Consumer Law

It is essential that your commercial agreements comply with consumer law. At the same time, you need to ensure that your interests are properly protected; which can be a fine balancing act.

The sale of goods and services to consumers is subject to a wide range of legislation and regulation covering areas including:

  • Terms implied in to all contracts for supply of goods and/or services to consumers, including the requirement that goods are of satisfactory quality.
  • Terms and conditions which are considered to be unfair (and therefore unlawful) for use in transactions with consumers.
  • Misleading advertising rules and regulations.
  • Unfair commercial practices including misleading consumers either through what is said prior to sale, or equally what is not said.
  • Product safety, including post sale safety monitoring and reporting obligations.
  • The requirements that must be met by any voluntary manufacturer’s warranty offered by a product manufacturer.
  • The relationship between voluntary manufacturer warranties and consumer law.
  • Distance selling regulations, including the ‘cooling off’ period generally afforded to consumers that purchase goods via a website or call centre.

 

Our Experience
  • Advising a well-known hotel brand on their terms and conditions with consumers and on covid related impacts to the contracts
  • Advising an international brand on a range of consumer facing contracts including supply of goods agreements, software licence agreements, product warranties and returns policies
  • Managing the international expansion of an international brand in relation to its consumer agreements
  • Advising an automotive broker on its terms and conditions of sale

 

Consumer Law FAQs

What are examples of consumer rights?

Consumers have a statutory cooling off period of 14 days during which they are able to cancel the contract, but note this doesn’t apply to all consumer contracts. The law also prescribes certain rights in respect of faulty goods or services not supplied properly. These are varied and depend on what is being provided and what the issue is. They also have the right to receive certain information from the trader prior to entering into the contract.

Can I contract out of the consumer protection laws?

For many of the consumer protection laws, you are unable to contract out of them, and any provision which purports to do so would be considered unenforceable. It is also important to consider that some actions when dealing with consumers can be considered unfair practices which can attract criminal liability.

In addition, many clauses in consumer contracts are subject to the test of fairness and will be considered unenforceable if it fails to meet the required tests.

Is there a Consumer Protection Code my business can implement?

Unfortunately, there is no single ‘consumer protection code’, making consumer law compliance a real challenge for businesses. Our experts are on hand to provide commercial, pragmatic advice.

Quick links

Sign up

Enter your email address for legal updates on Corporate and Commercial law.

Please see our privacy policy regarding use of your data.


Contact us

Request a video call, phone call or a meeting in person with one of our team...



    The reCAPTCHA verification period has expired. Please reload the page.

    Mark quickly got to grips with our complex and extensive business division. What impressed me most was Mark’s innovative and commercial solutions and his ability to see the bigger picture.

    - Robert Diggin, Director of AppleCare (EMEIA)

    Mark Chapman is extremely commercial and approachable. His previous in-house experience is clear and a real asset to his in-house clients. Cesare McArdle is a pleasure to deal with and detailed in his approach, but commercial and practical at the same time

    - Legal 500, 2022

    Consumer Law Team

    • All departments
    • Agricultural Law
    • Brexit
    • Careers
    • Co Co - Employee Share Schemes
    • Co Co - Recovery & Insolvency
    • Co Co - Restructuring
    • Co Co Corporate Governance
    • Co Co Corporate lending
    • Co Co Financial Services
    • Co Co Franchising
    • Co Co GDPR
    • Co Co in-house legal support
    • Co Co International Contracts
    • Co Co M&A's
    • Co Co MBOs & MBIs
    • Co Co Partnership and LLPs
    • Co Co Regulatory, Compliance & Competition
    • Co Co Shareholders Agreements
    • Co Co Terms and Conditions
    • Co Co- Intellectual Property
    • CoCo - Banking and Finance
    • CoCo - New Businsess
    • CoCo Competition Law
    • CoCo Consumer Law
    • CoCo Data Protection - Marketing
    • CoCo Data, IT & Technology
    • Commercial Law
    • Commercial Property
    • Construction
    • Corporate & Commercial
    • Corporate Law
    • Debt Recovery
    • Dispute Resolution
    • Disputes - Business
    • Disputes - Declarations of trust
    • Disputes - Probate and inheritance
    • Disputes - Professional negligence
    • Disputes - Restrictive Covenants
    • Disputes - Shareholders & Partnership
    • Disputes - Tenants in Residential Property
    • Disputes - Wills, trusts & probate disputes
    • Disputes and Small Claims
    • Disputes Construction
    • Disputes with Co-owners
    • Divorce
    • Employee - Termination
    • Employer - Termination
    • Employment
    • Employment - Business protection
    • Employment - Collective consultations
    • Employment - Contracts, services, consultancy
    • Employment - Employee benefits
    • Employment - Employee Procedures
    • Employment - Equality, discrimination and harassment
    • Employment - Family Friendly Rights
    • Employment - GDPR and Data Protection
    • Employment - Post employment obligations
    • Employment - Redundancy & Reorganisation
    • Employment - Settlement Agreements
    • Employment - Tribunal Claims
    • Employment - TUPE
    • Employment - Wages, holiday and sick pay
    • Employment - Workers rights
    • Employment Tribunal claims
    • Estate Administration
    • Expat Legal Services
    • Family Law
    • Financial Services
    • GDPR
    • Help to Buy
    • Immigration law
    • International Legal Services
    • Key Property Contacts
    • Land and Property Disputes
    • Land, development and construction
    • Lasting Powers of Attorney
    • Leasehold
    • Licensing Law
    • Money, Tax and Inheritance
    • New Build Conveyancing
    • Private Wealth and Inheritance
    • Professional Negligence
    • Property Finance
    • Property Law
    • Residential Property
    • Residential Property - Completions
    • Residential Property - Shared Ownership
    • Trainee Solicitor
    • Wills, Trusts & Probate

    Latest news & insights

    Award winning legal advice

    Herrington Carmichael offers legal advice to UK and International businesses as well as individuals and families. Rated as a ‘Leading Firm 2023’ by the legal directory Legal 500 and listed in The Times ‘Best Law Firms 2023’. Herrington Carmichael has offices in London, Farnborough, Reading, and Ascot.

    +44 (0)1276 686 222

    Email: info@herrington-carmichael.com

    Farnborough
    Brennan House, Farnborough Aerospace Centre Business Park, Farnborough, GU14 6XR

    Reading (Appointment only)
    The Abbey, Abbey Gardens, Abbey Street, Reading RG1 3BA

    Ascot (Appointment only)
    102, Berkshire House, 39-51 High Street, Ascot, Berkshire SL5 7HY

    London (Appointment only)
    60 St Martins Lane, Covent Garden, London WC2N 4JS

    Privacy Policy   |   Legal Notices, T&Cs, Complaints Resolution   |   Cookies  |   Client Feedback   |  Diversity Data

     

     

    Our Services

    Corporate Lawyers
    Commercial Lawyers
    Commercial Property Lawyers
    Conveyancing Solicitors
    Dispute Resolution Lawyers
    Divorce & Family Lawyers
    Employment Lawyers
    Immigration Law Services
    Private Wealth & Inheritance Lawyers
    Startups & New Business Lawyers

    Pay Online >

    Please be aware that we have no plans to change our bank details. If you receive any indication that any of our bank details have changed please contact us before sending us any funds. We take no responsibility for monies you transfer into the wrong bank account.

    © 2023 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.

    Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority with registration number 446245.