1.
I've changed my mind about an item purchased, and the
shop will not give me a refund. Can they do this?
Yes. The Sale of Goods Act 1979 (as amended) and the
Sale and Supply of Goods to Consumers Regulations 2002
provides the grounds on which rejection of the goods,
and a refund is allowed. The Act says that goods bought
must be:-
a) as described
b) of satisfactory quality
c) fit for their purpose
Only if the goods do not meet the above criteria can
you reject the goods, and you are only entitled to a
refund if you are deemed not to have accepted the goods
(e.g. through lapse of time). Even if you have accepted
the goods, you will still be entitled to redress in
the form of damages. This will not usually amount to
the sum originally paid for the goods but can include
the cost of repairing the goods.
However, under the 2002 regulations you can choose to
request a repair or replacement instead, although the
retailer can decline either of these if they are disproportionately
costly in comparison to any alternative. Any remedy
must be completed without significant inconvenience
to you. If neither a repair nor a replacement is realistically
possible you can instead request a partial or full refund,
depending on what is "reasonable" in the circumstances.
When the seller is not in breach of the above terms,
such as where a consumer changes his/her mind, the item
is not suitable, or does not fit, there is no right
to a refund. If the shop do offer either a refund, exchange
or credit note, then it is more than you would be legally
entitled to, unless you specifically agree prior to
purchase what would happen should these circumstances
arise.
2. The shop is only offering a repair of faulty
goods. I want a refund or at the very least a replacement,
do I have to accept a repair?
You are only entitled to a refund if you have not accepted
the
goods. Acceptance takes place if either the goods are
not rejected within a reasonable period of time, you
tell the seller that you have accepted the goods or
you act inconsistently with the seller's ownership.
The most common form of acceptance is through lapse
of a reasonable period of time. Currently, case law
suggests that acceptance can take place anywhere between
3 weeks and 6 months
after purchase. Ultimately, it is a question that can
only be decided by a court after considering all the
circumstances.
If you have accepted the goods then you will be entitled
to the cost of repairing the goods which often equates
to a repair by the seller. The Sale and Supply of Goods
to Consumers Regulations 2002 state that you can choose
to request a repair or replacement instead, although
the retailer can decline either of these if they are
disproportionately costly in comparison to any alternative.
Any remedy must be completed without significant inconvenience
to you. If neither a repair nor a replacement is realistically
possible you can instead request a partial or full refund,
depending on what is "reasonable" in the circumstances.
If you have accepted the goods then you will be entitled
to the cost of repairing the goods which often equates
to a repair by the seller. The law makes no mention
of replacements, only of refunds and damages. Often
traders offer replacement as the most suitable solution
for both sides, but they are not obliged to do so.
3. I have bought an electrical appliance which
is faulty. The shop says that it is the manufacturers
responsibility, and that I should contact them. Is this
correct?
No. Your statutory rights under the Sale of Goods Act
1979 (as amended) are enforceable against the seller
of the goods, which is often the shop where you bought
them. As you paid your money to the shop in return for
the goods, a contract exists between you and the shop,
and it is this contract into which the conditions of
the Act are implied. As you have no contract with the
manufacturer, the Act will not apply against them. You
may have purchased an extended warranty with your item.
This will have its own conditions which may offer you
more than your legal rights, e.g. accidental damage
cover. See question 4 if you are offered a guarantee
(e.g. by a manufacturer or the retailer) on a voluntary
basis.
4. Do goods and services have to have a guarantee?
There is no duty on a manufacturer or retailer to provide
guarantees on goods and services. Any free guarantees
(sometimes called Warranties) are given either at the
manufacturer's or retailer's discretion.
If given they :
o Will be legally binding on the person offering it
o Will have to be written in plain English
o Must be available for viewing before purchase
o Must state that they do not affect the consumer's
legal rights
If a manufacturer reneged on a free guarantee the consumer
could enforce it in the Small Claims Court. The retailer
would not be involved. It is important to remember that
because the provision of goods and services comes within
the law of contract, your statutory rights last for
6 years.
5. I saw an item in a shop for £2.99,
but when I went to pay they wanted to charge me £5.99
as they said that it was wrongly priced. Can they do
this?
