Your consumer rights
Laura Hails, Legal Executive
For advice on your consumer issues, please contact Laura at Pengelly & Rylands on 01580 762248 or email info@pengelly-rylands.co.uk.
What would you do if you bought a mobile phone which was faulty after a few weeks, a folding table that didn't fold or had a new sofa delivered that was a different colour to the one in the brochure? Consumer law provides the answer.
Consumer law affects our everyday lives. The Sale of Goods Act 1979 (as amended in 1994) was introduced to protect consumers from disreputable traders and it is important to be aware of the rights and protection that is available to you as a consumer. If you buy any goods from a trader, no matter which method of buying you choose or from whatever type of shop, the goods must:-
- Be of satisfactory quality - the mobile phone should not be faulty after a few weeks;
- Be fit for the purpose – the folding table should fold;
- Be as described - the sofa should be the same colour as described in the brochure.
If the trader breaks any of these conditions then the goods are faulty and you are entitled to a refund, repair or replacement. The trader should offer you a full refund for a faulty item if you haven't had a chance to use the item or have only used the item a few times. Some traders may only offer you a credit note, this is less than you are legally entitled to and you should complain. If you've had or used the item for a longer period of time, by law you may have ‘accepted' the goods.
Each situation will be different, so it's best to speak to the trader as soon as you discover the fault. If the trader won't give you a refund for a faulty item, they should usually offer to repair or replace the item for free. Whether you will get a free replacement or repair depends on what you paid for the item, how long you've had it and how long it's expected to last. If a repair or replacement isn't practical for you, would be too expensive for the trader or would take too long, the trader should either offer you a partial refund if you return the item or let you keep the item and give you a reduction in price for the fault.
As your contract of sale was with the seller, it is the seller who has to compensate you, not the manufacturer. Some traders try to get out of their legal obligations and will say that the problem must be taken up with the manufacturer. This is not true, the problem lies with the seller of the goods and it is their responsibility to deal with the problem.
In some situations you are not entitled to return goods. These are if you simply change your mind about wanting the goods, you damage them, you were told that the goods were faulty, or it was so obvious that you should have noticed before you bought them. Some traders, as a gesture of goodwill, may offer a credit note or refund or exchange where you are returning the goods because you have changed your mind.
If you buy the goods in a sale, you can still return them if they're faulty, unless it is clearly stated when you buy the goods that they are reduced because of a fault. A shop is breaking the law if it puts up a notice saying "No refunds given" and your local Trading Standards Office should be notified.
You should return the goods as soon as you are aware of the fault. If you decide to return the goods six months later then you may not be entitled to a full refund, although you may be issued with a credit note or you may have to prove the fault was not caused by accidental damage or wear and tear. The advice is to always complain as soon as possible.
You may be given a manufacturer's guarantee when you buy the goods. This does not affect the trader's legal obligations to you. The manufacturer's guarantee gives you extra rights. If the goods you buy are faulty from the start then it's better to take them back to the shop and ask for your money back.
Published August 2011
