The principles of contract law discussed earlier are evident here, and if the breach is so fundamental or the consequences so significant, you will be entitled to rescind the contract entirely, get your money back and also claim damages. However, your rights in this respect depend upon whether it is felt you have already ‘accepted’ the goods in question. If you have been using the goods in question over a reasonable length of time, or you have given the impression that all is well and you are happy with the product, you cannot rescind the contract, but will be able to claim damages. However the law says that you must have ‘reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract’, which, in some cases, may be up to a year.
This may seem a bit fuzzy, so to add further clarification, the Sale of Goods Act now states that if a product develops a fault within the first 6 months, the assumption will be that the defect was present at the time of purchase and you should get an automatic repair or replacement. After this time, you may have to prove the fault was not due to misuse, although shops must also recognise issues of durability – i.e how long an item would be expected to last before developing problems.
Just because you sign a delivery / satisfaction note, or agree to a manufacturer’s repair, it does not mean you have accepted the goods, and are waiving your right to return them at a later date.
Common Complaints
- Do shops have to give me my money back?
- The shop doesn’t want to know, they say it is the manufacturer’s responsibility.
- It’s second hand – do I have any rights?
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I recently sold a phone to someone over social media. They asked me if the phone was unlocked to which I replied that I wasn’t sure but I thought it was. They purchased the phone, however a day later I received a message saying the phone was locked to the network I had been using. I got in touch with said network and received an unlock code on two separate occasions bother being the same code. They said this didn’t work. Now they are saying that they have paid extra money to get it unlocked but the person in the shop said he couldn’t do it as it was fully blocked. The phone was in working condition when I sold it. They are demanding a refund but I’ve refused as they should have checked the sim worked in the phone before they handed over the cash. Am I right to do so?
I purchased two couches from Harvey’s furniture I was told they would be delivered tomorrow the 30th November tonight the 29 th at 5.30 I received a call telling me they only have one and don’t have a date for delivery of second couch if I take delivery of one couch and they can’t deliver within 14days the second can I still claim full refund at present I have no seats to sit on as old couches were picked up today ready for delivery of new items
I purchased some cigarettes from my local Asda store. The packets are now non branded & so all the same colour. I asked for JPS Blue but it was not until I got home & went to open a packet, I realise the shop assistant had given me JPS Red ( a much stronger cigarette). I returned to the store with my receipt & the unopened cigarettes and asked them to change them to the type I had asked for (price is the same) At first they refused but after I insisted the manger was contacted, he agreed to an exchange. The trouble was they did not have any of the ones I had asked for, left in stock. When I asked for a refund they flatly refused and were rude about it. I am now £26 out of pocket and stuck with cigarettes that I did not ask for. Do I have any legal right to demand a refund?
I gave clothes to a vintage shop and have receipts for the value agreed. The lady marked the prices up to make a profit.£153 this was in 2014. It was agreed that the lady would contact me when they sold to pay me the money owed and she didn’t return my phone calls. Now she is claiming she gave them to charity and there was a storage charge..which she has now added to the desk of her new shop but this was not part of our initial agreement. What are my rights?
This information was very helpful since I just bought a sofa and love seat from Fantastic Furniture less that 60 days ago and they are falling apart. And there is little use of this items. Thank you
I sold a car privately 4 days ago and now shes saying theres an oil leak and wants a full refund how do i stand please. I didnt see any leak and she drove it said it was lovely sounded like a dream and i went away in it a few days before with no problems what should i do.
I bought s bed for my granddaughter and when delivered they couldn’t get it up the stairs they won’t exchange without paying more and refuse to exchange what are my rights
I bought a new 3 seater sofa today when I took all packaging of I found a hole in the arm i contacted the seller the said its my fault as i should have checked it when the delivery drivers where there but drivers went when i signed for it so where do i stand
I bought a new Ford taxi about 7weeks ago and since then it has had to go back to the approved Ford warranty workshop at least 4 times with problems regarding the engine management light coming on,and various other warning signs.the garage themselves are saying it is because the vehicle is doing a lot of stop start journeys and every time this happens it needs to go back to the garage to have the faults removed from the vehicles system.They have said the vehicle cannot cope with the constant stop start and needs longer runs because of the euro 6 emissions.As it is supposed to be a taxi, it is obviously going to have a lot of stop start journeys and if it cannot cope with this I think it is not fit for purpose and would like to return the vehicle and and claim back the 2 payments I have already made.I have already lost 2 days work because of this as well as other problems with the vehicle
All I want is a warranty. The seller( a salesman) and the store refuses to give me name of manufacturer or even the manager of the store name also no availability of corporate. Just want written waranty and maintainance booklet from seller or manufacturer.
I have recently taken a van out on finance from a dealership. There has been some issues, and I have raised a complain with the finance company. They are now telling me that my Consumer Rights are ‘void’ and that they no longer apply to me as I have apparently accepted responsiblity for the van being broken, the van is only 2 months old. Is this correct?