Consumer advice
When you buy goods from any business you have certain civil
rights. Consumer Direct now give first advice to consumers on
our behalf . If you need further advice we will be
notified and will contact you.
Consumer Direct
- 08454 040 506
If you wish to email your complaint, please use the link on the
right.
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've 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 is 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
mislead, 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 link to external website 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 it's part of the contract.
It is 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 and so on. The Act gives you rights for up to six
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 for example, 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 cafes 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
- Please let us know about any developments in your case
How can you contact us?
By using the contact details at the top of this page.
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.