Shopping rights

Faulty goods

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). The law gives you certain statutory rights under this contract. These rights mean that goods should be:

Of a Satisfactory Quality, i.e. of a standard that a reasonable person would consider to be satisfactory - generally free from fault or defect, as well as being fit for their usual purpose, of a reasonable appearance and finish, safe and durable;
Fit for the purpose - as well as being fit for the purpose for which they are generally sold, goods should also 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. This could be verbally, words or pictures on a sign, packaging or an advert.

If the goods are not of satisfactory quality, or not fit for their purpose, or not as described, you are entitled to reject the goods and claim a full refund - providing this is done soon after the purchase was made.

Once you have "accepted" the goods i.e. kept them for a reasonable amount of time, you are no longer entitled to a refund, but are entitled to damages - the difference in value between the value of the faulty goods and the price paid. In practice this often amounts to having the goods repaired - although strictly there is no legal right to this - or to a replacement - but often a repair or a replacement is an acceptable solution.

You are not entitled to a refund if:

You have changed your mind about wanting the goods;
You were told about the fault before purchasing the item;
You examined the goods before purchasing and should have noticed the fault;
You have already accepted a credit note;
You are responsible for the damage.

Non-delivery of goods

If you order goods which will take some time to be delivered or manufactured, ask the seller to specify a delivery date in writing (such as on the order form) and make this part of the contract . Unfortunately there is no legal requirement to ensure that goods are delivered within a particular period. All it says is that goods should be delivered within a 'reasonable time'.

If a specific timescale has not been agreed and your goods are taking an excessive amount of time to arrive, you need to make time part of your contract with the supplier. This means writing to the supplier stating that you are "making time of the essence of the contract". In practical terms ask for delivery within a short time (e.g. 7 days). If your items are not delivered within this new deadline, you may now be able to claim a refund and try elsewhere.

Problems with a service

The Supply of Goods And Services Act 1982 applies to contracts for:

Work and materials, e.g. car repairs or building work;
Materials supplied as part of a service, e.g. tyres fitted to a car or a door fitted by a builder;
Work or service only, e.g. dry cleaning, holidays.

This legislation requires that goods or materials used must:

correspond with the description;
be of satisfactory quality;
be fit for the purpose.

And that any work carried out must be done:

With reasonable care and skill;
Within a reasonable time; and
At a reasonable charge, if the price is not agreed beforehand.

When work is not satisfactory, does not meet specified requirements, costs more than was agreed or takes longer than agreed you may be able to claim compensation - 'damages'. You will find it difficult to reject the whole job and ask for all your money back, although you should consider this if you can show that you have got no benefit at all from the contract. Each case is different and you will have to find a balance between the work that the trader has done and the shortfall in quality you are complaining about, and because of this it is usually considered reasonable to give the trader a chance to put things right.

Getting a refund - putting things right

If you have a complaint regarding goods purchased, or work carried out, it is important to contact the trader as soon as possible. The initial contact may be by telephone or by visiting the shop. Be reasonable and concise. If this does not resolve the matter, you should:

Put the complaint in writing;
Send the letter by recorded delivery post;
Keep a copy;
State what action you want and give a deadline.

If the dispute is not resolved quickly you may need supporting evidence; it's up to you to prove your case "on the balance of probabilities". Take photos and keep copies of all letters and documents, anything which may help prove your case e.g., credit card statements.

Example letters of complaint

If the problem remains unresolved, try contacting the head office or even a trade association. If this fails please get in touch with us. We will try to help you as far as possible.

Deposits

When you place an order and pay a deposit, you enter into a contract. The shop takes a deposit as security and proof of your good intentions. If you break the deal, then you will probably lose the deposit.

Repairs

If you accept a repair to faulty goods, you will not have lost any rights to have your money back later if the repair is unsuccessful. If the trader offers to exchange faulty goods, then get an agreement in writing that states that if the replacements are also faulty, you will still be able to have your money back. This is called 'reserving your rights'.

Prices

The Sale of Goods Act 1979 (as amended) and the Supply of Goods And Services Act 1982 do not regulate how much a trader charges for goods other than to say that any work/service carried must be undertaken for a reasonable charge, if the price has not been agreed.

However, you are entitled to expect the price of goods to be accurately displayed in a shop, catalogue, or advert. Whatever the indicated price, you cannot force the trader to supply them to you, but if you feel that you have been misled by the way the price was indicated you should contact us for further investigation.

Sale items

If you buy goods in sale your rights still apply unless specific defects are drawn to your attention prior to sale.

Gifts and presents

Unless you made specific arrangements with the seller to return unwanted presents, and can prove this, the trader is under no obligation to refund or exchange goods unless they are not of satisfactory quality, or not fit for their purpose, or not as described. If the goods are faulty, strictly speaking the original purchaser has the contract with the seller and he/she will have to make the complaint. In most circumstances, if you have proof of purchase shops will usually deal with you out of goodwill.

Second-hand goods

If you buy second-hand goods which become faulty you have the same rights as if they were new. Watch out though! If faults were pointed out to you at the time of sale, or should have been obvious to you on examination you cannot get your money back. Bear in mind also that second-hand goods are not likely to be of the same quality as new goods or as long lasting. Check before you buy.

Credit notes

If goods are faulty or not as described and you are offered a credit note, you can insist on a cash refund. If you are offered a credit note out of goodwill because you have simply changed your mind check how long it lasts as some are only valid for a limited period.

Private sales -'small ads'

When you buy goods from a private individual, you don't have the same rights as when buying from a trader, so be very careful. You have no rights to expect goods to be of a satisfactory quality or fit for their purpose, so you should check goods thoroughly before you buy them. However, the law does say that even private sellers shouldn't misrepresent goods to you. So if something has been misdescribed, you might have a claim. Be wary of traders who pretend to be private sellers and escape their usual liabilities. If you suspect a person is actually a trader contact us.

Guarantees and warranties

Guarantees and warranties are extra to your consumer rights. A guarantee may only cover goods for a limited period, for certain problems and only if you register. Warranties are similar but usually require you to pay for this 'extra protection'. Read the wording carefully before you arrange warranty cover to see if it provides value for money.

Paying by credit card

It can be worthwhile to buy goods costing more than £100 (and less than £30,000) using a credit card. The Consumer Credit Act makes the credit card company as equally liable as the seller. This can be useful if the trader who sold you faulty goods has gone out of business, or if you bought items abroad. This protection is not available if you paid using a debit card (e.g. Switch) or charge card (e.g. American Express).