As far as the civil law is concerned, the shop can refuse
to sell the item at the lower price. The reason for
this can be found in law of contract which says that
by taking the item to the till, you are making an offer
to buy at the price marked. The contract is not actually
made until the shop accepts that offer, and it therefore
follows that it is open to them to refuse to sell at
that price. However, the shop may have committed a criminal
offence under Part III of The Consumer Protection
Act 1987, and may be reported to the Trading
Standards Service for our consideration, although any
action taken will not affect your civil position.
6. I have bought goods privately. What are
my rights?
When you buy goods privately, although certain sections
of the Sale of Goods Act 1979 (as amended) do apply,
what is arguably the most important condition concerning
satisfactory quality and fitness for purpose do not.
Therefore if you buy goods privately which are defective,
faulty or are not fit for the purpose for which they
are commonly applied, you will have no right of redress
against the seller. However goods bought privately must
be owned by the seller. They must also match any description
applied, unless the seller states otherwise, and the
seller must not misrepresent the goods in any way which
induces you to buy the goods.
7. I have signed a contract and have now changed
my mind. On reading the terms and conditions, it says
that I cannot cancel. I thought that there is a statutory
cooling off period for all contracts. Is this true?
There are some contracts, such as some Consumer Credit
Agreements, Mail Order, Timeshare contracts, contracts
signed as a result of unsolicited visits to your home,
and contracts signed away from business premises, which
have a minimum statutory cooling off period, but there
is no general law covering all contracts. It is therefore
very important to read carefully the terms and conditions
of any contract which you are required to sign. Check
whether you have a cooling off period or cancellation
rights, and in the case of cancellation by you, whether
there are financial penalties for doing so. When you
sign a contract containing terms and conditions the
law deems you have read, understood, and accepted the
terms contained in it. Many contracts have clauses to
this effect, as well as warnings that you should only
sign the contract if you mean to be bound by it.
8. What can I do if a shop refuses to honour
its obligations?
The legislation involved is civil legislation, and in
contract law, the only people who can enforce the terms
of the contract are the parties to it (i.e. yourself
and the trader). This means that it is for you to enforce
your rights under the contract. Your ultimate sanction
is to obtain a court judgement in your favour. The small
claims court procedure was created with such problems
in mind. The limit for any claim is £5,000, and
it is designed to be a quick and cheap means of obtaining
justice. Each party should not involve solicitors, but
should instead represent themselves at a fairly informal
hearing (not in a courtroom), after which judgement
is made. If you decide to take action, it would be for
you to prove your case as you are the one who is alleging
a wrong. For example, if the trader is denying that
the goods are faulty, then you should provide evidence
to the contrary. The standard of proof in civil law
is only on the balance of probabilities, rather than
the criminal one of beyond reasonable doubt.
9. Some men with a van called at my house and
said that I needed some work doing on my roof. We agreed
a price, they did the work, and I paid them in cash
(they insisted on this method of payment). The work
has been poorly done, and has caused other damage. The
telephone number on the receipt is a mobile number which
is always switched off and the address is an accommodation
address. What can I do?
Unfortunately, this is not an easy situation to deal
with. If the work has not been undertaken with reasonable
care and skill then you have rights under The Supply
of Goods and Services Act 1982 and the trader should
either correct the work to a suitable standard and repair
the damage caused or pay for the cost of these repairs.
However this can only be achieved if you can trace the
workman, as the ultimate sanction of a County Court
judgement can only be obtained if you can find them.
In the circumstances listed above, it would be almost
impossible to trace the trader, leaving the consumer
with no redress in practice.
10. I wondered whether you have received any
complaints about this company, as I am thinking of using
them. What information do you have?
The information held on our computer database is subject
to The Data Protection Act 1984, and can only be used
for certain specified purposes. We are therefore unable
to provide information about complaints received. To
provide such information would not only leave us open
to possible criminal conviction, but also to an action
under the defamation laws. We often only hear the facts
from one viewpoint, and it would be unfair of us to
advise other people of such complaints when there may
be unknown circumstances which put the complaint in
a different light.
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