This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
A comprehensive guide to how breach of contract affects online purchases in England and Wales, covering statutory rights under the Consumer Rights Act 2015, remedies for faulty or misdescribed goods, services and digital content, time limits and practical steps to enforce your rights.
When you buy something online from a trader in England and Wales - whether it's goods, digital content or services - you enter into a legally binding contract. This contract sets out what the seller must deliver and what you are entitled to expect. If the seller fails to meet these obligations, this can amount to a breach of contract, which gives you statutory rights and legal remedies under UK law. Understanding what constitutes a breach, how it affects your rights, and what actions you can take is essential when an online purchase goes wrong.
This article explains these issues step by step, including rights under the Consumer Rights Act 2015 and other relevant legal principles, how breaches affect remedies, time limits, and practical steps you can take.
What Is a Contract in an Online Purchase?
A contract arises when you make an offer to buy something online, and the seller accepts that offer. In consumer sales, this is usually formed at the point when the seller offers confirmation of your order and agrees to supply the goods or services. Online contracts often include terms and conditions, but consumer law also implies certain terms into the contract automatically.
Under the Consumer Rights Act 2015, when you buy goods, services or digital content from a trader, the contract must meet certain statutory standards. These legal standards are implied terms that cannot be excluded by the seller's terms or policies.
Consumer Rights and Implied Terms
The law requires the following key standards in every consumer contract for online purchases:
Satisfactory Quality
Goods must be of a quality that a reasonable person would expect, taking into account the price, description and all relevant circumstances. This includes being free from defects and durable enough for reasonable use.
Fit for Purpose
If you tell the trader that you need the goods or services for a particular purpose, and they agree they are suitable, then the goods must be fit for that purpose. Failure to meet this standard is a breach of contract.
As Described
Goods must match the description given online or in promotional material. If the goods delivered differ from that description, the trader is in breach of contract.
Services Carried Out with Reasonable Care and Skill
For services (such as repairs, installations or digital subscriptions), the trader must perform them with reasonable care and skill, within a reasonable time, and at a reasonable charge. Otherwise, this is a breach.
Digital Content Must Conform to Contract
Digital content (for example, software, e‑books, music or apps) must be of satisfactory quality, fit for purpose and as described. If it fails to meet these standards, this constitutes a breach of contract.
These statutory standards mean that even if the seller's own terms attempt to limit liability, you still have rights under consumer law. Any clause attempting to exclude these statutory rights is likely to be void or unenforceable.
What Constitutes a Breach of Contract?
A breach of contract occurs when the seller fails to fulfil one or more of the contractual obligations described above. This can include:
- Delivering goods that are faulty or defective.
- Supplying items that are not what was advertised, described or ordered.
- Failing to deliver goods at all within a reasonable time.
- Providing a service that falls below the standard a reasonable person would expect or does not meet the terms agreed.
When such failures occur, the trader is legally in breach of contract and you may be entitled to remedies.
How Breach of Contract Affects Your Rights
Statutory Remedies Under Consumer Law
Under the Consumer Rights Act 2015 you have a range of remedies when a breach of contract arises:
Short‑Term Right to Reject
If the goods are faulty or do not conform to contract at the time of delivery, you have a statutory right to reject them within a short period (typically 30 days) and claim a refund.
Right to Repair or Replacement
If goods are defective after 30 days but within a reasonable time from delivery, you must allow the trader an opportunity to repair or replace them.
Price Reduction or Final Right to Reject
If repair or replacement is unsuccessful, you may be entitled to a price reduction or ultimately to reject the goods and claim a refund.
For services, if they are not performed with reasonable care and skill, the trader must carry out repeat performance where possible or offer a price reduction.
For digital content, you have similar rights to repair, replacement or a price reduction where the content fails to meet the contract standards.
These statutory remedies operate in addition to any contractual remedies and are designed to ensure traders fulfil their obligations.
Consideration of Time Limits
Even where a breach occurs, time limits affect how long you have to enforce your rights:
- For statutory remedies like refunds and replacements, earlier action is usually more favourable but rights do not disappear quickly.
- For formal legal claims (such as in the County Court), breach of contract claims generally must be brought within six years from the date of the breach. This period applies to online purchases in England and Wales.
Understanding and acting within these time limits is vital. Failing to do so may prevent you from enforcing your rights.
Practical Scenarios Where Breach of Contract Arises
Goods Not as Described
If you order a leather jacket but receive a synthetic one that was not described as such, the goods do not meet the implied term that they match the description, and the trader has breached the contract.
Faulty or Defective Goods
If an electronic item stops working soon after delivery due to a manufacturing fault, the product is not of satisfactory quality and the trader has breached the contract.
Late or Non‑Delivery
Where goods are not delivered within a reasonable time, and no alternative time was agreed, this failure is a breach of contract, and you may cancel and claim a refund under the Consumer Contracts Regulations.
Services Not Performed Properly
If a subscription service repeatedly fails to provide access to content you have paid for, and the service provider cannot rectify this, the failure may be a breach of contract entitling you to a proportionate refund.
What You Can Do After a Breach
Contact the Trader
Raise the problem promptly in writing, stating clearly that you consider there to be a breach of contract under the Consumer Rights Act 2015 and specify the remedy you seek (refund, repair, replacement, price reduction).
Use Alternative Dispute Resolution
If the trader refuses to rectify the breach, consider alternative dispute resolution (ADR) or a complaint to an ombudsman service where available.
Start a Court Claim
If informal steps fail, you can start a claim in the Small Claims Track of the County Court to enforce your rights and seek compensation. Small claims are intended to be accessible without legal representation.
Key Takeaways
A breach of contract in the context of online purchases in England and Wales occurs when a trader fails to deliver goods, services or digital content that meets statutory and contractual standards. The Consumer Rights Act 2015 implies key terms into every consumer contract and gives you remedies including refunds, repairs, replacements or price reductions. Time limits apply both to statutory remedies and to court claims, so act promptly to enforce your rights. Understanding how breach affects your legal position helps you decide whether to seek informal resolution, ADR or formal court action.
