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We all buy goods
and services from shops and usually there are no problems, but when
a problem does occur, you need to know what to do about it. This
section of our site summarises your rights and will help you if
you have a dispute. By
Hegarty & Co. Solicitors
It is split
into three sections, buying goods, buying services, and general
advice.
Consumer
Law - Buying Goods
This section deals with buying goods, rather than services, and
what do do if things go wrong:
* the law
* if things go wrong
* common excuses
* presents
* returning faulty goods
* when you have no grounds for complaint
the law
When you are buying goods, the law states that they must meet certain
criteria. They must be:
* of satisfactory
quality - they must meet the standard that a reasonable person
would regard as acceptable bearing in mind the way they were described,
what they cost and any other relevant circumstances. This covers,
for instance, the appearance and finish of the goods, their safety,
and their durability. Goods must be free from defects, even minor
ones, except when they have been brought to your attention by the
seller for example, if the goods are said to be shop-soiled.
* fit for their purposes - including any particular purpose
mentioned by you to the seller - for example, if you are buying
a computer game and you explain that you want one which can be played
on a particular type of machine, the seller must not give you one
that cannot;
* as described - on the package or a display sign, or by
the seller. If you are told that a shirt is 100% cotton, then it
should not turn out to be cotton and polyester.
These are your
statutory rights. All goods bought or hired from a trader - whether
from shops, street markets, mail order catalogues or door-to-door
sellers - are covered by these rights. This includes goods bought
in sales.
When you decide
to complain, bear in mind how the item was described. A new item
must look new and unspoiled as well as work properly, but if the
goods are secondhand, or seconds, then you cannot expect perfect
quality.
Many traders
have goodwill policies which go beyond your statutory rights. For
example, some stores will allow you to exchange goods which are
not faulty, such as clothes which are the wrong size.
if things go wrong
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.
Changes to the
Sale of Goods Act came into force at the end of March 2003 allowing
customers greater power when returning faulty goods.
On 31 March
2003 the Sale and Supply of Goods to Consumer Regulations 2002 updated
the existing Sale of Goods Act. One of the implications of the new
regulations is that consumers can now seek repair, replacement,
partial or full refund on any goods that were faulty or defective
at the time of purchase. More importantly consumers no longer have
to prove that the goods were faulty when purchased. Instead the
retailer will have to prove that they were not. These provisions
do not apply to the fair wear and tear or misuse of goods, and after
6 months following the date of purchase the onus returns to the
consumer to prove that the items were defective at the time of purchase.
common excuses
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.
* 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 faulty 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.
when you have no grounds for complaint
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.
Consumer Law
- Buying Services
This section
deals with buying services, for example from a dry cleaner or travel
agent, car repairer or builder.
* the law
* unfair contract terms
* safety
the law
When you pay for a service - for example, from a dry cleaner, travel
agent, car repairer, hairdresser or builder - you are entitled to
certain standards. A service should be carried out:
* with reasonable
care and skill - a job should be done to a proper standard of workmanship.
If you get a new extension to your house, the walls should not start
to crack and the roof must not leak
* within a reasonable time - even if you have not actually agreed
a definite completion time with the supplier of the service
* at a reasonable charge, if no price has been fixed in advance
- if the price was fixed at the outset, or some other way of working
out the charge was agreed, you cannot complain later that it is
unreasonable. Always ask a trader how much a particular job will
cost. The trader may only be able to make an informed guess at the
cost and give you an estimate. If you agree a fixed cost it is usually
called a quotation. A fixed price is binding whatever it is called
Where materials
(such as bricks or wallpaper) are used in the provision of a service,
or the service involves fitting goods (such as double-glazing or
radiators), the materials and goods are covered by the same statutory
rights as when you buy them directly.
Whether you
are buying goods or services, it could be worth checking, before
you part with your money, whether the business or person providing
the service is a member of a trade association. Membership does
not guarantee satisfactory work, but if anything goes wrong, it
could make it easier to get things put right. In some sectors trade
associations are very active and have codes of practice. If a trader
does adhere to a code of practice this may also benefit you if a
problem arises.
back to the top of the page.
unfair contract terms
You are not bound by a standard term in a contract with a trader
if it unfairly weights the contract against you. This applies particularly
to exclusion clauses. But a new law means that, in contracts concluded
since 1 July 1995, other kinds of unfair small print are also covered.
Examples include:
* penalty clauses
and (except in special circumstances) terms which give the trader
the right to vary the terms of the contract (for instance, by increasing
the price) without you having the right to withdraw
* terms which try to stop you holding back any part of the price
of goods or services if they turn out to be defective, or prevent
you from withdrawing from the contract while allowing the trader
to do so
* terms which allow the trader to dishonour promises, for instance,
ones made by salesmen
* terms which try to stop you being able to go to court over a dispute
The new law
applies to standard terms - those you have not negotiated yourself
- in contracts for goods and services that you buy as a consumer.
