The trader must bear any reasonable costs of returning any rejected goods, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

22      Process for providing a consumer with a refund

1. To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.
2. To the extent that the consumer transferred anything else under the contract, the consumer is entitled to receive back the same amount of what the consumer transferred, unless subsection (3) applies.
3. To the extent that the consumer transferred under the contract something for which the same amount of the same thing cannot be substituted, the consumer is entitled to receive back in its original state whatever the consumer transferred.
4. If the contract is for the hire of goods, the entitlement to a refund extends only to anything paid or otherwise transferred for a period of hire that the consumer does not get because the contract is treated as at an end.
5. If the contract is a hire-purchase agreement or a conditional sales contract and the contract is treated as at an end before the whole of the price has been paid, the entitlement to a refund extends only to the part of the price paid.
6. A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.
7. If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the consumer used, unless the consumer expressly agrees otherwise.
8. The trader must not impose any fee on the consumer in respect of the refund.
9. There is no entitlement to receive a refund—

• if none of subsections (1) to (3) applies,
• to the extent that anything to which subsection (3) applies cannot be given back in its original state, or
• where subsection (4) applies, to the extent that anything the consumer transferred under the contract cannot be divided so as to give back only the amount, or part of the amount, to which the consumer is entitled.

23  Process for the partial rejection of goods

1. If the consumer has the right to reject goods, but does not reject all of the goods and treat the contract as at an end, the consumer—
   • may reject some or all of the goods that do not conform to the contract, but
   • may not reject any goods that do conform to the contract.
2. If the consumer is entitled to reject the goods in an instalment, but does not reject all of those goods, the consumer—
   • may reject some or all of the goods in the instalment that do not conform to the contract, but
   • may not reject any goods in the instalment that do conform to the contract.
3. If any of the goods form a commercial unit, the consumer cannot reject some of those goods without also rejecting the rest of them.
4. The consumer rejects goods under this section by communicating clearly to the trader that the consumer is rejecting the goods.
5. From the time when a consumer rejects goods under this section—
   • the trader has a duty to give the consumer a refund in respect of those goods (subject to subsection (10)), and
   • the consumer has a duty to make those goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.
6. Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning those goods in person to the place where the consumer took physical possession of them.
7. Section 22 applies to a consumer’s right to receive a refund under this section (and in section 22(1) and (2) references to the contract being treated as at an end are to be read as references to goods being rejected).
8. That right does not apply—
   • if none of section 22(1) to (3) applies,
   
   
   • to the extent that anything to which section 22(3) applies cannot be given back in its original state, or
   
   
   • to the extent that anything the consumer transferred under the contract cannot be divided so as to give back only the amount, or part of the amount, to which the consumer is entitled.

24 Delivery of wrong quantity

1. Where the trader delivers to the consumer a quantity of goods less than the trader contracted to supply, the consumer may reject them, but if the consumer accepts them the consumer must pay for them at the contract rate.
2. Where the trader delivers to the consumer a quantity of goods larger than the trader contracted to supply, the consumer may accept the goods included in the contract and reject the rest, or may reject all of the goods.
3. Where the trader delivers to the consumer a quantity of goods larger than the trader contracted to supply and the consumer accepts all of the goods delivered, the consumer must pay for them at the contract rate.
4. Where the consumer is entitled to reject goods under this section, any entitlement for the consumer to treat the contract as at an end depends on the terms of the contract and the circumstances of the case.
5. The consumer rejects goods under this section by communicating clearly to the trader that the consumer is rejecting the goods.
6. Subsections (1) to (3) do not prevent the consumer claiming damages, where it is open to the consumer to do so.
7. This section is subject to any usage of trade, special agreement, or course of dealing between the parties.

25 Instalment deliveries

1. Under a contract to supply goods, the consumer is not bound to accept delivery of the goods by instalments, unless that has been agreed between the consumer and the trader.
2. The following provisions apply if the contract provides for the goods to be delivered by stated instalments, which are to be separately paid for.
3. If the trader makes defective deliveries in respect of one or more instalments, the consumer, apart from any entitlement to claim damages, may be (but is not necessarily) entitled—
   • to exercise the short-term right to reject or the right to reject under section 16 (6) (as applicable) in respect of the whole contract, or
   • to reject the goods in an instalment.
4. Whether the first or second bullet under subsection (3) (or neither) applies to a consumer depends on the terms of the contract and the circumstances of the case.
5. In subsection (3), making defective deliveries does not include failing to make a delivery in accordance with section 26.
6. If the consumer neglects or refuses to take delivery of or pay for one or more instalments, the trader may—
   • be entitled to treat the whole contract as at an end, or
   • if it is a severable breach, have a claim for damages but not a right to treat the whole contract as at an end.
7. Whether the first or second bullet under subsection (6) (or neither) applies to a trader depends on the terms of the contract and the circumstances of the case.

26 Delivery of goods

1. Subsections (2) and (3) apply if the trader does not deliver the goods in accordance with section (10) or at the agreed time or within the agreed period.
2. The consumer may treat the contract as at an end if the circumstances are that—
   • the trader has refused to deliver the goods,
   • delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or
   • the consumer told the trader before the contract was entered into that delivery in accordance with subsection (3), or at the agreed time or within the agreed period, was essential.
3. In any other circumstances, the consumer may specify a period that is appropriate in the circumstances and require the trader to deliver the goods before the end of that period.
4. If the consumer specifies a period under subsection (3) but the goods are not delivered within that period, then the consumer may treat the contract as at an end.
5. If the consumer treats the contract as at an end under subsection (2) or (4), the trader must without undue delay reimburse all payments made under the contract.
6. If subsection (2) or (4) applies but the consumer does not treat the contract as at an end-
   • that does not prevent the consumer from cancelling the order for any of the goods or rejecting goods that have been delivered, and
   • the trader must without undue delay reimburse all payments made under the contract in respect of any goods for which the consumer cancels the order or which the consumer rejects.
7. If any of the goods form a commercial unit, the consumer cannot reject or cancel the order for some of those goods without also rejecting or cancelling the order for the rest of them.
8. This section does not prevent the consumer seeking other remedies where it is open to the consumer to do so.