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Buying goods and services

Contents

This section shows the rights you have as a consumer when purchasing goods or services. If you have a problem with a specific type of good or service, then click on the appropriate link in the left hand column to access the article and relevant documents.

Overview

We all have rights when buying goods as a consumer from a trader. Whilst there are several laws which protect those rights, the main ones are:

  • The Sale of Goods Act 1979 (as amended)
  • The Supply of Goods and Services Act 1982

The Supply of Goods and Services Act 1982 does not apply in Scotland, but Scottish common law offers similar protection as the following.

Goods

The trader must provide you with goods which are:

  • Of satisfactory quality

Goods must meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price and all other relevant circumstances. The quality of goods includes their appearance and finish, their safety and their durability. Goods must be free from defects, even minor ones, except where these defects have been brought to your attention by the seller (perhaps the goods are being sold as 'shop-soiled').

  • Fit for their purposes

This includes 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 that can be played on a particular machine, the seller must not give you a game that cannot be played on that machine.

  • As described

The goods must be as described on the package or a display sign, or by the seller. For example, if you are told that a shirt is 100% cotton, then it should not turn out to be cotton and polyester.

Services

All services must be:

  • Provided with reasonable care and skill
  • Provided within a reasonable time
  • Provided for a reasonable price, if a price has not already been agreed

Remember when asking for a price for a job, if you are given a QUOTATION, then that is the price you should pay; if you accept an ESTIMATE, the final price could be more, but should still be reasonable.

When can contracts be cancelled?
  • If the trader breaks one of the important terms of the contract, in other words a 'fundamental' part.
  • If there is a term in the contract, which gives you a right to cancel. Often stores have a policy which allows you to return unwanted goods within a certain number of days for a refund. Such a policy would then be a term in the contract.
  • If you buy goods for more than £35 from an uninvited doorstep seller then you have 7 days to cancel.
  • If you buy goods on credit and the agreement is signed at home then you have 5 days from the date you receive the second copy of the agreement, to cancel.
  • If you sign a timeshare agreement in the UK you have 14 days to cancel it.
  • If you make a contract to buy goods or services over the telephone, by e-mail or over the internet, you have 7 working days in which to cancel, from the date the goods are delivered. In the case of services, you have 7 working days after the contract is made, to cancel.
How do I cancel?

Don't rely on phone calls - you have no proof of what was said in any conversation.

Send the trader a letter by recorded delivery post, within the time limit, stating that you wish to cancel.

Remember to keep a copy of that letter. You will normally have to return all goods.

If you are dissatisfied with goods or services

Go back to the shop or get in touch with the trader as soon as possible. Explain your problem, identify the faults and tell the trader what you want to be done and set a deadline. If you do not get a satisfactory response to your request, write to the trader and detail the problems. If the shop is part of a chain, write to the head office address as well. Address these letters to the customer services manager or the chairman.

When you have no legal rights

Remember, you have no legal rights where your complaint arises from:

  • Fair wear and tear
  • Misuse or accidental damage
  • You decide that you no longer want the item although there is nothing wrong with it
  • Faults that you knew about before you bought the goods, e.g. where the goods were marked as 'shop soiled'.
What are you entitled to?

When you buy something which is faulty at the time of sale, you are entitled to:

  • A repair or replacement. The trader is entitled to refuse either of these where it can be shown that the cost of doing so would be excessive in comparison with the alternative. Whatever remedy is agreed, it should not result in undue inconvenience to you the customer.

If a repair or replacement is not practical, you have the option to request:

  • A full or partial refund, depending on what is reasonable.

Normally, it is your responsibility, as the buyer, to prove that the goods were faulty at the time of sale. However, in the first six months from the date of purchase, when you return goods to request a repair or replacement, (or following that, a refund) you do not have to prove that the goods were faulty at the time of sale. There is an assumption that the goods were faulty unless the trader can prove otherwise. If you opt for a refund rather than a repair or replacement, the onus will remain on you to prove that the goods were faulty at the time of sale.

You can make a claim up to six years from the date of sale. This does not mean that the goods should last for six years, but is just the absolute limit for making a claim.

If you are unable to resolve the situation with the trader, it may be necessary to go to court to resolve it. If you intend to pursue the matter through the Courts, you may have to pay an independent expert to examine the goods or service and compile a report. The cost of this may be awarded to you by the Court.

The maximum claim that can be heard by the Small Claims Court is £5,000.

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