Buying Goods

When you buy goods from a trader, such as a shop, market stall or elsewhere, you enter into a contract that is controlled by the Sale of Goods Act 1979. This law was amended in 2003 by the Sale and Supply of Goods to Consumers Regulations 2002.

A contract is a legally binding agreement between the buyer and seller where something of value changes hands, for example the passing of money for goods. Contracts don't have to be written down (unless they are for land or credit) and can also be verbal.

The following basic rules apply to all goods purchased, these are your statutory rights, but if you bought by post, telephone or via the internet, then this is known as distance buying and you have extra rights (see the section under distance selling). These rights do not apply to services where other rules apply but do include goods supplied as part of the service, (for example) double glazing or fitted kitchens etc

Your Statutory Rights

Goods should be of:

• satisfactory quality that is of a standard that a reasonable person would consider satisfactory, free from faults and defects and fit for their usual purpose, safe, durable and of a reasonable appearance and finish.
• fit for their purpose including for any specific purpose made known at the time of sale.
• as described - goods should correspond to their description. The description could be verbally, in writing, in pictures, on the product, or on packaging
  
  

What Are My Options If I Have Bought Faulty Goods?

Firstly, act quickly and tell the business as soon as possible, phone, write or go back. Stop using the goods. Goods should be collected by the business, however if they are small enough to be carried it is better to take them yourself. Allow them a reasonable time to examine the goods. If they are not satisfactory you are entitled to reject them and claim a full refund provided you acted quickly. The law doesn't say how long the trader should have to examine goods but if it was an item such as a kettle, it wouldn't be as long as a motor car, so you will need to be reasonable.

If you decide to let them carry out a repair you will not lose your rights to a refund if the repair doesn't work. If you allow them to replace the goods, get an agreement in writing that if that too turns out to be faulty you can still have refund and "reserve your rights".

If the fault was there when you purchased the goods then you have other options. You can ask for a repair or replacement, or a reduction in price to allow for the fault, or you can give the goods back and ask for a refund. You might not get all your money back though and will have to allow for any use you have had out of the goods. If you ask for the repair or replacement but the trader says this is not possible or you ask for a repair but it takes a long time or causes significant inconvenience, you can still ask for a reduction in price or refund.

If the fault happens within six months of purchase the trader has to prove they were satisfactory when you bought them. After that six months is up, you have to prove the item was not satisfactory.

 

Letters of Complaint

For guidance on writing letters of complaint, please refer to the "Consumer Direct" website. Consumer Direct have a range of letters that you can download and adapt to your own particular case.

Buying on Credit

Remember also that if an item costs over £100 and you used your credit card (not your debit card) then the credit card company is equally liable for the performance of the contract under the Consumer Credit Act 1974. You can complain to them as well as the supplier.

When Am I Not Entitled To Anything?

• If you were told about a fault before you purchased
• If the fault was obvious and it would be reasonable to have noticed it
• If you caused the damage
• If you simply changed your mind, choose the wrong size, colour, appearance
• If you purchased the goods more than six years ago
  
  

Buying Online

Distance Selling

If you bought goods by phone, fax, post or the internet you have extra rights in addition to those implied under the Sale of Goods Act 1979 (as amended).

The Distance Selling Regulations 2000 says you have seven days after delivery to change your mind, cancel the contract and claim a full refund. You must not in that time use the goods and you must keep them in all the original packaging. You may also have to pay the postage for returning the item if it says so in the trader's terms and conditions.

Goods should be delivered within 30 days and the time the price remains valid should be stated. Prices must include taxes and any delivery charges shown must be made clear. You must be advised of your right to cancel in seven days after delivery otherwise that right is extended to three months. The rules on distance selling do not apply to transport or accommodation, financial services, auctions, items specifically made for you food and drink or catering services provided on a specific date.