This section contains information on the rights a consumer has by law. An overview of these rights and their legal basis can be found below. If you would like more specific information on the rights of consumers and access to the relevant documents, click on the appropriate link in the left hand column.

We live in a society where the individual consumer has many rights and remedies available to them. The law protects consumers from potential and actual abuse by imposing a number of duties on manufacturers and suppliers of goods and services. But consumers need to know what their rights are and how to enforce them against powerful organisations, for these rights to become effective.

Very often consumers do not need to embark on formal litigation to do this, however. In most circumstances, a consumer complaint will suffice to put matters right. A carefully drafted letter to the organisation or its trade body or to an arbitration service can deliver rapid success. However, if this approach does not work, there are a number of governmental bodies as well as trade and professional associations that can be approached by the consumer. These bodies should resolve all but the most contentious problems. The last resort is to take matters to court for a final resolution.

In English law the rights of consumers comes from two sources:

• From Acts of Parliament - the statutory rights.
• From court decisions - the common law rights.

One of these Acts of Parliament, states that a party deals as a consumer if:

• He neither makes the contract in the course of a business nor holds himself out as doing so.
• The other party does make the contract in course of a business.
• The goods passing under the contract are of a type ordinarily supplied for private use or consumption.

This definition means that it should be relatively easy to identify a consumer transaction as one where a private individual deals with someone who is in the business of providing goods or services. In some rare circumstances, it is possible for limited companies to purchase goods as consumers when they are not “acting in the course of business”.

In order to qualify for the protection of the Acts of Parliament, the 'goods' must be actual personal 'things'; they cannot be anything attached to or forming part of land, nor can they be money. In addition, there must be an exchange of money even if it is only in 'part-exchange' with cash balance added. A straight exchange is not covered by the legislation.

There is no single consumer act; instead various Acts of Parliament grant a number of rights to consumers and impose obligations on the sellers and suppliers acting in the course of business. The most important of these acts are the following:

• The Sale of Goods Act 1979.
• The Supply of Goods and Services Act 1982.
• The Sale and supply of Goods Act 1994.
• The Consumer Credit Act 1974.
• The Unfair Contract Terms Act 1977.
• Consumer Protection Act 1987.
• Sale and Supply of Goods to Consumers Regulations 2002

These acts ensure that when a consumer enters a contract with a seller, that a number of conditions are automatically implied. Some of these are summarised below.

1. New or second-hand goods, and those sold in sales by a trader must:

• Belong to the trader; he must have title to the hi-fi unit he is selling.
• Be as described on the packaging or label; a woollen scarf must be made of wool.
• Be of satisfactory quality, that is, fit for all the purposes for which they are supplied, in good appearance and finish, free from major and minor faults, durable, and safe; a shoe must not fall apart after it has been used just a few times. Of course what will be accepted, as "satisfactory" will differ if someone is dealing with second-hand goods. In this case a lower standard applies.
• Be reasonably fit for all the purposes for which they are ordinarily used; a washing machine must be able to clean clothes.
• Be fit for a specific purpose which the buyer had made clear to the seller, if the buyer asks for a pair of waterproof boots, the boots sold must stop water penetration.
• Correspond to the sample shown; the carpet that the fitter arrives with must accord with the sample that was displayed in the shop.

2. A seller cannot include in a contract of sale any exclusion clauses, usually written in small print, which try to exclude the basic statutory rights described above. Any standard terms, which are inserted, in order to exclude or restrict liability for financial loss or damage will be declared invalid, unless they are fair and reasonable. Any terms which allow a trader to dishonour promises or which give the trader a right to vary the terms of the contract will be declared void unless they are deemed to be fair by the courts.

3. Professionals and tradesmen who provide a service must ensure that the work they do for the consumer is carried out:

• With reasonable skill and care.
• Using suitable materials of satisfactory quality.
• Completed within a reasonable time.
• At a reasonable cost if no price is fixed. An estimate is an informed guess and not a fixed price. A fixed cost is called a quotation and cannot be changed later by either party.

4. Any credit agreements must:

• Be advertised with the true rate of interest without hidden extras.
• Allow the purchaser a right to pay off the debt early.
• Give the buyer who signs the agreement at home, a 'cooling off period' during which they can change their mind and cancel the agreement.

5. Manufacturers are strictly liable if the products they make are defective and cause personal injury, or damage to property over £ 275. In addition, all goods must comply with a general safety requirement and the information about the product must not misleading.

6. If someone has signed a contract for goods costing more than £35 as a result of an 'unsolicited' visit at home by a door-to-door salesman, the buyer is allowed 7 days to change his or her mind. The salesman must inform the buyer of his right to cancel; failure to do so can lead to a fine of up to £2,500.

7. If someone buys anything costing more than £50 on credit as a result of a visit at home by a salesman, the buyer is allowed 7 days to change his mind. It does not matter whether the buyer invited the salesman to call or not, provided the buyer discussed the deal face to face with the salesman and signed the contract away from the salesman's business premises.

