Asked by: Sarah Green (Liberal Democrat - Chesham and Amersham)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, what steps his Department is taking to strengthen consumers’ rights to enable consumers to bring private law actions against online marketplaces for toys purchased via their platforms.
Answered by Paul Scully
There is already robust legislation in place that protects consumers when purchasing goods and services online. The Consumer Rights Act 2015 sets out the rights consumers enjoy while shopping online and in store.
There are already routes of redress for harm suffered as a result of illegal and/or unsafe toys purchased via an online marketplace. For instance, where a defective product causes damage or injury, the producer or importer of the product is legally liable and may be required to pay damages under Part 1 of the Consumer Protection Act 1987.
Asked by: Sarah Green (Liberal Democrat - Chesham and Amersham)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, if he will bring forward legislative proposals to provide consumers with clearly defined routes of redress for harm suffered as a result of illegal and/or unsafe toys purchased via an online marketplace.
Answered by Paul Scully
All toys placed on the UK market, including those sold online, must meet essential safety requirements under the UK Toys (Safety) Regulations 2011 and there are criminal sanctions for non-compliance.
There are already routes of redress for harm suffered as a result of illegal and/or unsafe toys purchased via an online marketplace. For instance, where a defective product causes damage or injury, the producer or importer of the product is legally liable and may be required to pay damages under Part 1 of the Consumer Protection Act 1987.
The Consumer Rights Act 2015 (CRA) also provides rights and protections when a consumer buys goods or services. Under the CRA, goods sold by traders must be as described, of a satisfactory quality, and fit for a particular purpose if that purpose was made known to the trader by the consumer before the contract was made. If the goods do not meet these standards, the consumer is entitled to ask for a repair, replacement, or a full refund depending on the circumstance. The consumer can pursue a claim for breach of contract against the trader they bought the goods from in the courts.