Consumer Advice

Questions and Answers

What rights do I have if I buy faulty goods?

The goods must be:

Must be of 'satisfactory quality'. The goods must be free from defects except when they have been brought to your attention
Must be 'fit for their purpose'. The product must be able to do what it was sold to do. The product must also be able to do anything the seller says it will do
Must be 'as described' on the package or display sign. If you buy a food product with a label stating that it is 100% fat free, then that is what you should get

If the goods do not meet these standards you are entitled to reject them and get your money back, if the goods are returned within a 'reasonable' period (normally a few weeks). You do not have to accept a repair, a credit note or replacement (although you may want to consider this if you have had the goods for some time).

You also have the right to require the seller to repair or replace the goods within a reasonable time and without causing you significant inconvenience. If this would be impossible or disproportionate (for example, the cost of a repair would be more than you paid for the item), or the retailer does not repair or replace without inconvenience within a reasonable period you can require them to reduce the price of the goods by an appropriate amount or rescind the contract.

Some retailers may argue that any fault is a result of you damaging the goods in which case you would need to prove that this is not the case, perhaps by obtaining an independent expert opinion. Ultimately you might have to prove your case in court. If you had to pay for an expert opinion you can claim the cost of this as well as the refund.

What about services rather than goods?

When you purchase a service such as having a car repaired or employing a builder to carry out some work, you are legally entitled to certain minimum standards of service. The service should be carried out:

With reasonable care and skill
Within a reasonable time
For a reasonable price - providing the cost was not agreed beforehand

If these requirements are not met, you may be able to sue the trader for compensation. Alternatively, the person or organisation may be a member of a trade association or other professional body to whom you can complain; be regulated; or have a Code of Practice which they may have to abide by.

The shop wants to carry out a repair - What if they are still faulty?

You have the same rights as before you agreed to the repair - prior to having the repair carried out, let the shop know you are reserving the right to reject the goods if the repair is not carried out satisfactorily. You should give the vendor a reasonable opportunity to repair goods - especially if the fault is minor and the goods can be put into new condition.

Do I need a receipt to get a refund?

Basically, the answer is no but you will need another proof of purchase. This could be a bank statement indicating the purchase, credit card counterfoil or even a witness who saw you make the purchase. A receipt however is obviously the best proof of purchase you can get so look after it until you are sure that the goods are okay.

The goods I wanted were marked at a low price but the shop refused to sell them to me. Can they do this?

Yes. A shop is not required to sell you anything, or at any price on display. They are making what's called an 'invitation to treat', which can be withdrawn at any time.

However, price indications should not be misleading as it could be an offence under the Consumer Protection Act 1987. If you think you are being misled, you should report it to Trading Standards.

What if the shop tells me to 'get lost'?

If the shop ultimately refuses to refund your money and you feel you have a good case you must take action yourself. If the value you are claiming is less than £5,000, you can use the small claims procedure.

This procedure is designed to be as simple and inexpensive as possible. If the claim is over this amount, you can still take action to recover the total claim through the County Courts.

It would be advisable to seek advice first, either from the Citizens Advice Bureau or a Solicitor.

What if someone else buys me a gift and it's faulty?

Strictly speaking the contract for the sale of the goods is between the seller and the purchaser, not you. Your friend will have to take the gift back. Generally, most stores will deal with you if you have proof of purchase, out of goodwill.

Are there any times when I will not be entitled to my money back or to exchange the goods?

Yes:

If you have held onto the goods for a long period of time, you may be deemed to have 'accepted' them
If you were told about any faults before you bought the goods
If you did the damage yourself either by ignoring advice about using the goods or through lack of care
If there is nothing wrong with the goods and you have just changed your mind. (Some shops may agree to accept the return of the goods as a gesture of goodwill)

What if I buy goods in a sale?

If you buy goods in a sale your statutory rights still apply, however if the shop draws specific defects to your attention then you have no rights in relation to those defects. If there are any signs stating no refunds, this should be reported to Trading Standards.

Can I take secondhand goods back if they are faulty?

Yes, when you buy secondhand goods you have the same rights as when you buy new, however you must remember that you cannot expect the same quality or durability from secondhand goods, and this must be taken into account.

What rights do I have if I buy goods from a private individual?

Unfortunately, not many! The Sale of Goods legislation does not apply, although if goods do not meet the description given by the seller you may be able to take action for breach of contract. You should be aware of traders who pretend to be private sellers in order to avoid statutory liabilities, and if you suspect a private seller is really a trader then Trading Standards should be contacted.