8. If a buyer enters into an agreement on the basis of a statement, which turns out to be untrue, he is entitled to get his money back or to claim compensation.

9. Anyone who receives unrequested and unwanted goods is entitled to get rid of them without paying for them.

10. It is a criminal offence for traders to make false statements about the goods they sell. Misleading price indications are also prohibited.

It is an offence under the Consumer Transactions (Restrictions on Statements) Order 1976 for a trader to put up a sign saying "no refunds".

In addition to the protection provided by the Acts of Parliament mentioned above, the consumer can rely on the law of contract. People make contracts every day, when they buy clothes from shops, travel on a train, or book a holiday. Sometimes the contract is in writing and sometimes it is done by word of mouth. The contract gives rights and imposes obligations on the parties to it. Once a seller has accepted a buyer's offer to buy, a legal contract has been made between them. If the seller has not complied with his obligations under the contract, the consumer may have a claim against him for breach of contract.

When you purchase goods from a trader, you are entering into a binding contract that places legal obligations on both parties, but some traders may try to get out of their obligations. Do you know whether the trader is correct? Read on and check your knowledge.

The manufacturer will only have liability if the goods are covered by a guarantee, and then only if the guarantee covers the fault in question. The law considers that the seller of the goods is always liable for breaches of contract, such as goods being faulty, so, even if there is a guarantee, the seller must rectify the faults if you ask him/her to. In exceptional circumstances, the manufacturer may be liable, e.g. if you are injured by an unsafe product, or if the manufacturer was negligent. If you suspect this, get some further advice. Where credit is involved, the finance company may also be liable.

No! If you have acted quickly enough, you are entitled to reject the goods and get a refund. If you have not acted quickly enough, you are entitled to a repair, a replacement, a reduction in the price or to rescission, leaflet). You do not have to accept a credit note.

If you purchased goods for cash after visiting a retailer, then no. You are only entitled to a refund if the goods are defective, not as described or not fit for their purpose. However, the trader may be willing to give you a credit note. If, however, you bought goods from a trader and the contract was concluded by means of distance communication, e.g. over the phone, internet, or from a catalogue, then different rules apply. In these circumstances you may be entitled to a cancellation period. Also, if you bought goods with credit organised by the retailer, different rules apply.

No! You are not entitled to a refund once you have accepted a credit note. Also, beware that if you do not use the credit note before its time limit expires, it will become worthless.

No! Traders cannot restrict their liability for faulty goods. In fact, these notices are illegal and the trader could be prosecuted by Trading Standards.

No! Guarantees are extra to your legal rights. If you can show that the goods were not of satisfactory quality at the time of sale i.e. they were not as durable as it is reasonable to expect, then you may have a claim against the trader or finance company (if applicable) for compensation.

No! You have the same rights when buying 'sale' goods as when you buy a brand new item. However, if the price has been reduced because the item was damaged, and it was pointed out to you at the time of purchase, or if the fault was easily seen and you should have noticed it on inspection, you cannot complain about the damage.

No! You do not have to produce a receipt in order to pursue a claim for faulty goods. However, if goods are faulty, your entitlement to a refund or repair may depend on the time that has passed since purchase. Also, if the goods have been sold at various prices then it is only fair that the trader will require proof of the purchase price or the date of purchase. Bear in mind also that if the goods are sold elsewhere, the trader will want to satisfy himself that he received the money in the first place. However, if you have a cheque stub, bank statement, or credit card slip, that should be sufficient.

Yes! You only have a claim against the seller if the goods are faulty or misdescribed.

Yes! You cannot complain about faults that you knew about before you purchased the goods. However, apart from the known faults, the machine is still required to be of a 'satisfactory' quality and work properly.

Yes! Goods on display in a shop are there for you to make an offer to buy, the shop is not obliged to accept your offer. The same applies where goods have been labelled with the wrong price; the shop does not have to sell at that price.

Usually the law considers that the buyer of the gift is the only one who has a contract with the shop. But if the buyer made it clear that the goods were meant as a gift, and identified you as the recipient, you will have rights as a 'Third Party' in the contract against the Trader.

Yes! Provided that the delivery date was specified and made a term of the contract, you are entitled to cancel the contract, without any financial penalty, once the date has passed.

In some circumstances, yes. If the contract was signed as the result of an 'unsolicited' visit i.e. a visit that you have not requested and is over £35, you have a seven day period during which you can cancel without any financial penalty. You have to be given a cancellation notice and the trader can be prosecuted by Trading Standards if the salesperson fails to provide the notice.

You also have cancellation rights if you sign a credit agreement in your home regardless of who invited the salesman to call. The law allows you a cancellation period of five days, which begins when you receive a second copy of the finance agreement through the post

If you contacted the trader and asked him to call, and were going to pay cash for the goods or services, then you have no cooling off period.