Terms that define what you get and how much you pay are not covered
unless they are unclear. So the law cannot be used to argue that
a contract does not represent fair value for money.
It is for the
courts to decide if a term is unfair. If you think a term is unfair
and you do not wish to be bound by it, you may wish to seek advice
from your local trading standards department or citizens advice
bureau. You can also write to the Director General of Fair Trading.
When he receives a complaint about a term, if he considers it unfair
he can take action in court to stop its use in future contracts.
He cannot, however, get involved with individual cases.
safety
It is an offence for a supplier to sell goods unless they are safe.
This applies to both new and secondhand products, but not to antiques
or to goods needing repair or reconditioning, providing you were
clearly informed of this fact. If you believe you have bought unsafe
goods, you should contact the trading standards department of your
local authority. Prompt action may help prevent accident or injury
to other customers.
Consumer Law
- General Advice
This section
gives general advice on consumer issues and the law:
* misleading
prices
* untrue claims
* estimates and quotations
* goods on order from a shop
* mail order
misleading
prices
It is a criminal offence for traders to make misleading price claims
about goods or services. For example, "Was £120. Now
£99.99" is misleading if the goods or services have never
been provided at the higher price. It is also misleading if a trader
fails to show hidden extras, or to make it clear when a price is
conditional on, say, another purchase. If you consider that you
have been seriously misled about a price tell your local trading
standards department and ask them to investigate.
untrue claims
It is a criminal offence for a trader to say or write something
which is untrue about goods or (in some circumstances) services.
For example, if a car is said to have run only 20,000 miles, or
the dry cleaner offers a 24 hour service, these statements must
be true. If you feel you have been seriously misled, tell your local
trading standards department.
estimates and quotations
When you need or want to have a service done, find out in advance
what it will cost by getting an estimate or a quotation. An estimate
is generally a rough price, while a quotation is normally a fixed
price. Make sure you know which you are getting and ask for it to
be put in writing. Check whether prices quoted include VAT.
goods on
order from a shop
If you order something not in stock or which requires delivery,
such as a new suite of furniture, you may agree a date by which
you must have it. It is a good idea to get this in writing. If the
goods do not arrive on time you can refuse to accept them. If you
do not need the goods by a specific time, you could ask for an estimated
delivery date. But even if you do not agree a delivery date the
seller must still deliver in a reasonable time. If you think enough
time has passed and do not want to wait any longer, tell the seller.
Say that if the item has not come within a certain period (14 days
might be reasonable) you want your money back. But if you agree
at that point to wait longer - say an extra month - you cannot cancel
in that time.
When you order
something, you and the seller should agree a fixed price. You may
agree that if the cost of the goods goes up before delivery, you
will pay the increase. In some instances the cost may not be known.
Whatever the situation, make sure you know where you stand, preferably
in writing.
mail order
You have the same statutory rights when you buy through mail order
as when you buy from a shop, but there are other things you need
to consider. Be particularly careful when giving your credit card
details over the telephone that you are dealing with a reliable
trader.
Goods should
be delivered within a reasonable time, usually 28 days or as specified
in the advertisement. If the goods do not turn up you can cancel
the order and ask for your money back. But if you agree to allow
the seller extra time, you cannot cancel until that time is up.
The law allows
you a reasonable time to examine the goods. Do this as soon as you
can and if they are faulty send them back immediately with a note
explaining the problem. Keep a copy of your note. It is also advisable
to get a proof of postage certificates from the Post Office. Most
mail order catalogues have special arrangements for the return of
goods. In other cases, the company should reimburse you for the
cost of returning the goods.
If you order
through an advertisement read it thoroughly before placing an order
and keep a copy. If you cannot keep a copy, note the advertiser's
name and address, where and when the advertisement appeared, when
you posted your order and any other.details, such as charges for
postage and packing.
Try to avoid
sending cash in the post. Use credit cards, cheques or postal orders.
If you have to send cash, send it by registered post.
If ordering
from a book or record club, make sure you know what commitment you
are making. Find out exactly what you have to buy and over how long
in order to qualify for the introductory offer.
Most newspapers
and magazines have mail order protection schemes (MOPS). These cover
you if you send payment in advance for goods in response to an advertisement,
and the firm goes out of business before you get the goods or a
refund. You can write to the publication's advertising manager for
help.
© 1999 - 2005 Hegarty
& Co · All rights reserved
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