Should I buy goods with a credit card?

Yes, if the goods cost between £100 and £30,000 then the credit card company is equally liable for any claim you have against the seller, which can be particularly useful if the trader has gone out of business. You should first attempt to solve any problems with the trader.

I have bought something on credit. Can I cancel it?

You can usually only cancel a credit agreement if it was made with the supplier in person (not over the telephone), and if the agreement was signed 'off trade premises', for example if it were signed at your home. The agreement will tell you whether you have a right to cancel and how much time you have in which to do it.

Can I get my money or deposit back if I change my mind?

No. Under the law a trader only has to refund your money if the goods are faulty or not as described. You have entered into a contract, and if you have just changed your mind and want your money back the shop is under no legal obligation to refund it to you.

As a matter of company policy and to retain customer goodwill many traders will let you exchange items or offer a credit note, but they are not obliged to.

Similarly, if you have left a deposit you are agreeing to a contract and unless it is stated on your receipt, or on a notice in the store, it is not refundable unless the store is unable to fulfil its part of the contract.

It's broken and the Guarantee has just expired. What are my rights?

When you purchased the goods you entered into a contract with the Retailer not the Manufacturer. This contract is governed by the Sale of Goods Act 1979 (as amended) which says that you are entitled to expect the goods to be of 'satisfactory quality'. This means they should not be faulty or unsafe, and be reasonably durable. The Act gives you rights for up to 6 years.

You can claim 'reasonable compensation' which is usually the cost of a repair (or the goods being repaired by the retailer).

However, the retailer may argue that any fault is a result of fair wear and tear in which case you would need to prove that it is not, perhaps by obtaining an independent expert opinion. Ultimately you might have to prove your case in court. If you had to pay for an expert opinion you can claim the cost of this as well as the refund.

I have received a gift but it's faulty. What are my rights?

Historically, as the contract for the sale of the goods is between the seller and the purchaser, only the purchaser could exercise Rights in respect of faulty goods. Most stores will deal with the receiver of a gift, if they have proof of purchase, out of goodwill.

A recent change in the law has said that third parties, clearly identified at the time of sale, will have Rights under the contract too.

Therefore if you purchase a gift you should let the seller know at the time of purchase, telling them the name of the receiver of the gift. If possible, get the fact you have advised them acknowledged in writing, perhaps by getting an appropriate note written on the receipt.

The goods I ordered are late arriving. What can I do?

Traders are only required to deliver goods within a 'reasonable' time so it would be necessary to take the matter to court to decide whether the time that has elapsed is unreasonable. If it is the contract to purchase can be cancelled.

If you feel an unreasonable time has passed you should 'make time of the essence' by writing to the company, quoting a fixed date by which time delivery should take place. If this period elapses you would then be entitled to cancel the contract provided you yourself have set a reasonable time limit (for example, don't write and demand delivery the next day!).

You can of course avoid the latter stage by making 'time of the essence' when you originally make the purchase.

How can I find out about complaints about a service or goods supplied by a private company?

You have basic legal rights when you buy goods or services. The acts of parliament that cover your rights when you are buying goods or a service are the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982.

How can you help me?

We may be able to give you free advice on how to complain. We can also investigate false or misleading descriptions or prices.

What does the service do?

We enforce a wide range of legislation to protect consumers and honest traders
We enforce laws covering the quality, quantity, safety, price, description of good and services e.g. short measure beer, unsafe toys, falsely described holidays and 'clocked' cars
We enforce laws to prevent children buying cigarettes and fireworks
We investigate complaints from the public about traders
We advise consumers and traders about their right and obligations e.g. refunds for faulty goods
We visit trade premises and projects to make sure they keep to the law
Where appropriate, we warn or prosecute traders
We also administer street trading and markets. We give a range of licences including entertainment, night cafés and fireworks. We deal with food premises, health and safety and infectious diseases

How can I help you?

When you contact us, have all your paperwork with you, which is relevant to the issue you are enquiring about
Keep all original documents and items in a safe place in case they are need in future
If you write to us, please give us your daytime telephone number, if you have one
If you reply to our letters, please use our reference number
Please let us know about any developments in your case

How can you contact us?

By using the contact details shown.

Who else can help me?

If the company is a member of a trade association, they are likely to set service standards. You should contact them - they may run a mediation service.

You may also contact your local Citizens Advice Bureau. They can help you on shopping problems. They can also advise you about how to take court action.