A Guide to Your Consumer Rights

What You Need to Know

1. Under the Sale of Goods Act, you have a right to demand a refund if an item isn’t as described, fit for purpose or of a satisfactory standard.
2. A trader has no right to inform you that you have no legal rights when you are buying an item, nor are they allowed to give a misleading price, either verbally or in writing.
3. While you don’t have to have a receipt to make a claim, you may be required to provide some other proof of purchase such as a credit or debit card statement.
4. If you make a claim for a repair or replacement of faulty goods within six month of the purchase, it is up to seller to prove that the goods were not faulty when they were sold.
5. Compared to cash or cheque, credit cards and debit cards offer extra protection if things go wrong. You can claim for purchases made between the value of £100 and £30,000.
6. Should a trader agree to get a faulty item repaired, this must be done in a reasonable time frame and at no great inconvenience to you.
7. You should complain directly to Consumer Direct if you feel your consumer rights have been infringed.

The British don’t like to complain, so, when shopping, we too often settle for substandard goods. And yet, with the Sale of Goods Act 1979 on our side, we’re perfectly entitled to have shoddy products repaired, replaced or refunded.

Consumer Rights Overview

The Sale of Goods Act states that items must fulfil three simple requirements; they must be as described, fit for purpose and of satisfactory quality. You are within your rights to demand your money back if goods you bought do not meet these standards.

• As described: This means that the goods bought should correspond to any description by the seller, for example in their advertisements or in a brochure.
• Fit for purpose: Goods should be fit for their everyday purpose as well as any specific purpose you agreed with the seller at the time of sale.
• Of satisfactory standard: Quite simply, items should be free from defects and last a reasonable length of time.

A trader must accept responsibility for goods that do not meet basic requirements or are faulty, and should not redirect you to the manufacturer or wholesaler.

You do not need your receipt to claim your statutory rights, but it is extremely useful as proof of purchase. If you do not have your receipt, you may be required to produce alternative proof, such as bill from your credit card provider or bank statement.

However, you have no grounds for complaint if you were aware at the time of purchase that an item was defective or unfit for its purpose, if you damage it yourself or simply decide that you don’t want it.

Faulty Items

You are entitled to return faulty goods as long as you inform the seller promptly about the fault and ask for your money back. You may not “reject” a defective item if you have legally “accepted” it – if you were made aware of the fault at the time of purchase or if you kept the item for a “reasonable” length of time.

However, what is deemed “reasonable” is open to interpretation and varies from one item to another, so it’s best to return the item to the seller as soon as possible.

If you make a claim for a repair or replacement of faulty goods within six month of the purchase, it is up to seller to prove that the goods were not faulty when they were sold. However, if the fault arises after this time you may be asked to prove that the fault has not been caused by accidental damage or wear and tear.

Refunds

You may demand a refund if the goods you have purchased are faulty or do not satisfy the three basic requirements above. Even if you have used the goods you will usually still be entitled to a refund, though the trader is within their rights to offer only a partial refund if this is the case.

It is against the law for a trader to display a “no refunds” sign unless it adds that your statutory rights are not affected.

Your refund must come from the supplier – the shop where you bought the item – not the wholesaler or the manufacturer. If you are returning faulty goods by post, you are not obliged to do so at your own expense unless you have previously agreed to do so.

Repair and Replacement

If you would prefer to ask the seller to repair your item, your statutory rights will not be affected and you can still ask for a refund if the repair work doesn’t return the item to a satisfactory condition within a reasonable period of time. You are entitled to ask for a repair or replacement at any time up to six years (five years in Scotland) after you bought the goods in question. After this period, you no longer have the right to ask for repair or replacement.

By law, any repairs must be carried out in a reasonable time frame and without causing you any significant inconvenience.

Claiming From your Credit Card

If you have paid for goods priced at over £100 with your credit card, you can hold both the trader and the credit card company liable for any breach of contract under Section 75 of the Consumer Credit Act. However, a limit of £30,000 is in place for making a claim for a credit card purchase.

The credit card is jointly and severable liable, so you don’t have to go to the trader first to make your claim. However, speaking to the trader may be the quickest way to get your problem resolved.

Unsafe Goods

Goods must also be safe. Knowingly selling unsafe products is an offence whether they are new or second-hand. This doesn’t apply in the case of antiques and items in need of repair or reconditioning, as long as the supplier has informed you of this need. If you are sold unsafe goods, you can press for a prosecution with your local Trading Standards office, which you can find by visiting the DirectGov website.

If a problem with the item you have purchased causes injury to you or damage to your property totalling more than £275, you are within your rights to contact the manufacturer directly to demand compensation. The amount you receive will depend on the circumstances and what is reasonable.

Discrimination

It is illegal to discriminate against anyone, regardless of their age, gender, religion or sexual orientation, when buying goods. Additionally, traders must not discriminate against consumers in any way when they make a claim for a refund, repair or replacement. If you feel you have been discriminated against when making such a claim, you should get in touch with your local Citizens Advice Bureau as soon as is possible.

Further Information

• For more information on the Sale of Goods Act 1979 and your statutory rights as a consumer, visit the Department of Trade and Industry or Consumer Direct.
• Read more on your consumer rights when shopping with your credit card with this handy guide from Which?
• Find out more about your entitlements as a consumer with our guide to your airline compensation rights.