Your Consumer Rights
The British don’t like to complain, so as shoppers we too often settle for substandard goods. And yet we are perfectly entitled to protest about shoddy products with gusto, because a wide-ranging piece of legislation, called the Sale of Goods Act 1979, gives us many rights as consumers.
Basic requirements
This law, which was amended and updated in 1994 and 1995, says that goods must fulfil three simple requirements. You are within your rights to demand your money back should an item you have purchased not be:
- Of satisfactory standard. Items should be free of defects and last a reasonable length of time.
- Fit for its purpose, meaning that every item must do what the trader claims it does.
- As described. Suppliers and advertisements must be honest about the nature of their goods. New items must look as such, though second-hand goods cannot be expected to be in perfect condition.
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 a credit card bill 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 ‘reject’ 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. You would do this by keeping the item for a ‘reasonable’ length of time – though what constitutes ‘reasonable’ is open to debate. It is best, then, to be as prompt as possible in alerting the trader to the problem.
Refunds
You may demand a refund if the goods you have purchased are faulty or do not satisfy the three basic requirements noted above. The burden is on you as the customer to prove that the problem was present when you bought the item. Even if you have used the goods you will usually still be entitled to a refund, but the trader is within his or her rights to return only a percentage of the original price.
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 prefer to ask the seller to repair your item, your statutory rights are not affected and you can still ask for a refund should the repair work not return the item to a satisfactory condition within a reasonable period of time without causing you significant inconvenience.
Regulations introduced in March 2003 allow you to ask for faulty goods to be replaced and state that in any case in which you demand repair or replacement within six months of purchase, the onus is on the trader to prove that the fault was not present at the time of sale.
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 should press for a prosecution with your local Trading Standards office, which you can find by consulting Directgov (http://www.direct.gov.uk).
If a problem with the item(s) you have purchased cause 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 depends on the circumstances and what is reasonable.
Further information
For more facts about the Sale of Goods Act 1979 and your statutory rights as a consumer, visit the Department of Trade and Industry (http://www.dti.gov.uk) or Consumer Direct (http://www.consumerdirect.gov.uk).
