Trader Liability for Faulty Online Goods

When you buy products online from a business in England and Wales, the law places clear responsibilities on the trader - the seller - to ensure that goods meet basic legal standards. These responsibilities arise under the Consumer Rights Act 2015, which governs contracts for goods, services and digital content supplied to consumers. If goods are faulty, not as described, or fail to do what they were advertised to do, the trader is legally liable to provide remedies such as refunds, repairs or replacements. Understanding your rights and how to enforce them is important whether you are a consumer, a solicitor, or advising someone on making a claim. This article explains trader liability for faulty online goods in a clear, step‑by‑step manner, including the legal basis, common scenarios, time limits, remedies, and dispute resolution options.

1. What Does It Mean for Goods to Be “Faulty”?

Under UK consumer law, goods supplied by an online trader must be:

• Of satisfactory quality – free from defects when you receive them and meeting reasonable standards based on price and description.
• Fit for purpose – suitable for the purposes that the seller described or that you made known to the trader before purchase.
• As described – matching the description, sample or advertising seen before you bought them.

Goods fail to meet these standards when, for example, they are damaged on arrival, malfunction shortly after delivery, are clearly not made of the materials advertised, or do not perform the functions promised on the online product page.

2. Legal Framework: Consumer Rights Act 2015

2.1 Trader Obligations

The Consumer Rights Act 2015 (CRA 2015) is the principal UK statute setting out consumer protections for goods bought online. It applies to business‑to‑consumer contracts and replaces earlier laws such as the Sale of Goods Act 1979 for sales made after 1 October 2015.

Under the CRA 2015, if goods supplied by a trader do not conform to the contract (by failing one or more of the standards above), the trader is in breach of the contract. This breach triggers specific legal remedies for the consumer.

2.2 Burden of Proof

Within the first six months of delivery, if goods develop a fault, it is assumed that the fault was present at the time of delivery unless the trader can prove otherwise. After six months, the consumer may need to show the fault existed at delivery.

3. Remedies Available for Faulty Goods

When an online purchase is faulty because the trader failed to supply compliant goods, the CRA 2015 provides a tiered system of remedies.

3.1 Short‑Term Right to Reject and Refund (Up to 30 Days)

If you discover the goods are faulty within 30 days of delivery, you generally have the right to reject them and receive a full refund. The trader must provide this refund without undue delay.

3.2 Repair or Replacement

If more than 30 days have passed but the fault is reported within six months, the trader must offer a repair or replacement free of charge and within a reasonable time. The choice between repair and replacement is usually at the trader's discretion unless one option would cause significant inconvenience.

If the remedy provided (repair or replacement) fails to fix the problem, you retain the right to pursue a refund or price reduction as discussed next.

3.3 Price Reduction or Final Right to Reject

If a repair or replacement attempt fails, or if it is not practical or disproportionately expensive compared with the value of the goods, you can ask for:

• A price reduction, or
• A final right to reject, resulting in a refund.

The CRA 2015 also recognises that deductions may be made for use if you reject goods after enjoying some of their benefit, although this is carefully regulated so you are not unfairly penalised.

4. Practical Scenarios of Trader Liability

4.1 Goods Damaged on Arrival

If an item arrives clearly damaged or defective (e.g. a cracked smartphone screen), it does not meet the requirement of satisfactory quality. You can immediately ask the trader for a refund, repair or replacement. If you choose a refund within 30 days, the trader must comply.

4.2 Fault That Emerges Soon After Delivery

Suppose a gadget works initially but develops an electrical fault within a few weeks. Under the CRA 2015 you can request a repair or replacement. If these remedies fail or are impractical, you can seek a refund or price reduction.

4.3 Goods Not Performing as Advertised

If a product does not perform the functions described online (for example a vacuum that fails to remove pet hair as claimed), the trader has breached the implied term that goods are fit for purpose. You can pursue the same tiered remedies.

5. Delivery and Trader Responsibility Until Receipt

Even though couriers physically deliver online orders, the trader remains responsible for the goods until you receive them. If goods are lost in transit or damaged before delivery, the trader is still liable to provide remedies under consumer law.

6. Time Limits and Proof Issues

6.1 Six‑Month Burden of Proof

As noted, within six months of delivery, faults are presumed to have existed at the time of delivery unless the trader can prove otherwise. After six months, liability can still exist, but you may need to demonstrate the fault's origin.

6.2 Claims Beyond Six Months

Even after six months, you may have rights if you can show that the goods were inherently faulty at delivery or did not meet a reasonable lifespan based on their description and price. In some cases, this can involve expert reports or technical evidence.

7. What If the Trader Refuses to Comply?

If a trader refuses to honour your rights:

• Start by writing to the trader clearly outlining the legal basis of your claim under the Consumer Rights Act 2015.
• Retain copies of all communications, receipts and evidence of faults.
• If the trader still refuses, consider Alternative Dispute Resolution (ADR) or pursuing a claim in the small claims court.
• If you paid by credit card, you may also have rights under Section 75 of the Consumer Credit Act 1974 for sums between £100 and £30,000, allowing you to claim against the card issuer if the seller fails to provide remedies.

8. Common Questions About Trader Liability

Can a Trader Exclude Liability for Faulty Goods?

No. The CRA 2015 contains provisions making it unlawful for traders to exclude or limit certain statutory rights and remedies through unfair terms. Any attempt to contract out of these protections could be deemed unfair and unenforceable.

Does Liability Apply to Digital Content?

Yes. The Consumer Rights Act covers digital content supplied online (such as software or digital media). If it is faulty, not as described, or unfit for purpose, you are entitled to the same tiered remedies as for physical goods.

What About Second‑Hand Goods?

If you buy second‑hand goods from a trader, the same standards apply, although what counts as “satisfactory quality” may reasonably reflect the age and price of the item.

Conclusion

Under UK law, traders are clearly liable for faulty online goods. The Consumer Rights Act 2015 sets statutory standards for quality, fitness for purpose and description, and it provides a structured system of remedies including refunds, repair and replacement. Traders remain responsible for goods until delivery, cannot exclude core statutory protections through unfair terms, and must honour consumer claims within established time limits. If a trader refuses to meet these obligations, consumers can pursue dispute resolution or legal claims in court or tribunal. Knowing these rights equips you to enforce them effectively and seek appropriate redress when online purchases fail to meet legal standards.