Your rights as a consumer
When you buy goods from a trader, such as a shop, market stall, garage, etc, you enter into a contract that is controlled by the Sale of Goods Act 1979 (amended by the Sale & Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002).
The law gives you certain implied, or automatic, statutory rights, under this contract.
Consumers have a right to goods that are:
Of a Satisfactory Quality, i.e. generally free from fault or defect, of a reasonable appearance and finish and safe and durable.
Fit for the purpose - goods should be fit for any specific or particular purpose made known at the time of the agreement.
As described - goods should correspond with any description applied to them.
What are you entitled to?
When you buy something which is faulty at the time of sale, you are entitled to:
repair or replacement. The trader is entitled to refuse either of these if it can be shown that the cost of doing so would be excessive in comparison with the alternative. Whatever remedy you agree, it should not result in undue inconvenience to you the customer.
If repair or replacement is not practical, you have the option to request full or partial refund, depending on what is reasonable.
Normally, it is your responsibility, to prove that the goods were faulty at time of sale. However, in the first six months from the date of purchase, when you return goods to request a repair or replacement, (or following that, a refund) you do not have to prove that the goods were faulty at the time of sale. There is an assumption that the goods were faulty unless it cane be proved otherwise by the trader. If you choose to ask for a refund rather than a repair or replacement, the onus remains on you to prove that the goods were faulty at the time of sale.
You can make a claim up to six years from the date of sale. This does not mean that the goods should last for six years, but is just the absolute limit for making a claim.
If you are unable to resolve the situation directly with the trader, it may be necessary to resolve the matter via the courts. If you intend to pursue the matter through the Courts, you may have to enlist the services of an independent expert to examine the goods or service and compile a report. The cost of this may be awarded to you by the Court.
The maximum claim that can be heard by the Small Claims Court is £5,000.
Instances in which you have no grounds for complaint
You don't have any real grounds for complaint if you:
- 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 buying the item
- simply changed your mind
but many shops will help out of goodwill if you have proof of purchase
Some other problem areas when buying goods
Private sales
When you buy goods from a private individual, you don't have the same rights as when buying from a trader. All the goods are required to be is 'as described'. The legal principle of caveat emptor or "buyer beware" operates.
Second hand goods
You have full rights under the Sale of Goods Act when you buy second hand goods, although the law does say that you must consider the price paid, and if necessary be prepared to lower your expectations about their performance.
Sale goods
Again, you have full rights under the Sale of Goods Act. However, if the goods were reduced in price because of a fault that was either brought to your attention at the time, or should have been obvious to you on examination, then you would not be able to have your money back later for that particular fault- so, check sale goods carefully before you buy.
Buying services
When work is carried out by a trader, the law says that you can expect it to be done:
- with reasonable care and skill (the standards of skill is that of an 'average practitioner in that field', unless otherwise agreed).
- in a reasonable time (if there is no specific time agreed).
- or a reasonable charge (if no fixed price was set in advance).
Any goods or parts fitted as part of the contract must be of :
- satisfactory quality
- fit for their purpose
- as described
When you find that work carried out is not satisfactory, does not conform to the contract, costs more than was agreed or takes too long, you may be able to claim compensation.
Shopping from Home
When shopping from home you additionally have the right to:
- clear information before placing an order
- written information about a purchase
- a '7 day cooling off' period during which an order can be cancelled without any reason and a full refund made
- a full refund if goods or services are not provided by an agreed date or within 30 days of placing an order if no date was agreed
- protection against credit card fraud.
Your home shopping rights only apply to goods or services you buy from traders who are organised to sell to you without face-to-face contact. They do not apply to financial services like insurance or banking (the Financial Services Authority FSA regulates financial services businesses). Auctioneers, unlike other sellers, can refuse to accept responsibility for the quality of the goods they auction. Read the conditions of sale with care. But, unless the seller is a private individual, the standard terms of the contract set out in the Unfair Terms in Consumer Contracts Regulations 1994 still apply.Nor do they apply to vending machine purchases or contracts involving the sale of land.
- Most of these rights – and particularly the right to cancel – do not apply to:
- unsealed audio or video tapes
- unsealed computer software
- betting games or lottery services
- newspapers and magazines
- food, drink or other goods intended for everyday consumption delivered by regular roundsmen – for example, deliveries of milk
- contracts for accommodation, transport, catering or leisure services, which are arranged for a specific time or date eg, train, airline or concert tickets, or hotel bookings
- timeshare and package holidays. Click here for information on Timeshare
You have some extra rights when you shop from home for some of these products and there are other consumer protection rules that apply.
Shopping in the EU
Always check the details before you shop. Your additional home shopping rights in the UK stem from a European Directive and they therefore should also apply in other European countries. However, it may take longer for some European countries to amend their laws to provide you with equal protection. Also, they may not be exactly the same there as those in the UK, so you should check details before you shop.
Shopping beyond the EU
In countries outside the European Union, your rights and responsibilities are likely to vary even more – so check these out too. Always try to check out the small print and be aware that your rights and responsibilities are likely to vary even more. If anything does go wrong, it might be more difficult to pursue a complaint against a trader who's based outside the UK – and particularly outside the EU.
When can you cancel a contract?
1) If the trader breaks one of the important terms of the contract, in other words a 'fundamental' part or term of the contract.
2) Where there is a term in the contract which gives you a right to cancel. Some stores have a policy allowing you to return unwanted goods in a certain number of days for a refund. This type of policy would then be a term in the contract.
3) Where you buy goods for more than £35 from an uninvited doorstep seller, you have 7 days to cancel.
4) Where you buy goods for more than £35 from an uninvited doorstep seller, you have 7 days to cancel.
5) If you buy goods on credit and the agreement is signed at home then you have 5 days from the date you receive the second copy of the agreement, to cancel.
6) If you sign a timeshare agreement in the UK, you have 14 days to cancel.
7) If you make a contract to buy goods or services over the phone, by e-mail or over the internet, you have 7 working days in which to cancel, from the date goods are delivered. With services, you have 7 working days to cancel after the contract is made.
How to cancel your contract?
Don't rely on a phone call. You have no proof of what was said in the conversation.
Send the trader a letter by recorded delivery post, within the time limit, stating that you want to cancel.
You must keep a copy of the letter. You normally have to return all the goods.
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