Your Rights
- Faulty Item
There are certain basic legal rights you have when you buy
goods or services. These rights apply to goods bought or hired
from a shop, street market, mail order catalogue or doorstep
seller. They include goods bought in sales. (They do not include
goods bought second-hand from a private seller. There is very
little protection for purchases of used goods).
If there is something wrong with what you buy, tell the seller
as soon as possible. If you are unable to return to the shop
within a few days of making the purchase, it is a good idea
to telephone to let it know about your complaint. Make a note
of the conversation and to whom you spoke.
If you tell the seller promptly that the goods are faulty
and you do not want them you should be able to get your money
back. As long as you have not legally accepted the goods you
can still reject them - that is, refuse to accept them. One
of the ways you accept goods is by keeping them, without complaint,
after you have had a reasonable time to examine them. What
is reasonable is not fixed; it depends on all the circumstances.
But normally you can at least take your purchase home and
try it out. If, however, you delay in examining what you have
bought, or in telling the seller about a fault, then you may
lose your right to reject.
Note that if you signed an acceptance note on receiving goods
this does not mean you have signed away your right to reject.
You still have a reasonable time to examine them. Letting
the seller try to put faulty goods right also has no effect
on your rights - if the repair fails, you still have any right
to reject that you had when you agreed to the repair.
Once you have, in the legal sense, accepted goods, you lose
your right to a full refund. You can only claim compensation,
and you have to keep your claim to a reasonable minimum. Normally
you have to accept an offer to put the goods right, or the
cost of a repair. But if the goods are beyond economical repair
you are entitled to a replacement, or the cash value of a
replacement if none is offered.
Some goods have manufacturers' guarantees. These are useful
when your statutory rights no longer apply. Claiming under
guarantees often results in fewer quibbles than relying on
your statutory rights, provided you complain within the guarantee
period. Use this link for more information on guarantees:
http://www.oft.gov.uk/html/consume/useful.htm#guarantees
Do not be put off by traders trying to talk their way out
of their responsibilities.
* The law says it is up to the seller to deal with complaints
about defective goods or other failures to comply with your
statutory rights. So do not accept the excuse that "it's
the manufacturer's fault". But you may have additional
rights against the manufacturer under a guarantee.
* You have the same rights when you buy sale goods as at any
other time; the seller cannot get away with notices saying
there are no refunds on sale goods. Think twice before you
buy from a trader who displays a notice like this. It is against
the law, and local authorities can prosecute the trader. Use
this link for more information on exclusion clauses:
http://www.oft.gov.uk/html/consume/useful.htm#exclusion
* You have the same rights even if you lose your receipt.
A receipt, however, is useful evidence of where and when you
bought the goods.
* You may be able to claim compensation if you suffer loss
because of faulty goods; for example, if a faulty iron ruins
your clothes.
Presents
If you received the faulty goods as a present, you may have
to ask the person who bought them to complain for you, or
to authorise you in writing to complain on his or her behalf.
Only the buyer has the statutory rights described earlier.
Returning goods
You are not legally obliged to return faulty goods to the
seller at your own expense. If an item is bulky and would
be difficult or expensive to return to the shop, ask the seller
to collect it. But this does not apply where you complain
about faults after having accepted the goods, or if you got
the goods as a present.
Private sales & auctions
You have fewer rights if you buy privately (http://www.oft.gov.uk/html/consume/useful.htm#private)
- that is, not from a trader - or at an auction. But if you
are injured by defective goods, or they cause property damage
costing you £275 or more, you have certain rights regardless
of how they were bought or whether they were a gift. If in
doubt seek further advice: http://www.oft.gov.uk/html/consume/cmpl-adv.htm#help
You have no 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 purchasing the item;
* simply changed your mind about the item.
Under these circumstances you are not entitled to anything,
but many shops will help out of goodwill. It is always worth
asking.
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