This section deals with buying goods, rather
than services, and what do do if things go wrong:
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the law
When you are buying goods, the law states that they must meet
certain criteria. They must be: |
- of satisfactory quality
- they must meet the standard that a reasonable person would
regard as acceptable bearing in mind the way they were described,
what they cost and any other relevant circumstances. This
covers, for instance, the appearance and finish of the goods,
their safety, and their durability. Goods must be free from
defects, even minor ones, except when they have been brought
to your attention by the seller for example, if the goods
are said to be shop-soiled.
- fit for their
purposes - including any particular purpose mentioned
by you to the seller - for example, if you are buying a
computer game and you explain that you want one which can
be played on a particular type of machine, the seller must
not give you one that cannot;
- as described - on
the package or a display sign, or by the seller. If you
are told that a shirt is 100% cotton, then it should not
turn out to be cotton and polyester.
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These are your statutory rights.
All goods bought or hired from a trader - whether from shops,
street markets, mail order catalogues or door-to-door sellers
- are covered by these rights. This includes goods bought in
sales.
When you decide to complain, bear in mind how the item was described.
A new item must look new and unspoiled as well as work properly,
but if the goods are secondhand, or seconds, then you cannot
expect perfect quality.
Many traders have goodwill policies which go beyond your statutory
rights. For example, some stores will allow you to exchange
goods which are not faulty, such as clothes which are the wrong
size. |
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if things go wrong
If there is something wrong with what you buy, tell the seller
as soon as possible. If you are unable to return to the shop
within a few days of making the purchase, it is a good idea
to telephone to let it know about your complaint. Make a note
of the conversation and to whom you spoke.
Changes to the Sale of Goods Act came into force at the end
of March 2003 allowing customers greater power when returning
faulty goods.
On 31 March 2003 the Sale and Supply of Goods to Consumer Regulations
2002 updated the existing Sale of Goods Act. One of
the implications of the new regulations is that consumers can
now seek repair, replacement, partial or full refund on any
goods that were faulty or defective at the time of purchase.
More importantly consumers no longer have to prove that the
goods were faulty when purchased. Instead the retailer will
have to prove that they were not. These provisions do not apply
to the fair wear and tear or misuse of goods, and after 6 months
following the date of purchase the onus returns to the consumer
to prove that the items were defective at the time of purchase. |
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common excuses
Do not be put off by traders trying to talk their way out
of their responsibilities.
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- The law says it is up to the seller to deal
with complaints about defective goods or other failures
to comply with your statutory rights. So do not accept the
excuse that "it's the manufacturer's fault". But
you may have additional rights against the manufacturer
under a guarantee.
- You have the same rights when you buy sale
goods as at any other time; the seller cannot get away with
notices saying there are no refunds on sale goods. Think
twice before you buy from a trader who displays a notice
like this. It is against the law, and local authorities
can prosecute the trader. Use this link for more information
on exclusion clauses.
- You have the same rights even if you lose
your receipt. A receipt, however, is useful evidence of
where and when you bought the goods.
- You may be able to claim compensation
if you suffer loss because of faulty goods; for example,
if a faulty iron ruins your clothes.
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presents
If you received the faulty goods as a present, you may have
to ask the person who bought them to complain for you, or
to authorise you in writing to complain on his or her behalf.
Only the buyer has the statutory rights described earlier.
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returning faulty goods
You are not legally obliged to return faulty goods to the seller
at your own expense. If an item is bulky and would be difficult
or expensive to return to the shop, ask the seller to collect
it. But this does not apply where you complain about faults
after having accepted the goods, or if you got the goods as
a present. |
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when you have no grounds for complaint
You have no real grounds for complaint if you:
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- were told about the fault
- examined the item when you bought it and
should have seen the fault
- did the damage yourself
- made a mistake when purchasing the item
- simply changed your mind about the
item
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Under these circumstances you are not entitled
to anything, but many shops will help out of goodwill. It is
always worth asking.
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